[Senate Report 117-164]
[From the U.S. Government Publishing Office]
Calendar No. 506
117th Congress } { Report
SENATE
2d Session } { 117-164
_______________________________________________________________________
PERFORMANCE ENHANCEMENT REFORM ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 2617
TO AMEND SECTION 1115 OF TITLE 31, UNITED
STATES CODE, TO AMEND THE DESCRIPTION OF HOW
PERFORMANCE GOALS ARE ACHIEVED, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 27, 2022.--Ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
29-010 WASHINGTON : 2022
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona RAND PAUL, Kentucky
JACKY ROSEN, Nevada JAMES LANKFORD, Oklahoma
ALEX PADILLA, California MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
JOSH HAWLEY, Missouri
David M. Weinberg, Staff Director
Zachary I. Schram, Chief Counsel
Lena C. Chang, Director of Governmental Affairs
Matthew T. Cornelius, Senior Professional Staff Member
Pamela Thiessen, Minority Staff Director
Sam J. Mulopulos, Minority Deputy Staff Director
Cara G. Mumford, Minority Director of Governmental Affairs
Allen L. Huang, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 506
117th Congress } { Report
SENATE
2d Session } { 117-164
======================================================================
PERFORMANCE ENHANCEMENT REFORM ACT
_______
September 27, 2022.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany H.R. 2617]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (H.R. 2617) to amend
section 1115 of title 31, United States Code, to amend the
description of how performance goals are achieved, and for
other purposes, having considered the same, reports favorably
thereon with amendments and recommends that the bill, as
amended, do pass.
CONTENTS
Page
I. Purpose and Summary.............................................. 1
II. Background and Need for the Legislation.......................... 2
III. Legislative History.............................................. 2
IV. Section-by-Section Analysis of the Bill, as Reported............. 2
V. Evaluation of Regulatory Impact.................................. 3
VI. Congressional Budget Office Cost Estimate........................ 3
VII. Changes in Existing Law Made by the Bill, as Reported............ 4
I. Purpose and Summary
H.R. 2617, the Performance Enhancement Reform Act, revises
provisions regarding agency reporting of performance goals by
requiring agencies to include the following in their
descriptions of how the performance goals are to be achieved:
(1) the human capital, training, data and evidence, information
technology, and skill sets required to meet such goals; and (2)
the technology modernization investments, system upgrades,
staff technology skills and expertise, stakeholder input and
feedback, and other resources and strategies required to meet
such goals. The bill also requires an agency's chief
performance improvement office to provide the description
instead of an agency's chief human capital office which is the
current requirement.
II. Background and the Need for Legislation
Federal agencies are required by law to create annual
performance plans, which preview an agency's strategic goals
and objectives, help leaders align resources and guide
decision-making to accomplish priorities, and improve how
agencies deliver services to the public.\1\ The current law
requires an agency's Chief Human Capital Officer to contribute
to the creation of the agency's performance plan but does not
require agencies to incorporate data and evidence or
information technology measurements into plans.\2\
---------------------------------------------------------------------------
\1\Subcommittee on Government Operations Chairman Gerald Connolly
and Ranking Member Jody Hice, Performance Enhancement Reform Act One
Pager (April 16, 2021) (https://
oversight.house.gov/sites/democrats.oversight.house.gov/files/
Performance%20Enhancement%20Reform%20Act_one-pager.pdf).
\2\31 U.S.C. Sec. 1115(g).
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This bill would require collaboration between executive
suite leaders including the Chief Human Capital Officer, Chief
Information Officers, Chief Financial Officers, and Chief
Performance Officers (where applicable) in developing agencies'
annual performance plans.\3\ This bill would also require plans
to include descriptions of: human capital, training, data and
evidence, information technology, and skill sets needed for the
agency to meet the agency's performance goals; and technology
modernization investments, system upgrades, staff technology
skills and expertise, stakeholder input and feedback, and other
resources and strategies needed to meet the agency's
performance goals.
---------------------------------------------------------------------------
\3\Committee on Oversight and Reform: Chairman Connolly, Ranking
Member Hice Introduce Bipartisan Performance Enhancement Reform Act
(April 16, 2021).
---------------------------------------------------------------------------
By requiring the collaboration of these senior officials
that have expertise in the areas they oversee and ensuring
agencies have the resources needed to achieve their performance
goals, agencies can maximize human capital, technology, and
time to better serve the public and meet their performance
milestones.
III. Legislative History
Representative Gerry Connolly (D-VA) introduced H.R. 2617,
the Performance Enhancement Reform Act, on April 16, 2021, with
Representative Jody Hice (R-GA). Delegate Eleanor Holmes Norton
joined as a cosponsor on April 19, 2021. This bill passed the
House under suspension of the rules on September 28, 2021 by a
roll call vote of 414-10 and was referred to the Senate
Committee on Homeland Security and Governmental Affairs.
The Committee considered H.R. 2617 at a business meeting on
November 3, 2021. The bill was ordered reported favorably by
voice vote en bloc. Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, Portman, Johnson, Lankford, Romney, Scott, and
Hawley were present.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``Performance Enhancement Reform Act.''
Sec. 2. Amendment
This section amends section 1115 of title 31 of the U.S.
Code to require a description of how performance goals are to
be achieved. The requirements to meet the performance goals
include: human capital, training, data and evidence,
information technology, and skill sets. The requirements also
include technology modernization investments, system upgrades,
staff technology skills and expertise, stakeholder input and
feedback, and clearly defined milestones. The description must
also include the external and internal factors that contribute
to performance goals, which could be organizations, program
activities, regulations, policies, operational processes; and
how the agency is working with the aforementioned entities. The
description also requires the identification of ``goal
leaders'' who will be responsible for the achievement of a
performance goal.
This section also requires the Performance Improvement
Officer of an agency to collaborate with the Chief Human
Capital Officer, the Chief Information Officer, the Chief Data
Officer, and the Chief Financial Officer on preparing agency
performance goals. If the positions listed do not exist at an
agency, an equivalent position may fulfill these requirements.
Sec. 3. Determination of budgetary effects
This section states that the legislation complies with
PAYGO.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 18, 2022.
Hon. Gary Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2617, the
Performance Enhancement Reform Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Under current law, federal agencies must publicly release
plans that detail performance goals and measurements for all
program activities. H.R. 2617 would require agencies to include
information about the human capital, technology, and other
resources necessary to achieve those goals. The act also would
require collaboration among the chief performance officer and
other executives within the agency as they prepare those plans.
Because most of the act's requirements would codify
existing guidance from the Office of Management and Budget
(OMB), CBO estimates that implementing H.R. 2617 would cost
less than $500,000 over the 2022-2026 period. Those costs would
be for OMB to amend that guidance and for federal agencies to
expand their current reporting. Any spending would be subject
to the availability of appropriated funds.
Enacting the legislation could affect direct spending by
some agencies that are allowed to use fees, receipts from the
sale of goods, and other collections to cover operating costs.
CBO estimates that any net changes in direct spending by those
agencies would be negligible because most of them can adjust
amounts collected to reflect changes in operating costs.
On July 23, 2021, CBO transmitted a cost estimate for H.R.
2617, the Performance Enhancement Reform Act, as ordered
reported by the House Committee on Oversight and Reform. The
two pieces of legislation are similar and CBO's estimates of
their budgetary effects is the same.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 31--MONEY AND FINANCE
* * * * * * *
SEC. 1115. FEDERAL GOVERNMENT AND AGENCY PERFORMANCE PLANS.
(a) * * *
(b) * * *
* * * * * * *
(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] the human capital, training, data
and evidence, information technology, and skill
sets required to meet those performance goals;]
(B) the technology modernization investments,
system upgrades, staff technology skills and
expertise, stakeholder input and feedback, and
other resources and strategies needed and
required to meet the performance goals;
[(B)] (C) clearly defined milestones;
[(C)] (D) an identification of the
organizations, program activities, regulations,
policies, operational processes, and other
activities that contribute to each performance
goal, both within and external to the agency;
[(D)] (E) a description of how the agency is
working with other agencies and the
organizations identified in subparagraph (D) to
measure and [to] achieve its performance goals
as well as relevant Federal Government
performance goals; and
[(E)] (F) an identification of the agency
officials responsible for the achievement of
each performance goal, who shall be known as
goal leaders;
* * * * * * *
(g) [Chief Human Capital Officers.--With respect to each
agency with a Chief Human Capital Officer, the Chief Human
Capital Officer shall] Preparation of Performance Plan._The
Performance Improvement Officer of each agency (or the
functional equivalent) shall collaborate with the Chief Human
Capital Officer (or the functional equivalent), the Chief
Information Officer (or the functional equivalent), the Chief
Data Officer (or the functional equivalent), and the Chief
Financial Officer (or the functional equivalent) of that agency
to prepare that portion of the annual performance plan
described under subsection (b)(5)[(A)].
[all]