[House Report 114-853]
[From the U.S. Government Publishing Office]


114th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      114-853

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



 
GETTING RESULTS THROUGH ENHANCED ACCOUNTABILITY AND TRANSPARENCY ACT OF 
                                  2016

                                _______
                                

December 8, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 5033]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 5033) to improve the Governmentwide 
management of unnecessarily duplicative Government programs and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     4
Section-by-Section...............................................     5
Explanation of Amendments........................................     6
Committee Consideration..........................................     6
Roll Call Votes..................................................     6
Application of Law to the Legislative Branch.....................     6
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     6
Statement of General Performance Goals and Objectives............     7
Duplication of Federal Programs..................................     7
Disclosure of Directed Rule Makings..............................     7
Federal Advisory Committee Act...................................     7
Unfunded Mandate Statement.......................................     7
Earmark Identification...........................................     7
Committee Estimate...............................................     7
Budget Authority and Congressional Budget Office Cost Estimate...     8
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Getting Results through Enhanced 
Accountability and Transparency Act of 2016''.

SEC. 2. PURPOSE.

  The purpose of this Act is to increase the efficiency and 
effectiveness of the Federal Government in measuring and managing 
unnecessary duplication, fragmentation, and overlap in Government 
programs and in addressing recommendations from the Government 
Accountability Office.

SEC. 3. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF UNNECESSARILY 
                    DUPLICATIVE GOVERNMENT PROGRAMS.

  Section 21 of the Joint Resolution entitled ``Joint Resolution 
increasing the statutory limit on the public debt'' (Public Law 111-
139; 31 U.S.C. 712 note) is amended to read as follows:

``SEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF 
                    UNNECESSARILY DUPLICATIVE GOVERNMENT PROGRAMS.

  ``(a) In General.--The Comptroller General of the United States 
shall--
          ``(1) conduct routine investigations to identify programs, 
        agencies, offices, and initiatives with unnecessarily 
        duplicative goals and activities within departments and 
        agencies and Governmentwide; and
          ``(2) submit to Congress an annual report on the findings of 
        the investigations under paragraph (1).
  ``(b) Contents of Reports.--Reports submitted under subsection (a)(2) 
shall, to the extent possible--
          ``(1) include--
                  ``(A) information from available reports estimating 
                the cost of unnecessary duplication identified under 
                subsection (a)(1); and
                  ``(B) recommendations for consolidation, 
                coordination, and elimination to reduce unnecessary 
                duplication, which shall identify specific rescissions; 
                and
          ``(2) aggregate separately--
                  ``(A) estimates of related costs reported by the 
                Comptroller General for instances of actual and 
                potential unnecessary duplication; and
                  ``(B) estimates of other potential cost savings and 
                revenue collection reported by the Comptroller General 
                during the period covered by the report.''.

SEC. 4. IMPROVEMENTS TO ELIMINATION OF UNNECESSARY DUPLICATION.

  (a) Systematic Agency Review of Operations.--Section 305(c) of title 
5, United States Code, is amended--
          (1) in paragraph (1), by inserting ``, and ways in which the 
        agency might improve its performance toward its mission'' 
        before the semicolon;
          (2) by redesignating paragraphs (2) and (3) as paragraphs (4) 
        and (5), respectively;
          (3) by inserting after paragraph (1) the following:
          ``(2) informing the processes of the agency for learning and 
        decisionmaking;
          ``(3) assessing potential opportunities to improve 
        coordination within the agency and with other agencies, and to 
        address actual and potential unnecessary duplication;''; and
          (4) in paragraph (5), as so redesignated, by inserting ``and 
        performance toward achieving the mission of the agency'' before 
        the period.
  (b) Chief Operating Officers.--Section 1123(b) of title 31, United 
States Code, is amended--
          (1) in paragraph (1)--
                  (A) by inserting ``evaluation,'' after 
                ``measurement,''; and
                  (B) by inserting ``risk management,'' after 
                ``progress,'';
          (2) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (3), (4), and (5), respectively;
          (3) by inserting after paragraph (1) the following:
          ``(2) address crosscutting program and management issues, 
        including opportunities to improve coordination and address 
        unnecessary duplication, within and external to the agency 
        using an enterprise risk management approach;'';
          (4) in paragraph (4), as so redesignated, by inserting ``of 
        mission-oriented components and units and mission support'' 
        after ``management''; and
          (5) in paragraph (5), as so redesignated--
                  (A) by striking ``such as the Chief'' and inserting 
                the following: ``such as--
                  ``(A) the heads of mission-related components and 
                units at the agency and the major components of the 
                agency; and
                  ``(B) the Chief''.
                  (B) by striking ``other line of business'' and all 
                that follows and inserting ``heads of mission support 
                functions at the agency and at the major components of 
                the agency.''.
  (c) Federal Government and Agency Performance Plans.--Section 1115 of 
title 31, United States Code, is amended--
          (1) in subsection (a)(6), by inserting ``, including actual 
        or potential unnecessary duplication,'' after ``crosscutting in 
        nature'';
          (2) in subsection (b)(9), in the matter preceding 
        subparagraph (A), by inserting ``, including actual or 
        potential unnecessary duplication,'' after ``agency faces''; 
        and
          (3) in subsection (h)--
                  (A) by redesignating paragraphs (5) through (12) as 
                paragraphs (6) through (13), respectively;
                  (B) by inserting after paragraph (4) the following:
          ``(5) `enterprise risk management' means the processes that 
        are used to address the full spectrum of risks across multiple 
        programs and organizations that are located within a larger 
        entity or initiative, placing the risks into an integrated and 
        interrelated portfolio, and prioritizing their mitigation;'';
                  (C) in paragraph (12), as so redesignated, by 
                striking ``and'' at the end;
                  (D) in paragraph (13), as so redesignated, by 
                striking the period and inserting a semicolon; and
                  (E) by adding at the end the following:
          ``(14) `risk' means the possibility of--
                  ``(A) an adverse event or phenomenon occurring; or
                  ``(B) a beneficial opportunity remaining unexploited; 
                and
          ``(15) `risk management' means the processes that are used to 
        identify, assess, prioritize, monitor, mitigate, and report on 
        risks to achieving the missions, goals, and objectives of a 
        department, agency, or program, or group thereof, using 
        resources and processes appropriate to the nature of the risks 
        and resources available.''.
  (d) Federal Government and Agency Priority Goals.--Section 1120 of 
title 31, United States Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)(B)--
                          (i) in the matter preceding clause (i), by 
                        inserting ``and mission support'' after 
                        ``management''; and
                          (ii) in clause (v), by striking the semicolon 
                        and inserting a period; and
                  (B) in paragraph (3)--
                          (i) by redesignating subparagraphs (A) 
                        through (G) as clauses (i) through (vii) and 
                        adjusting the margin accordingly;
                          (ii) by striking ``shall consult'' and 
                        inserting the following: ``shall--
                  ``(A) consider recommendations of the Government 
                Accountability Office in--
                          ``(i) the annual report submitted under 
                        section 21 of the Joint Resolution entitled 
                        `Joint Resolution increasing the statutory 
                        limit on the public debt' (Public Law 111-139; 
                        31 U.S.C. 712 note); or
                          ``(ii) the High Risk list; and
                  ``(B) consult''; and
                          (iii) in subparagraph (B)(vii), as so 
                        redesignated, by striking the semicolon and 
                        inserting a period; and
          (2) in subsection (b)(1)(A), by inserting ``biennial'' before 
        ``consultations''.
  (e) Performance Improvement Officers and the Performance Improvement 
Council.--Section 1124 of title 31, United States Code, is amended--
          (1) in subsection (a)(2)(A)--
                  (A) by inserting ``, in collaboration with heads of 
                agency components and mission support functions,'' 
                after ``Officer'';
                  (B) by inserting ``evaluation,'' after 
                ``measurement,''; and
                  (C) by inserting ``risk management,'' after 
                ``progress,''; and
          (2) in subsection (b)(2)--
                  (A) in subparagraph (D), by inserting ``including 
                issues relating to coordination and unnecessary 
                duplication,'' after ``issues,'';
                  (B) in subparagraph (E), by inserting ``and with non-
                Federal stakeholders, including States and local 
                governments,'' after ``exchange among agencies'';
                  (C) in subparagraph (F), by inserting ``and mission 
                support'' after ``management'';
                  (D) in subparagraph (I), by striking ``and'' at the 
                end;
                  (E) in subparagraph (J), by striking the period at 
                the end and inserting a semicolon; and
                  (F) by adding at the end the following:
                  ``(K) establish a public website; and
                  ``(L) place annually and archive on the website a 
                detailed annual report describing the Performance 
                Improvement Council's--
                          ``(i) structure (including any committees or 
                        task forces);
                          ``(ii) budget and relevant sources of funds;
                          ``(iii) staffing, on a full-time equivalent 
                        basis (including an accounting of details from 
                        agencies); and
                          ``(iv) past, current, and planned 
                        activities.''.
  (f) Elimination of Unnecessary Agency Reporting.--Section 1125(a)(1) 
of title 31, United States Code, is amended by striking ``reports;'' 
and inserting the following: ``reports, and place the list on a public 
website, which shall include, for each plan or report--
                  ``(A) a citation to the relevant statutory 
                requirement or direction in a congressional report; and
                  ``(B) an indication of whether and how the agency is 
                complying with the requirement to produce the plan or 
                report, including a citation to the means through which 
                the agency submits the plan or report;''.
  (g) Agency Reports.--Section 720(b) of title 31, United States Code, 
is amended, in the matter preceding paragraph (1), by inserting ``, 
including the annual report on unnecessarily duplicative goals and 
activities within departments and governmentwide required under section 
21 of the joint resolution entitled `A joint resolution increasing the 
statutory limit on the public debt' (Public Law 111-139; 31 U.S.C. 712 
note) and the High Risk list of the Government Accountability Office,'' 
after ``makes a report''.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 5033, the Getting Results through Enhanced 
Accountability and Transparency (GREAT) Act of 2016, requires 
agencies to incorporate a focus on unnecessary duplication, 
fragmentation, and overlap in management functions of federal 
programs. H.R. 5033 also enhances efforts to implement 
recommendations from the United States Government 
Accountability Office (GAO).

                  BACKGROUND AND NEED FOR LEGISLATION

    GAO publishes an annual report on potential government 
duplication, fragmentation, and overlap, and other cost 
savings. Since 2011, GAO has identified 250 areas and 637 
corrective actions in those areas to reduce fragmentation, 
overlap, or duplication, or address other opportunities for 
financial benefits.\1\ To date, less than half of the 
corrective actions recommended by GAO have been fully 
addressed. However, the 41 percent of corrective actions that 
have been addressed are projected to save the federal 
government $125 billion by 2025.
---------------------------------------------------------------------------
    \1\GAO, 2016 Annual Report: Additional Opportunities to Reduce 
Fragmentation, Overlap, and Duplication and Achieve Other Financial 
Benefits, GAO-16-375SP (Apr 13, 2016).
---------------------------------------------------------------------------
    Sustained leadership and attention is vital to improving 
efforts to resolve unnecessary duplication in federal programs. 
With this in mind, H.R. 5033 expands existing performance 
management requirements established by the Government 
Performance and Results Act (GPRA), as amended by the GPRA 
Modernization Act of 2010 (GPRAMA). Specifically, H.R. 5033 
requires agencies to incorporate consideration of unnecessary 
duplication in performance plans and other ongoing systematic 
agency reviews of operations.
    H.R. 5033 also increases transparency into the work of 
agencies by requiring that they post online a complete list of 
congressionally imposed reporting requirements and the status 
of agency efforts to comply with the requirements. The bill 
also clarifies that agencies are expected to consult with 
Congress on a biennial basis when developing agency-level 
priority goals.
    The legislation seeks to enhance interagency communication 
and collaboration by requiring the Office of Management and 
Budget (OMB) to consider GAO recommendations in developing or 
revising federal government priority goals, as required by 
GPRA. H.R. 5033 also requires agency Performance Improvement 
Officers (PIOs) and the interagency council PIOs serve on to 
address issues of coordination and duplication, to consult more 
widely in their work with non-Federal stakeholders, and to make 
their operations more transparent to Congress.

                          LEGISLATIVE HISTORY

    H.R. 5033 was introduced on April 21, 2016 by 
Representative Tammy Duckworth (D-IL) and referred to the 
Committee on Oversight and Government Reform. Representatives 
Steve Russell (R-OK), Robin Kelly (D-IL), Gerry Connolly (D-
VA), and Mark DeSaulnier (D-CA) are cosponsors. On July 12, 
2016, the Committee ordered favorably reported the bill, as 
amended, by voice vote.

                           Section-by-Section


Section 1. Short title

    Designates the short title of the bill as the Getting 
Results through Enhanced Accountability and Transparency Act of 
2016.

Section 2. Purpose

    The purpose of the bill is to increase efficiency and 
effectiveness in measuring and managing unnecessary 
duplication, fragmentation, and overlap in federal programs and 
to address recommendations from the Government Accountability 
Office (GAO).

Section 3. Identification, consolidation, and elimination of 
        unnecessarily duplicative government programs

    Amends section 21 of the joint resolution increasing the 
statutory limit on the public debt (Public Law 111-139), which 
established the GAO's report on duplication, fragmentation, and 
overlap, to clarify the contents of the report and require, to 
the extent possible, aggregated estimates of unnecessary 
duplication and other potential costs savings.

Section 4. Improvements to elimination of unnecessary duplication

    Subsection (a) amends section 305 of title 5, United States 
Code, to expand agencies' obligations to conduct ongoing 
systematic review of operations to also include determining 
ways to improve performance, informing learning and decision 
making, and assessing opportunities to address unnecessary 
duplication.
    Subsection (b) amends section 1123 of title 31, United 
States Code, to expand the responsibilities of the Chief 
Operating Officer of each agency to include addressing 
coordination and unnecessary duplication, overseeing mission 
support functions, and coordinating with the heads of mission 
support functions.
    Subsection (c) amends section 1115 of title 31, United 
States Code, by adding to the government-wide performance plan, 
and each agency's performance plan the requirement to identify 
unnecessary duplication.
    Subsection (d) amends section 1120 of title 31, United 
States Code, to require OMB to consider recommendations from 
GAO included in the duplication, fragmentation, and overlap 
report and High Risk report when developing cross-agency 
priority goals.
    Subsection (e) amends section 1124 of title 31, United 
States Code, to expand the role of agency PIOs to include 
collaborating with mission support functions, and to expand the 
responsibilities of the Performance Improvement Council to 
include resolving coordination and duplication performance 
issues, facilitating an exchange with agencies and non-federal 
stakeholders about performance improvements, and establishing a 
website and annual report about the Council.
    Subsection (f) amends section 1125 of title 31, United 
States Code, to require agencies to publish online a list of 
all reports required by Congress, including a citation to the 
statute or bill report establishing the requirement, and a 
description of the efforts to comply with the requirement.
    Subsection (g) amends section 720 of title 31, United 
States Code, to clarify that the requirement for agencies to 
provide to Congress a written response to GAO recommendations 
includes recommendations made in the High Risk report and the 
report on duplication, fragmentation, and overlap.

                       Explanation of Amendments

    During Full Committee consideration of the bill, 
Representative Duckworth offered an amendment in the nature of 
a substitute which removed subsection (h) of section (4) and 
made a small technical amendment to section (3). The amendment 
was adopted by voice vote.

                        Committee Consideration

    On July 12, 2016, the Committee met in open session and 
ordered reported favorably the bill, H.R. 5033, as amended, by 
voice vote, a quorum being present.

                            Roll Call Votes

    No roll call votes were requested or conducted during Full 
Committee consideration of H.R. 5033.

              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 the terms and conditions of 
employment or access to public services and accommodations. 
This bill improves the Government-wide management of 
unnecessarily duplicative Government programs. This bill does 
not relate to 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.

         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 
goal and objective of the bill is to improve the Government-
wide management of unnecessarily duplicative Government 
programs.

                    Duplication of Federal Programs

    No provision of this bill establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting this bill does not 
direct the completion of any specific rule makings within the 
meaning of 5 U.S.C. 551.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition 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 as to 
whether the provisions of the reported bill include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of Rule XXI.

                           Committee Estimate

    At the time of this writing, the Committee had yet to 
receive a formal cost estimate from the Congressional Budget 
Office for H.R. 5033. The bill primarily expands agency 
responsibilities under the Government Performance and Results 
Act by expanding and clarifying the existing requirements to 
conduct systematic review of operations, issuing a performance 
plan, developing cross agency goals, and responding to 
Government Accountability Office recommendations. The 
substantive new requirement is for agencies to provide a list 
of all congressionally mandated reports on online. As agencies 
generally have existing websites, publishing a list of reports 
submitted to Congress should be a minor additional cost. As 
H.R. 5033 does not establish any significant new process or 
reporting, the Committee estimates the costs of enacting H.R. 
5033 would be negligible.

     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 not 
received a cost estimate for this bill from the Director of 
Congressional Budget Office, and instead has included a 
committee estimate in the section prior to this one.

         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, and existing law in which no 
change is proposed is shown in roman):

                           PUBLIC LAW 111-139

JOINT RESOLUTION Increasing the statutory limit on the public debt.

           *       *       *       *       *       *       *


       TITLE II--ELIMINATION OF DUPLICATIVE AND WASTEFUL SPENDING

[SEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF DUPLICATIVE 
                    GOVERNMENT PROGRAMS.

  [The Comptroller General of the Government Accountability 
Office shall conduct routine investigations to identify 
programs, agencies, offices, and initiatives with duplicative 
goals and activities within Departments and governmentwide and 
report annually to Congress on the findings, including the cost 
of such duplication and with recommendations for consolidation 
and elimination to reduce duplication identifying specific 
rescissions.]

SEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF 
                    UNNECESSARILY DUPLICATIVE GOVERNMENT PROGRAMS.

  (a) In General.--The Comptroller General of the United States 
shall--
          (1) conduct routine investigations to identify 
        programs, agencies, offices, and initiatives with 
        unnecessarily duplicative goals and activities within 
        departments and agencies and Governmentwide; and
          (2) submit to Congress an annual report on the 
        findings of the investigations under paragraph (1).
  (b) Contents of Reports.--Reports submitted under subsection 
(a)(2) shall, to the extent possible--
          (1) include--
                  (A) information from available reports 
                estimating the cost of unnecessary duplication 
                identified under subsection (a)(1); and
                  (B) recommendations for consolidation, 
                coordination, and elimination to reduce 
                unnecessary duplication, which shall identify 
                specific rescissions; and
          (2) aggregate separately--
                  (A) estimates of related costs reported by 
                the Comptroller General for instances of actual 
                and potential unnecessary duplication; and
                  (B) estimates of other potential cost savings 
                and revenue collection reported by the 
                Comptroller General during the period covered 
                by the report.
                              ----------                              


TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


CHAPTER 3--POWERS

           *       *       *       *       *       *       *


Sec. 305. Systematic agency review of operations

  (a) For the purpose of this section, ``agency'' means an 
Executive agency, but does not include--
          (1) a Government controlled corporation;
          (2) the Tennessee Valley Authority;
          (3) the Virgin Islands Corporation;
          (4) the Atomic Energy Commission;
          (5) the Central Intelligence Agency;
          (6) the Panama Canal Commission; or
          (7) the National Security Agency, Department of 
        Defense.
  (b) Under regulations prescribed and administered by the 
President, each agency shall review systematically the 
operations of each of its activities, functions, or 
organization units, on a continuing basis.
  (c) The purpose of the reviews includes--
          (1) determining the degree of efficiency and economy 
        in the operation of the agency's activities, functions, 
        or organization units, and ways in which the agency 
        might improve its performance toward its mission;
          (2) informing the processes of the agency for 
        learning and decisionmaking;
          (3) assessing potential opportunities to improve 
        coordination within the agency and with other agencies, 
        and to address actual and potential unnecessary 
        duplication;
          [(2)] (4) identifying the units that are outstanding 
        in those respects; and
          [(3)] (5) identifying the employees whose personal 
        efforts have caused their units to be outstanding in 
        efficiency and economy of operations and performance 
        toward achieving the mission of the agency.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 31, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE I--GENERAL

           *       *       *       *       *       *       *


CHAPTER 7--GOVERNMENT ACCOUNTABILITY OFFICE

           *       *       *       *       *       *       *


SUBCHAPTER II--GENERAL DUTIES AND POWERS

           *       *       *       *       *       *       *


Sec. 720. Agency reports

  (a) In this section, ``agency'' means a department, agency, 
or instrumentality of the United States Government (except a 
mixed-ownership Government corporation) or the District of 
Columbia government.
  (b) When the Comptroller General makes a report, including 
the annual report on unnecessarily duplicative goals and 
activities within departments and governmentwide required under 
section 21 of the joint resolution entitled ``A joint 
resolution increasing the statutory limit on the public debt'' 
(Public Law 111-139; 31 U.S.C. 712 note) and the High Risk list 
of the Government Accountability Office, that includes a 
recommendation to the head of an agency, the head of the agency 
shall submit a written statement on action taken on the 
recommendation by the head of the agency. The statement shall 
be submitted to--
          (1) the Committee on Governmental Affairs of the 
        Senate and the Committee on Government Operations of 
        the House of Representatives before the 61st day after 
        the date of the report; and
          (2) the Committees on Appropriations of both Houses 
        of Congress in the first request for appropriations 
        submitted more than 60 days after the date of the 
        report.

           *       *       *       *       *       *       *


SUBTITLE II--THE BUDGET PROCESS

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


Sec. 1115. Federal Government and agency performance plans

  (a) Federal Government Performance Plans.--In carrying out 
the provisions of section 1105(a)(28), the Director of the 
Office of Management and Budget shall coordinate with agencies 
to develop the Federal Government performance plan. In addition 
to the submission of such plan with each budget of the United 
States Government, the Director of the Office of Management and 
Budget shall ensure that all information required by this 
subsection is concurrently made available on the website 
provided under section 1122 and updated periodically, but no 
less than annually. The Federal Government performance plan 
shall--
          (1) establish Federal Government performance goals to 
        define the level of performance to be achieved during 
        the year in which the plan is submitted and the next 
        fiscal year for each of the Federal Government priority 
        goals required under section 1120(a) of this title;
          (2) identify the agencies, organizations, program 
        activities, regulations, tax expenditures, policies, 
        and other activities contributing to each Federal 
        Government performance goal during the current fiscal 
        year;
          (3) for each Federal Government performance goal, 
        identify a lead Government official who shall be 
        responsible for coordinating the efforts to achieve the 
        goal;
          (4) establish common Federal Government performance 
        indicators with quarterly targets to be used in 
        measuring or assessing--
                  (A) overall progress toward each Federal 
                Government performance goal; and
                  (B) the individual contribution of each 
                agency, organization, program activity, 
                regulation, tax expenditure, policy, and other 
                activity identified under paragraph (2);
          (5) establish clearly defined quarterly milestones; 
        and
          (6) identify major management challenges that are 
        Governmentwide or crosscutting in nature, including 
        actual or potential unnecessary duplication, and 
        describe plans to address such challenges, including 
        relevant performance goals, performance indicators, and 
        milestones.
  (b) Agency Performance Plans.--Not later than the first 
Monday in February of each year, the head of each agency shall 
make available on a public website of the agency, and notify 
the President and the Congress of its availability, a 
performance plan covering each program activity set forth in 
the budget of such agency. Such plan shall--
          (1) establish performance goals to define the level 
        of performance to be achieved during the year in which 
        the plan is submitted and the next fiscal year;
          (2) express such goals in an objective, quantifiable, 
        and measurable form unless authorized to be in an 
        alternative form under subsection (c);
          (3) describe how the performance goals contribute 
        to--
                  (A) the general goals and objectives 
                established in the agency's strategic plan 
                required by section 306(a)(2) of title 5; and
                  (B) any of the Federal Government performance 
                goals established in the Federal Government 
                performance plan required by subsection (a)(1);
          (4) identify among the performance goals those which 
        are designated as agency priority goals as required by 
        section 1120(b) of this title, if applicable;
          (5) provide a description of how the performance 
        goals are to be achieved, including--
                  (A) the operation processes, training, skills 
                and technology, and the human, capital, 
                information, and other resources and strategies 
                required to meet those performance goals;
                  (B) clearly defined milestones;
                  (C) an identification of the organizations, 
                program activities, regulations, policies, and 
                other activities that contribute to each 
                performance goal, both within and external to 
                the agency;
                  (D) a description of how the agency is 
                working with other agencies to achieve its 
                performance goals as well as relevant Federal 
                Government performance goals; and
                  (E) an identification of the agency officials 
                responsible for the achievement of each 
                performance goal, who shall be known as goal 
                leaders;
          (6) establish a balanced set of performance 
        indicators to be used in measuring or assessing 
        progress toward each performance goal, including, as 
        appropriate, customer service, efficiency, output, and 
        outcome indicators;
          (7) provide a basis for comparing actual program 
        results with the established performance goals;
          (8) a description of how the agency will ensure the 
        accuracy and reliability of the data used to measure 
        progress towards its performance goals, including an 
        identification of--
                  (A) the means to be used to verify and 
                validate measured values;
                  (B) the sources for the data;
                  (C) the level of accuracy required for the 
                intended use of the data;
                  (D) any limitations to the data at the 
                required level of accuracy; and
                  (E) how the agency will compensate for such 
                limitations if needed to reach the required 
                level of accuracy;
          (9) describe major management challenges the agency 
        faces, including actual or potential unnecessary 
        duplication, and identify--
                  (A) planned actions to address such 
                challenges;
                  (B) performance goals, performance 
                indicators, and milestones to measure progress 
                toward resolving such challenges; and
                  (C) the agency official responsible for 
                resolving such challenges; and
          (10) identify low-priority program activities based 
        on an analysis of their contribution to the mission and 
        goals of the agency and include an evidence-based 
        justification for designating a program activity as low 
        priority.
  (c) Alternative Form.--If an agency, in consultation with the 
Director of the Office of Management and Budget, determines 
that it is not feasible to express the performance goals for a 
particular program activity in an objective, quantifiable, and 
measurable form, the Director of the Office of Management and 
Budget may authorize an alternative form. Such alternative form 
shall--
          (1) include separate descriptive statements of--
                  (A)(i) a minimally effective program; and
                  (ii) a successful program; or
                  (B) such alternative as authorized by the 
                Director of the Office of Management and 
                Budget, with sufficient precision and in such 
                terms that would allow for an accurate, 
                independent determination of whether the 
                program activity's performance meets the 
                criteria of the description; or
          (2) state why it is infeasible or impractical to 
        express a performance goal in any form for the program 
        activity.
  (d) Treatment of Program Activities.--For the purpose of 
complying with this section, an agency may aggregate, 
disaggregate, or consolidate program activities, except that 
any aggregation or consolidation may not omit or minimize the 
significance of any program activity constituting a major 
function or operation for the agency.
  (e) Appendix.--An agency may submit with an annual 
performance plan an appendix covering any portion of the plan 
that--
          (1) is specifically authorized under criteria 
        established by an Executive order to be kept secret in 
        the interest of national defense or foreign policy; and
          (2) is properly classified pursuant to such Executive 
        order.
  (f) Inherently Governmental Functions.--The functions and 
activities of this section shall be considered to be inherently 
governmental functions. The drafting of performance plans under 
this section shall be performed only by Federal employees.
  (g) Chief Human Capital Officers.--With respect to each 
agency with a Chief Human Capital Officer, the Chief Human 
Capital Officer shall prepare that portion of the annual 
performance plan described under subsection (b)(5)(A).
  (h) Definitions.--For purposes of this section and sections 
1116 through 1125, and sections 9703 and 9704, the term--
          (1) ``agency'' has the same meaning as such term is 
        defined under section 306(f) of title 5;
          (2) ``crosscutting'' means across organizational 
        (such as agency) boundaries;
          (3) ``customer service measure'' means an assessment 
        of service delivery to a customer, client, citizen, or 
        other recipient, which can include an assessment of 
        quality, timeliness, and satisfaction among other 
        factors;
          (4) ``efficiency measure'' means a ratio of a program 
        activity's inputs (such as costs or hours worked by 
        employees) to its outputs (amount of products or 
        services delivered) or outcomes (the desired results of 
        a program);
          (5) ``enterprise risk management'' means the 
        processes that are used to address the full spectrum of 
        risks across multiple programs and organizations that 
        are located within a larger entity or initiative, 
        placing the risks into an integrated and interrelated 
        portfolio, and prioritizing their mitigation;
          [(5)] (6) ``major management challenge'' means 
        programs or management functions, within or across 
        agencies, that have greater vulnerability to waste, 
        fraud, abuse, and mismanagement (such as issues 
        identified by the Government Accountability Office as 
        high risk or issues identified by an Inspector General) 
        where a failure to perform well could seriously affect 
        the ability of an agency or the Government to achieve 
        its mission or goals;
          [(6)] (7) ``milestone'' means a scheduled event 
        signifying the completion of a major deliverable or a 
        set of related deliverables or a phase of work;
          [(7)] (8) ``outcome measure'' means an assessment of 
        the results of a program activity compared to its 
        intended purpose;
          [(8)] (9) ``output measure'' means the tabulation, 
        calculation, or recording of activity or effort that 
        can be expressed in a quantitative or qualitative 
        manner;
          [(9)] (10) ``performance goal'' means a target level 
        of performance expressed as a tangible, measurable 
        objective, against which actual achievement can be 
        compared, including a goal expressed as a quantitative 
        standard, value, or rate;
          [(10)] (11) ``performance indicator'' means a 
        particular value or characteristic used to measure 
        output or outcome;
          [(11)] (12) ``program activity'' means a specific 
        activity or project as listed in the program and 
        financing schedules of the annual budget of the United 
        States Government; [and]
          [(12)] (13) ``program evaluation'' means an 
        assessment, through objective measurement and 
        systematic analysis, of the manner and extent to which 
        Federal programs achieve intended objectives[.];
          (14) ``risk'' means the possibility of--
                  (A) an adverse event or phenomenon occurring; 
                or
                  (B) a beneficial opportunity remaining 
                unexploited; and
          (15) ``risk management'' means the processes that are 
        used to identify, assess, prioritize, monitor, 
        mitigate, and report on risks to achieving the 
        missions, goals, and objectives of a department, 
        agency, or program, or group thereof, using resources 
        and processes appropriate to the nature of the risks 
        and resources available.

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Sec. 1120. Federal Government and agency priority goals

  (a) Federal Government Priority Goals.--
          (1) The Director of the Office of Management and 
        Budget shall coordinate with agencies to develop 
        priority goals to improve the performance and 
        management of the Federal Government. Such Federal 
        Government priority goals shall include--
                  (A) outcome-oriented goals covering a limited 
                number of crosscutting policy areas; and
                  (B) goals for management and mission support 
                improvements needed across the Federal 
                Government, including--
                          (i) financial management;
                          (ii) human capital management;
                          (iii) information technology 
                        management;
                          (iv) procurement and acquisition 
                        management; and
                          (v) real property management[;].
          (2) The Federal Government priority goals shall be 
        long-term in nature. At a minimum, the Federal 
        Government priority goals shall be updated or revised 
        every 4 years and made publicly available concurrently 
        with the submission of the budget of the United States 
        Government made in the first full fiscal year following 
        any year in which the term of the President commences 
        under section 101 of title 3. As needed, the Director 
        of the Office of Management and Budget may make 
        adjustments to the Federal Government priority goals to 
        reflect significant changes in the environment in which 
        the Federal Government is operating, with appropriate 
        notification of Congress.
          (3) When developing or making adjustments to Federal 
        Government priority goals, the Director of the Office 
        of Management and Budget [shall consult] shall--
                  (A) consider recommendations of the 
                Government Accountability Office in--
                          (i) the annual report submitted under 
                        section 21 of the Joint Resolution 
                        entitled ``Joint Resolution increasing 
                        the statutory limit on the public 
                        debt'' (Public Law 111-139; 31 U.S.C. 
                        712 note); or
                          (ii) the High Risk list; and
                  (B) consult periodically with the Congress, 
                including obtaining majority and minority views 
                from--
                          [(A)] (i) the Committees on 
                        Appropriations of the Senate and the 
                        House of Representatives;
                          [(B)] (ii) the Committees on the 
                        Budget of the Senate and the House of 
                        Representatives;
                          [(C)] (iii) the Committee on Homeland 
                        Security and Governmental Affairs of 
                        the Senate;
                          [(D)] (iv) the Committee on Oversight 
                        and Government Reform of the House of 
                        Representatives;
                          [(E)] (v) the Committee on Finance of 
                        the Senate;
                          [(F)] (vi) the Committee on Ways and 
                        Means of the House of Representatives; 
                        and
                          [(G)] (vii) any other committees as 
                        determined appropriate[;].
          (4) The Director of the Office of Management and 
        Budget shall consult with the appropriate committees of 
        Congress at least once every 2 years.
          (5) The Director of the Office of Management and 
        Budget shall make information about the Federal 
        Government priority goals available on the website 
        described under section 1122 of this title.
          (6) The Federal Government performance plan required 
        under section 1115(a) of this title shall be consistent 
        with the Federal Government priority goals.
  (b) Agency Priority Goals.--
          (1) Every 2 years, the head of each agency listed in 
        section 901(b) of this title, or as otherwise 
        determined by the Director of the Office of Management 
        and Budget, shall identify agency priority goals from 
        among the performance goals of the agency. The Director 
        of the Office of Management and Budget shall determine 
        the total number of agency priority goals across the 
        Government, and the number to be developed by each 
        agency. The agency priority goals shall--
                  (A) reflect the highest priorities of the 
                agency, as determined by the head of the agency 
                and informed by the Federal Government priority 
                goals provided under subsection (a) and the 
                biennial consultations with Congress and other 
                interested parties required by section 306(d) 
                of title 5;
                  (B) have ambitious targets that can be 
                achieved within a 2-year period;
                  (C) have a clearly identified agency 
                official, known as a goal leader, who is 
                responsible for the achievement of each agency 
                priority goal;
                  (D) have interim quarterly targets for 
                performance indicators if more frequent updates 
                of actual performance provides data of 
                significant value to the Government, Congress, 
                or program partners at a reasonable level of 
                administrative burden; and
                  (E) have clearly defined quarterly 
                milestones.
          (2) If an agency priority goal includes any program 
        activity or information that is specifically authorized 
        under criteria established by an Executive order to be 
        kept secret in the interest of national defense or 
        foreign policy and is properly classified pursuant to 
        such Executive order, the head of the agency shall make 
        such information available in the classified appendix 
        provided under section 1115(e).
  (c) The functions and activities of this section shall be 
considered to be inherently governmental functions. The 
development of Federal Government and agency priority goals 
shall be performed only by Federal employees.

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Sec. 1123. Chief Operating Officers

  (a) Establishment.--At each agency, the deputy head of 
agency, or equivalent, shall be the Chief Operating Officer of 
the agency.
  (b) Function.--Each Chief Operating Officer shall be 
responsible for improving the management and performance of the 
agency, and shall--
          (1) provide overall organization management to 
        improve agency performance and achieve the mission and 
        goals of the agency through the use of strategic and 
        performance planning, measurement, evaluation, 
        analysis, regular assessment of progress, risk 
        management, and use of performance information to 
        improve the results achieved;
          (2) address crosscutting program and management 
        issues, including opportunities to improve coordination 
        and address unnecessary duplication, within and 
        external to the agency using an enterprise risk 
        management approach;
          [(2)] (3) advise and assist the head of agency in 
        carrying out the requirements of sections 1115 through 
        1122 of this title and section 306 of title 5;
          [(3)] (4) oversee agency-specific efforts to improve 
        management of mission-oriented components and units and 
        mission support functions within the agency and across 
        Government; and
          [(4)] (5) coordinate and collaborate with relevant 
        personnel within and external to the agency who have a 
        significant role in contributing to and achieving the 
        mission and goals of the agency, [such as the Chief] 
        such as--
                  (A) the heads of mission-related components 
                and units at the agency and the major 
                components of the agency; and
                  (B) the Chief Financial Officer, Chief Human 
                Capital Officer, Chief Acquisition Officer/
                Senior Procurement Executive, Chief Information 
                Officer, and [other line of business chiefs at 
                the agency.] heads of mission support functions 
                at the agency and at the major components of 
                the agency.

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

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

Sec. 1125. Elimination of unnecessary agency reporting

  (a) Agency Identification of Unnecessary Reports.--Annually, 
based on guidance provided by the Director of the Office of 
Management and Budget, the Chief Operating Officer at each 
agency shall--
          (1) compile a list that identifies all plans and 
        reports the agency produces for Congress, in accordance 
        with statutory requirements or as directed in 
        congressional [reports;] reports, and place the list on 
        a public website, which shall include, for each plan or 
        report--
                  (A) a citation to the relevant statutory 
                requirement or direction in a congressional 
                report; and
                  (B) an indication of whether and how the 
                agency is complying with the requirement to 
                produce the plan or report, including a 
                citation to the means through which the agency 
                submits the plan or report;
          (2) analyze the list compiled under paragraph (1), 
        identify which plans and reports are outdated or 
        duplicative of other required plans and reports, and 
        refine the list to include only the plans and reports 
        identified to be outdated or duplicative;
          (3) consult with the congressional committees that 
        receive the plans and reports identified under 
        paragraph (2) to determine whether those plans and 
        reports are no longer useful to the committees and 
        could be eliminated or consolidated with other plans 
        and reports; and
          (4) provide a total count of plans and reports 
        compiled under paragraph (1) and the list of outdated 
        and duplicative reports identified under paragraph (2) 
        to the Director of the Office of Management and Budget.
  (b) Plans and Reports.--
          (1) First year.--During the first year of 
        implementation of this section, the list of plans and 
        reports identified by each agency as outdated or 
        duplicative shall be not less than 10 percent of all 
        plans and reports identified under subsection (a)(1).
          (2) Subsequent years.--In each year following the 
        first year described under paragraph (1), the Director 
        of the Office of Management and Budget shall determine 
        the minimum percent of plans and reports to be 
        identified as outdated or duplicative on each list of 
        plans and reports.
  (c) Request for Elimination of Unnecessary Reports.--In 
addition to including the list of plans and reports determined 
to be outdated or duplicative by each agency in the budget of 
the United States Government, as provided by section 
1105(a)(37), the Director of the Office of Management and 
Budget may concurrently submit to Congress legislation to 
eliminate or consolidate such plans and reports.

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