    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-352
    111th Congress

    An Act

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--This Act may be cited
    as the ``GPRA Modernization Act of 2010''.

    (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Strategic planning amendments.
    Sec. 3. Performance planning amendments.
    Sec. 4. Performance reporting amendments.
    Sec. 5. Federal Government and agency priority goals.
    Sec. 6. Quarterly priority progress reviews and use of performance
    information.
    Sec. 7. Transparency of Federal Government programs, priority goals, and
    results.
    Sec. 8. Agency Chief Operating Officers.
    Sec. 9. Agency Performance Improvement Officers and the Performance
    Improvement Council.
    Sec. 10. Format of performance plans and reports.
    Sec. 11. Reducing duplicative and outdated agency reporting.
    Sec. 12. Performance management skills and competencies.
    Sec. 13. Technical and conforming amendments.
    Sec. 14. Implementation of this Act.
    Sec. 15. Congressional oversight and legislation.

    SEC. 2. STRATEGIC PLANNING AMENDMENTS.

    Chapter 3 of title 5, United States Code, is amended by striking
    section 306 and inserting the following:
    ``Sec. 306. Agency strategic plans

    ``(a) <>  Not later than the first Monday in February of
    any year following the year in which the term of the President commences
    under section 101 of title 3, the head of each agency shall make
    available on the public website of the agency a strategic plan and
    notify the President and Congress of its availability. Such plan shall
    contain--
    ``(1) a comprehensive mission statement covering the major
    functions and operations of the agency;
    ``(2) general goals and objectives, including outcome-
    oriented goals, for the major functions and operations of the
    agency;
    ``(3) a description of how any goals and objectives
    contribute to the Federal Government priority goals required by
    section 1120(a) of title 31;

    [[Page 3867]]

    ``(4) a description of how the goals and objectives are to
    be achieved, including--
    ``(A) a description of the operational processes,
    skills and technology, and the human, capital,
    information, and other resources required to achieve
    those goals and objectives; and
    ``(B) a description of how the agency is working
    with other agencies to achieve its goals and objectives
    as well as relevant Federal Government priority goals;
    ``(5) a description of how the goals and objectives
    incorporate views and suggestions obtained through congressional
    consultations required under subsection (d);
    ``(6) a description of how the performance goals provided in
    the plan required by section 1115(a) of title 31, including the
    agency priority goals required by section 1120(b) of title 31,
    if applicable, contribute to the general goals and objectives in
    the strategic plan;
    ``(7) an identification of those key factors external to the
    agency and beyond its control that could significantly affect
    the achievement of the general goals and objectives; and
    ``(8) a description of the program evaluations used in
    establishing or revising general goals and objectives, with a
    schedule for future program evaluations to be conducted.

    ``(b) The strategic plan shall cover a period of not less than 4
    years following the fiscal year in which the plan is submitted. As
    needed, the head of the agency may make adjustments to the strategic
    plan to reflect significant changes in the environment in which the
    agency is operating, with appropriate notification of Congress.
    ``(c) The performance plan required by section 1115(b) of title 31
    shall be consistent with the agency's strategic plan. A performance plan
    may not be submitted for a fiscal year not covered by a current
    strategic plan under this section.
    ``(d) <>  When developing or making adjustments
    to a strategic plan, the agency shall consult periodically with the
    Congress, including majority and minority views from the appropriate
    authorizing, appropriations, and oversight committees, and shall solicit
    and consider the views and suggestions of those entities potentially
    affected by or interested in such a plan. The agency shall consult with
    the appropriate committees of Congress at least once every 2 years.

    ``(e) The functions and activities of this section shall be
    considered to be inherently governmental functions. The drafting of
    strategic plans under this section shall be performed only by Federal
    employees.
    ``(f) <>  For purposes of this section the term
    `agency' means an Executive agency defined under section 105, but does
    not include the Central Intelligence Agency, the Government
    Accountability Office, the United States Postal Service, and the Postal
    Regulatory Commission.''.
    SEC. 3. PERFORMANCE PLANNING AMENDMENTS.

    Chapter 11 of title 31, United States Code, is amended by striking
    section 1115 and inserting the following:

    [[Page 3868]]

    ``Sec. 1115. Federal Government and agency performance plans

    ``(a) <>  Federal Government Performance
    Plans.--In carrying out the provisions of section 1105(a)(28), the
    Director of the Office of Management and Budget shall coordinate with
    agencies to develop the Federal Government performance plan. <>  In addition to the submission of such plan with each budget
    of the United States Government, the Director of the Office of
    Management and Budget shall ensure that all information required by this
    subsection is concurrently made available on the website provided under
    section 1122 and updated periodically, but no less than annually. The
    Federal Government performance plan shall--
    ``(1) establish Federal Government performance goals to
    define the level of performance to be achieved during the year
    in which the plan is submitted and the next fiscal year for each
    of the Federal Government priority goals required under section
    1120(a) of this title;
    ``(2) identify the agencies, organizations, program
    activities, regulations, tax expenditures, policies, and other
    activities contributing to each Federal Government performance
    goal during the current fiscal year;
    ``(3) for each Federal Government performance goal, identify
    a lead Government official who shall be responsible for
    coordinating the efforts to achieve the goal;
    ``(4) establish common Federal Government performance
    indicators with quarterly targets to be used in measuring or
    assessing--
    ``(A) overall progress toward each Federal
    Government performance goal; and
    ``(B) the individual contribution of each agency,
    organization, program activity, regulation, tax
    expenditure, policy, and other activity identified under
    paragraph (2);
    ``(5) establish clearly defined quarterly milestones; and
    ``(6) identify major management challenges that are
    Governmentwide or crosscutting in nature and describe plans to
    address such challenges, including relevant performance goals,
    performance indicators, and milestones.

    ``(b) <>  Agency Performance Plans.--Not later than the
    first Monday in February of each year, the head of each agency shall
    make available on a public website of the agency, and notify the
    President and the Congress of its availability, a performance plan
    covering each program activity set forth in the budget of such agency.
    Such plan shall--
    ``(1) establish performance goals to define the level of
    performance to be achieved during the year in which the plan is
    submitted and the next fiscal year;
    ``(2) express such goals in an objective, quantifiable, and
    measurable form unless authorized to be in an alternative form
    under subsection (c);
    ``(3) describe how the performance goals contribute to--
    ``(A) the general goals and objectives established
    in the agency's strategic plan required by section
    306(a)(2) of title 5; and
    ``(B) any of the Federal Government performance
    goals established in the Federal Government performance
    plan required by subsection (a)(1);

    [[Page 3869]]

    ``(4) identify among the performance goals those which are
    designated as agency priority goals as required by section
    1120(b) of this title, if applicable;
    ``(5) provide a description of how the performance goals are
    to be achieved, including--
    ``(A) the operation processes, training, skills and
    technology, and the human, capital, information, and
    other resources and strategies required to meet those
    performance goals;
    ``(B) clearly defined milestones;
    ``(C) an identification of the organizations,
    program activities, regulations, policies, and other
    activities that contribute to each performance goal,
    both within and external to the agency;
    ``(D) a description of how the agency is working
    with other agencies to achieve its performance goals as
    well as relevant Federal Government performance goals;
    and
    ``(E) an identification of the agency officials
    responsible for the achievement of each performance
    goal, who shall be known as goal leaders;
    ``(6) establish a balanced set of performance indicators to
    be used in measuring or assessing progress toward each
    performance goal, including, as appropriate, customer service,
    efficiency, output, and outcome indicators;
    ``(7) provide a basis for comparing actual program results
    with the established performance goals;
    ``(8) a description of how the agency will ensure the
    accuracy and reliability of the data used to measure progress
    towards its performance goals, including an identification of--
    ``(A) the means to be used to verify and validate
    measured values;
    ``(B) the sources for the data;
    ``(C) the level of accuracy required for the
    intended use of the data;
    ``(D) any limitations to the data at the required
    level of accuracy; and
    ``(E) how the agency will compensate for such
    limitations if needed to reach the required level of
    accuracy;
    ``(9) describe major management challenges the agency faces
    and identify--
    ``(A) planned actions to address such challenges;
    ``(B) performance goals, performance indicators, and
    milestones to measure progress toward resolving such
    challenges; and
    ``(C) the agency official responsible for resolving
    such challenges; and
    ``(10) identify low-priority program activities based on an
    analysis of their contribution to the mission and goals of the
    agency and include an evidence-based justification for
    designating a program activity as low priority.

    ``(c) Alternative Form.--If an agency, in consultation with the
    Director of the Office of Management and Budget, determines that it is
    not feasible to express the performance goals for a particular program
    activity in an objective, quantifiable, and measurable form, the
    Director of the Office of Management and Budget may authorize an
    alternative form. Such alternative form shall--
    ``(1) include separate descriptive statements of--

    [[Page 3870]]

    ``(A)(i) a minimally effective program; and
    ``(ii) a successful program; or
    ``(B) such alternative as authorized by the Director
    of the Office of Management and Budget, with sufficient
    precision and in such terms that would allow for an
    accurate, independent determination of whether the
    program activity's performance meets the criteria of the
    description; or
    ``(2) state why it is infeasible or impractical to express a
    performance goal in any form for the program activity.

    ``(d) Treatment of Program Activities.--For the purpose of complying
    with this section, an agency may aggregate, disaggregate, or consolidate
    program activities, except that any aggregation or consolidation may not
    omit or minimize the significance of any program activity constituting a
    major function or operation for the agency.
    ``(e) Appendix.--An agency may submit with an annual performance
    plan an appendix covering any portion of the plan that--
    ``(1) is specifically authorized under criteria established
    by an Executive order to be kept secret in the interest of
    national defense or foreign policy; and
    ``(2) is properly classified pursuant to such Executive
    order.

    ``(f) Inherently Governmental Functions.--The functions and
    activities of this section shall be considered to be inherently
    governmental functions. The drafting of performance plans under this
    section shall be performed only by Federal employees.
    ``(g) Chief Human Capital Officers.--With respect to each agency
    with a Chief Human Capital Officer, the Chief Human Capital Officer
    shall prepare that portion of the annual performance plan described
    under subsection (b)(5)(A).
    ``(h) Definitions.--For purposes of this section and sections 1116
    through 1125, and sections 9703 and 9704, the term--
    ``(1) `agency' has the same meaning as such term is defined
    under section 306(f) of title 5;
    ``(2) `crosscutting' means across organizational (such as
    agency) boundaries;
    ``(3) `customer service measure' means an assessment of
    service delivery to a customer, client, citizen, or other
    recipient, which can include an assessment of quality,
    timeliness, and satisfaction among other factors;
    ``(4) `efficiency measure' means a ratio of a program
    activity's inputs (such as costs or hours worked by employees)
    to its outputs (amount of products or services delivered) or
    outcomes (the desired results of a program);
    ``(5) `major management challenge' means programs or
    management functions, within or across agencies, that have
    greater vulnerability to waste, fraud, abuse, and mismanagement
    (such as issues identified by the Government Accountability
    Office as high risk or issues identified by an Inspector
    General) where a failure to perform well could seriously affect
    the ability of an agency or the Government to achieve its
    mission or goals;
    ``(6) `milestone' means a scheduled event signifying the
    completion of a major deliverable or a set of related
    deliverables or a phase of work;

    [[Page 3871]]

    ``(7) `outcome measure' means an assessment of the results
    of a program activity compared to its intended purpose;
    ``(8) `output measure' means the tabulation, calculation, or
    recording of activity or effort that can be expressed in a
    quantitative or qualitative manner;
    ``(9) `performance goal' means a target level of performance
    expressed as a tangible, measurable objective, against which
    actual achievement can be compared, including a goal expressed
    as a quantitative standard, value, or rate;
    ``(10) `performance indicator' means a particular value or
    characteristic used to measure output or outcome;
    ``(11) `program activity' means a specific activity or
    project as listed in the program and financing schedules of the
    annual budget of the United States Government; and
    ``(12) `program evaluation' means an assessment, through
    objective measurement and systematic analysis, of the manner and
    extent to which Federal programs achieve intended objectives.''.
    SEC. 4. PERFORMANCE REPORTING AMENDMENTS.

    Chapter 11 of title 31, United States Code, is amended by striking
    section 1116 and inserting the following:
    ``Sec. 1116. Agency performance reporting

    ``(a) <>  The head of each
    agency shall make available on a public website of the agency and to the
    Office of Management and Budget an update on agency performance.

    ``(b)(1) <>  Each update shall compare actual
    performance achieved with the performance goals established in the
    agency performance plan under section 1115(b) and shall occur no less
    than 150 days after the end of each fiscal year, with more frequent
    updates of actual performance on indicators that provide data of
    significant value to the Government, Congress, or program partners at a
    reasonable level of administrative burden.

    ``(2) If performance goals are specified in an alternative form
    under section 1115(c), the results shall be described in relation to
    such specifications, including whether the performance failed to meet
    the criteria of a minimally effective or successful program.
    ``(c) Each update shall--
    ``(1) review the success of achieving the performance goals
    and include actual results for the 5 preceding fiscal years;
    ``(2) evaluate the performance plan for the current fiscal
    year relative to the performance achieved toward the performance
    goals during the period covered by the update;
    ``(3) explain and describe where a performance goal has not
    been met (including when a program activity's performance is
    determined not to have met the criteria of a successful program
    activity under section 1115(c)(1)(A)(ii) or a corresponding
    level of achievement if another alternative form is used)--
    ``(A) why the goal was not met;
    ``(B) those plans and schedules for achieving the
    established performance goal; and
    ``(C) if the performance goal is impractical or
    infeasible, why that is the case and what action is
    recommended;

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    ``(4) describe the use and assess the effectiveness in
    achieving performance goals of any waiver under section 9703 of
    this title;
    ``(5) include a review of the performance goals and
    evaluation of the performance plan relative to the agency's
    strategic human capital management;
    ``(6) describe how the agency ensures the accuracy and
    reliability of the data used to measure progress towards its
    performance goals, including an identification of--
    ``(A) the means used to verify and validate measured
    values;
    ``(B) the sources for the data;
    ``(C) the level of accuracy required for the
    intended use of the data;
    ``(D) any limitations to the data at the required
    level of accuracy; and
    ``(E) how the agency has compensated for such
    limitations if needed to reach the required level of
    accuracy; and
    ``(7) include the summary findings of those program
    evaluations completed during the period covered by the update.

    ``(d) <>  If an agency performance
    update includes any program activity or information that is specifically
    authorized under criteria established by an Executive Order to be kept
    secret in the interest of national defense or foreign policy and is
    properly classified pursuant to such Executive Order, the head of the
    agency shall make such information available in the classified appendix
    provided under section 1115(e).

    ``(e) The functions and activities of this section shall be
    considered to be inherently governmental functions. The drafting of
    agency performance updates under this section shall be performed only by
    Federal employees.
    ``(f) <>  Each fiscal year, the
    Office of Management and Budget shall determine whether the agency
    programs or activities meet performance goals and objectives outlined in
    the agency performance plans and submit a report on unmet goals to--
    ``(1) the head of the agency;
    ``(2) the Committee on Homeland Security and Governmental
    Affairs of the Senate;
    ``(3) the Committee on Oversight and Governmental Reform of
    the House of Representatives; and
    ``(4) the Government Accountability Office.

    ``(g) If an agency's programs or activities have not met performance
    goals as determined by the Office of Management and Budget for 1 fiscal
    year, the head of the agency shall submit a performance improvement plan
    to the Office of Management and Budget to increase program effectiveness
    for each unmet goal with measurable milestones. The
    agency <>  shall designate a senior official who
    shall oversee the performance improvement strategies for each unmet
    goal.

    ``(h)(1) If the Office of Management and Budget determines that
    agency programs or activities have unmet performance goals for 2
    consecutive fiscal years, the head of the agency shall--
    ``(A) <>  submit to Congress a
    description of the actions the Administration will take to
    improve performance, including proposed statutory changes or
    planned executive actions; and

    [[Page 3873]]

    ``(B) describe any additional funding the agency will
    obligate to achieve the goal, if such an action is determined
    appropriate in consultation with the Director of the Office of
    Management and Budget, for an amount determined appropriate by
    the Director.

    ``(2) In providing additional funding described under paragraph
    (1)(B), the head of the agency shall use any reprogramming or transfer
    authority available to the agency. <>  If after
    exercising such authority additional funding is necessary to achieve the
    level determined appropriate by the Director of the Office of Management
    and Budget, the head of the agency shall submit a request to Congress
    for additional reprogramming or transfer authority.

    ``(i) <>  If an agency's
    programs or activities have not met performance goals as determined by
    the Office of Management and Budget for 3 consecutive fiscal years, the
    Director of the Office of Management and Budget shall submit
    recommendations to Congress on actions to improve performance not later
    than 60 days after that determination, including--
    ``(1) reauthorization proposals for each program or activity
    that has not met performance goals;
    ``(2) proposed statutory changes necessary for the program
    activities to achieve the proposed level of performance on each
    performance goal; and
    ``(3) planned executive actions or identification of the
    program for termination or reduction in the President's
    budget.''.
    SEC. 5. FEDERAL GOVERNMENT AND AGENCY PRIORITY GOALS.

    Chapter 11 of title 31, United States Code, is amended by adding
    after section 1119 the following:
    ``Sec. 1120. Federal Government and agency priority goals

    ``(a) Federal Government Priority Goals.--
    ``(1) The Director of the Office of Management and Budget
    shall coordinate with agencies to develop priority goals to
    improve the performance and management of the Federal
    Government. Such Federal Government priority goals shall
    include--
    ``(A) outcome-oriented goals covering a limited
    number of crosscutting policy areas; and
    ``(B) goals for management improvements needed
    across the Federal Government, including--
    ``(i) financial management;
    ``(ii) human capital management;
    ``(iii) information technology management;
    ``(iv) procurement and acquisition management;
    and
    ``(v) real property management;
    ``(2) The Federal Government priority goals shall be long-
    term in nature. <>  At a
    minimum, the Federal Government priority goals shall be updated
    or revised every 4 years and made publicly available
    concurrently with the submission of the budget of the United
    States Government made in the first full fiscal year following
    any year in which the term of the President commences under
    section 101 of title 3. As needed, the Director of the Office of
    Management and Budget may make adjustments to the Federal
    Government priority goals to reflect significant changes in the
    environment in which the

    [[Page 3874]]

    Federal Government is operating, with appropriate notification
    of Congress.
    ``(3) <>  When developing or making
    adjustments to Federal Government priority goals, the Director
    of the Office of Management and Budget shall consult
    periodically with the Congress, including obtaining majority and
    minority views from--
    ``(A) the Committees on Appropriations of the Senate
    and the House of Representatives;
    ``(B) the Committees on the Budget of the Senate and
    the House of Representatives;
    ``(C) the Committee on Homeland Security and
    Governmental Affairs of the Senate;
    ``(D) the Committee on Oversight and Government
    Reform of the House of Representatives;
    ``(E) the Committee on Finance of the Senate;
    ``(F) the Committee on Ways and Means of the House
    of Representatives; and
    ``(G) any other committees as determined
    appropriate;
    ``(4) <>  The Director of the
    Office of Management and Budget shall consult with the
    appropriate committees of Congress at least once every 2 years.
    ``(5) <>  The Director of the Office of
    Management and Budget shall make information about the Federal
    Government priority goals available on the website described
    under section 1122 of this title.
    ``(6) The Federal Government performance plan required under
    section 1115(a) of this title shall be consistent with the
    Federal Government priority goals.

    ``(b) Agency Priority Goals.--
    ``(1) <>  Every 2 years, the head of each
    agency listed in section 901(b) of this title, or as otherwise
    determined by the Director of the Office of Management and
    Budget, shall identify agency priority goals from among the
    performance goals of the agency. The
    Director <>  of the Office of Management
    and Budget shall determine the total number of agency priority
    goals across the Government, and the number to be developed by
    each agency. The agency priority goals shall--
    ``(A) reflect the highest priorities of the agency,
    as determined by the head of the agency and informed by
    the Federal Government priority goals provided under
    subsection (a) and the consultations with Congress and
    other interested parties required by section 306(d) of
    title 5;
    ``(B) <>  have ambitious targets
    that can be achieved within a 2-year period;
    ``(C) have a clearly identified agency official,
    known as a goal leader, who is responsible for the
    achievement of each agency priority goal;
    ``(D) have interim quarterly targets for performance
    indicators if more frequent updates of actual
    performance provides data of significant value to the
    Government, Congress, or program partners at a
    reasonable level of administrative burden; and
    ``(E) have clearly defined quarterly milestones.
    ``(2) <>  If an agency
    priority goal includes any program activity or information that
    is specifically authorized under criteria established by an
    Executive order to be kept secret in the interest of national
    defense or foreign policy and is properly

    [[Page 3875]]

    classified pursuant to such Executive order, the head of the
    agency shall make such information available in the classified
    appendix provided under section 1115(e).

    ``(c) The functions and activities of this section shall be
    considered to be inherently governmental functions. The development of
    Federal Government and agency priority goals shall be performed only by
    Federal employees.''.
    SEC. 6. QUARTERLY PRIORITY PROGRESS REVIEWS AND USE OF PERFORMANCE
    INFORMATION.

    Chapter 11 of title 31, United States Code, is amended by adding
    after section 1120 (as added by section 5 of this Act) the following:
    ``Sec. 1121. Quarterly priority progress reviews and use of
    performance information

    ``(a) Use of Performance Information To Achieve Federal Government
    Priority Goals.--Not less than quarterly, the Director of the Office of
    Management and Budget, with the support of the Performance Improvement
    Council, shall--
    ``(1) for each Federal Government priority goal required by
    section 1120(a) of this title, review with the appropriate lead
    Government official the progress achieved during the most recent
    quarter, overall trend data, and the likelihood of meeting the
    planned level of performance;
    ``(2) include in such reviews officials from the agencies,
    organizations, and program activities that contribute to the
    accomplishment of each Federal Government priority goal;
    ``(3) <>  assess whether agencies,
    organizations, program activities, regulations, tax
    expenditures, policies, and other activities are contributing as
    planned to each Federal Government priority goal;
    ``(4) categorize the Federal Government priority goals by
    risk of not achieving the planned level of performance; and
    ``(5) for the Federal Government priority goals at greatest
    risk of not meeting the planned level of performance, identify
    prospects and strategies for performance improvement, including
    any needed changes to agencies, organizations, program
    activities, regulations, tax expenditures, policies or other
    activities.

    ``(b) Agency Use of Performance Information To Achieve Agency
    Priority Goals.--Not less than quarterly, at each agency required to
    develop agency priority goals required by section 1120(b) of this title,
    the head of the agency and Chief Operating Officer, with the support of
    the agency Performance Improvement Officer, shall--
    ``(1) for each agency priority goal, review with the
    appropriate goal leader the progress achieved during the most
    recent quarter, overall trend data, and the likelihood of
    meeting the planned level of performance;
    ``(2) coordinate with relevant personnel within and outside
    the agency who contribute to the accomplishment of each agency
    priority goal;
    ``(3) <>  assess whether relevant
    organizations, program activities, regulations, policies, and
    other activities are contributing as planned to the agency
    priority goals;

    [[Page 3876]]

    ``(4) categorize agency priority goals by risk of not
    achieving the planned level of performance; and
    ``(5) for agency priority goals at greatest risk of not
    meeting the planned level of performance, identify prospects and
    strategies for performance improvement, including any needed
    changes to agency program activities, regulations, policies, or
    other activities.''.
    SEC. 7. TRANSPARENCY OF FEDERAL GOVERNMENT PROGRAMS, PRIORITY
    GOALS, AND RESULTS.

    Chapter 11 of title 31, United States Code, is amended by adding
    after section 1121 (as added by section 6 of this Act) the following:
    ``Sec. 1122. Transparency of programs, priority goals, and results

    ``(a) Transparency of Agency Programs.--
    ``(1) <>  In general.--Not later than
    October 1, 2012, the Office of Management and Budget shall--
    ``(A) ensure the effective operation of a single
    website;
    ``(B) at a minimum, update the website on a
    quarterly basis; and
    ``(C) include on the website information about each
    program identified by the agencies.
    ``(2) Information.--Information for each program described
    under paragraph (1) shall include--
    ``(A) an identification of how the agency defines
    the term `program', consistent with guidance provided by
    the Director of the Office of Management and Budget,
    including the program activities that are aggregated,
    disaggregated, or consolidated to be considered a
    program by the agency;
    ``(B) a description of the purposes of the program
    and the contribution of the program to the mission and
    goals of the agency; and
    ``(C) an identification of funding for the current
    fiscal year and previous 2 fiscal years.

    ``(b) Transparency of Agency Priority Goals and Results.--The head
    of each agency required to develop agency priority goals shall make
    information about each agency priority goal available to the Office of
    Management and Budget for publication on the website, with the exception
    of any information covered by section 1120(b)(2) of this title. In
    addition to an identification of each agency priority goal, the website
    shall also consolidate information about each agency priority goal,
    including--
    ``(1) a description of how the agency incorporated any views
    and suggestions obtained through congressional consultations
    about the agency priority goal;
    ``(2) an identification of key factors external to the
    agency and beyond its control that could significantly affect
    the achievement of the agency priority goal;
    ``(3) a description of how each agency priority goal will be
    achieved, including--
    ``(A) the strategies and resources required to meet
    the priority goal;
    ``(B) clearly defined milestones;
    ``(C) the organizations, program activities,
    regulations, policies, and other activities that
    contribute to each goal, both within and external to the
    agency;

    [[Page 3877]]

    ``(D) how the agency is working with other agencies
    to achieve the goal; and
    ``(E) an identification of the agency official
    responsible for achieving the priority goal;
    ``(4) the performance indicators to be used in measuring or
    assessing progress;
    ``(5) a description of how the agency ensures the accuracy
    and reliability of the data used to measure progress towards the
    priority goal, including an identification of--
    ``(A) the means used to verify and validate measured
    values;
    ``(B) the sources for the data;
    ``(C) the level of accuracy required for the
    intended use of the data;
    ``(D) any limitations to the data at the required
    level of accuracy; and
    ``(E) how the agency has compensated for such
    limitations if needed to reach the required level of
    accuracy;
    ``(6) the results achieved during the most recent quarter
    and overall trend data compared to the planned level of
    performance;
    ``(7) an assessment of whether relevant organizations,
    program activities, regulations, policies, and other activities
    are contributing as planned;
    ``(8) an identification of the agency priority goals at risk
    of not achieving the planned level of performance; and
    ``(9) any prospects or strategies for performance
    improvement.

    ``(c) Transparency of Federal Government Priority Goals and
    Results.--The Director <>  of the Office of
    Management and Budget shall also make available on the website--
    ``(1) a brief description of each of the Federal Government
    priority goals required by section 1120(a) of this title;
    ``(2) a description of how the Federal Government priority
    goals incorporate views and suggestions obtained through
    congressional consultations;
    ``(3) the Federal Government performance goals and
    performance indicators associated with each Federal Government
    priority goal as required by section 1115(a) of this title;
    ``(4) an identification of the lead Government official for
    each Federal Government performance goal;
    ``(5) the results achieved during the most recent quarter
    and overall trend data compared to the planned level of
    performance;
    ``(6) an identification of the agencies, organizations,
    program activities, regulations, tax expenditures, policies, and
    other activities that contribute to each Federal Government
    priority goal;
    ``(7) <>  an assessment of whether
    relevant agencies, organizations, program activities,
    regulations, tax expenditures, policies, and other activities
    are contributing as planned;
    ``(8) an identification of the Federal Government priority
    goals at risk of not achieving the planned level of performance;
    and
    ``(9) any prospects or strategies for performance
    improvement.

    [[Page 3878]]

    ``(d) <>  Information on Website.--The
    information made available on the website under this section shall be
    readily accessible and easily found on the Internet by the public and
    members and committees of Congress. Such information shall also be
    presented in a searchable, machine-readable
    format. <> The Director of the Office of Management and
    Budget shall issue guidance to ensure that such information is provided
    in a way that presents a coherent picture of all Federal programs, and
    the performance of the Federal Government as well as individual
    agencies.''.
    SEC. 8. AGENCY CHIEF OPERATING OFFICERS.

    Chapter 11 of title 31, United States Code, is amended by adding
    after section 1122 (as added by section 7 of this Act) the following:
    ``Sec. 1123. Chief Operating Officers

    ``(a) Establishment.--At each agency, the deputy head of agency, or
    equivalent, shall be the Chief Operating Officer of the agency.
    ``(b) Function.--Each Chief Operating Officer shall be responsible
    for improving the management and performance of the agency, and shall--
    ``(1) provide overall organization management to improve
    agency performance and achieve the mission and goals of the
    agency through the use of strategic and performance planning,
    measurement, analysis, regular assessment of progress, and use
    of performance information to improve the results achieved;
    ``(2) advise and assist the head of agency in carrying out
    the requirements of sections 1115 through 1122 of this title and
    section 306 of title 5;
    ``(3) oversee agency-specific efforts to improve management
    functions within the agency and across Government; and
    ``(4) coordinate and collaborate with relevant personnel
    within and external to the agency who have a significant role in
    contributing to and achieving the mission and goals of the
    agency, such as the Chief Financial Officer, Chief Human Capital
    Officer, Chief Acquisition Officer/Senior Procurement Executive,
    Chief Information Officer, and other line of business chiefs at
    the agency.''.
    SEC. 9. AGENCY PERFORMANCE IMPROVEMENT OFFICERS AND THE
    PERFORMANCE IMPROVEMENT COUNCIL.

    Chapter 11 of title 31, United States Code, is amended by adding
    after section 1123 (as added by section 8 of this Act) the following:
    ``Sec. 1124. Performance Improvement Officers and the Performance
    Improvement Council

    ``(a) Performance Improvement Officers.--
    ``(1) Establishment.--At each agency, the head of the
    agency, in consultation with the agency Chief Operating Officer,
    shall designate a senior executive of the agency as the agency
    Performance Improvement Officer.
    ``(2) Function.--Each Performance Improvement Officer shall
    report directly to the Chief Operating Officer. Subject to the
    direction of the Chief Operating Officer, each Performance
    Improvement Officer shall--

    [[Page 3879]]

    ``(A) advise and assist the head of the agency and
    the Chief Operating Officer to ensure that the mission
    and goals of the agency are achieved through strategic
    and performance planning, measurement, analysis, regular
    assessment of progress, and use of performance
    information to improve the results achieved;
    ``(B) advise the head of the agency and the Chief
    Operating Officer on the selection of agency goals,
    including opportunities to collaborate with other
    agencies on common goals;
    ``(C) assist the head of the agency and the Chief
    Operating Officer in overseeing the implementation of
    the agency strategic planning, performance planning, and
    reporting requirements provided under sections 1115
    through 1122 of this title and sections 306 of title 5,
    including the contributions of the agency to the Federal
    Government priority goals;
    ``(D) support the head of agency and the Chief
    Operating Officer in the conduct of regular reviews of
    agency performance, including at least quarterly reviews
    of progress achieved toward agency priority goals, if
    applicable;
    ``(E) assist the head of the agency and the Chief
    Operating Officer in the development and use within the
    agency of performance measures in personnel performance
    appraisals, and, as appropriate, other agency personnel
    and planning processes and assessments; and
    ``(F) <>
    ensure that agency progress toward the achievement of
    all goals is communicated to leaders, managers, and
    employees in the agency and Congress, and made available
    on a public website of the agency.

    ``(b) Performance Improvement Council.--
    ``(1) Establishment.--There is established a Performance
    Improvement Council, consisting of--
    ``(A) the Deputy Director for Management of the
    Office of Management and Budget, who shall act as
    chairperson of the Council;
    ``(B) the Performance Improvement Officer from each
    agency defined in section 901(b) of this title;
    ``(C) other Performance Improvement Officers as
    determined appropriate by the chairperson; and
    ``(D) other individuals as determined appropriate by
    the chairperson.
    ``(2) Function.--The Performance Improvement Council shall--
    ``(A) be convened by the chairperson or the designee
    of the chairperson, who shall preside at the meetings of
    the Performance Improvement Council, determine its
    agenda, direct its work, and establish and direct
    subgroups of the Performance Improvement Council, as
    appropriate, to deal with particular subject matters;
    ``(B) assist the Director of the Office of
    Management and Budget to improve the performance of the
    Federal Government and achieve the Federal Government
    priority goals;
    ``(C) assist the Director of the Office of
    Management and Budget in implementing the planning,
    reporting, and

    [[Page 3880]]

    use of performance information requirements related to
    the Federal Government priority goals provided under
    sections 1115, 1120, 1121, and 1122 of this title;
    ``(D) work to resolve specific Governmentwide or
    crosscutting performance issues, as necessary;
    ``(E) facilitate the exchange among agencies of
    practices that have led to performance improvements
    within specific programs, agencies, or across agencies;
    ``(F) coordinate with other interagency management
    councils;
    ``(G) seek advice and information as appropriate
    from nonmember agencies, particularly smaller agencies;
    ``(H) consider the performance improvement
    experiences of corporations, nonprofit organizations,
    foreign, State, and local governments, Government
    employees, public sector unions, and customers of
    Government services;
    ``(I) receive such assistance, information and
    advice from agencies as the Council may request, which
    agencies shall provide to the extent permitted by law;
    and
    ``(J) develop and submit to the Director of the
    Office of Management and Budget, or when appropriate to
    the President through the Director of the Office of
    Management and Budget, at times and in such formats as
    the chairperson may specify, recommendations to
    streamline and improve performance management policies
    and requirements.
    ``(3) Support.--
    ``(A) In general.--The Administrator of General
    Services shall provide administrative and other support
    for the Council to implement this section.
    ``(B) Personnel.--The heads of agencies with
    Performance Improvement Officers serving on the Council
    shall, as appropriate and to the extent permitted by
    law, provide at the request of the chairperson of the
    Performance Improvement Council up to 2 personnel
    authorizations to serve at the direction of the
    chairperson.''.
    SEC. 10. <>  FORMAT OF PERFORMANCE PLANS
    AND REPORTS.

    (a) Searchable, Machine-readable Plans and Reports.--For fiscal year
    2012 and each fiscal year thereafter, each agency required to produce
    strategic plans, performance plans, and performance updates in
    accordance with the amendments made by this Act shall--
    (1) not incur expenses for the printing of strategic plans,
    performance plans, and performance reports for release external
    to the agency, except when providing such documents to the
    Congress;
    (2) produce such plans and reports in searchable, machine-
    readable formats; and
    (3) <>  make such plans and reports
    available on the website described under section 1122 of title
    31, United States Code.

    (b) Web-based Performance Planning and Reporting.--
    (1) <>  In general.--Not later than June 1,
    2012, the Director of the Office of Management and Budget shall
    issue guidance to agencies to provide concise and timely
    performance information for publication on the website described
    under section

    [[Page 3881]]

    1122 of title 31, United States Code, including, at a minimum,
    all requirements of sections 1115 and 1116 of title 31, United
    States Code, except for section 1115(e).
    (2) High-priority goals.--For agencies required to develop
    agency priority goals under section 1120(b) of title 31, United
    States Code, the performance information required under this
    section shall be merged with the existing information required
    under section 1122 of title 31, United States Code.
    (3) Considerations.--In developing guidance under this
    subsection, the Director of the Office of Management and Budget
    shall take into consideration the experiences of agencies in
    making consolidated performance planning and reporting
    information available on the website as required under section
    1122 of title 31, United States Code.
    SEC. 11. REDUCING DUPLICATIVE AND OUTDATED AGENCY REPORTING.

    (a) Budget Contents.--Section 1105(a) of title 31, United States
    Code, is amended--
    (1) by redesignating second paragraph (33) as paragraph
    (35); and
    (2) by adding at the end the following:
    ``(37) the list of plans and reports, as provided for under
    section 1125, that agencies identified for elimination or
    consolidation because the plans and reports are determined
    outdated or duplicative of other required plans and reports.''.

    (b) Elimination of Unnecessary Agency Reporting.--Chapter 11 of
    title 31, United States Code, is further amended by adding after section
    1124 (as added by section 9 of this Act) the following:
    ``Sec. 1125. Elimination of unnecessary agency reporting

    ``(a) Agency Identification of Unnecessary Reports.--Annually, based
    on guidance provided by the Director of the Office of Management and
    Budget, the Chief Operating Officer at each agency shall--
    ``(1) compile a list that identifies all plans and reports
    the agency produces for Congress, in accordance with statutory
    requirements or as directed in congressional reports;
    ``(2) analyze the list compiled under paragraph (1),
    identify which plans and reports are outdated or duplicative of
    other required plans and reports, and refine the list to include
    only the plans and reports identified to be outdated or
    duplicative;
    ``(3) consult with the congressional committees that receive
    the plans and reports identified under paragraph (2) to
    determine whether those plans and reports are no longer useful
    to the committees and could be eliminated or consolidated with
    other plans and reports; and
    ``(4) provide a total count of plans and reports compiled
    under paragraph (1) and the list of outdated and duplicative
    reports identified under paragraph (2) to the Director of the
    Office of Management and Budget.

    ``(b) Plans and Reports.--
    ``(1) First year.--During the first year of implementation
    of this section, the list of plans and reports identified by
    each agency as outdated or duplicative shall be not less than 10

    [[Page 3882]]

    percent of all plans and reports identified under subsection
    (a)(1).
    ``(2) <>  Subsequent years.--In each
    year following the first year described under paragraph (1), the
    Director of the Office of Management and Budget shall determine
    the minimum percent of plans and reports to be identified as
    outdated or duplicative on each list of plans and reports.

    ``(c) Request for Elimination of Unnecessary Reports.--In addition
    to including the list of plans and reports determined to be outdated or
    duplicative by each agency in the budget of the United States
    Government, as provided by section 1105(a)(37), the Director of the
    Office of Management and Budget may concurrently submit to Congress
    legislation to eliminate or consolidate such plans and reports.''.
    SEC. 12. <>  PERFORMANCE
    MANAGEMENT SKILLS AND COMPETENCIES.

    (a) Performance Management Skills and Competencies.--Not later than
    1 year after the date of enactment of this Act, the Director of the
    Office of Personnel Management, in consultation with the Performance
    Improvement Council, shall identify the key skills and competencies
    needed by Federal Government personnel for developing goals, evaluating
    programs, and analyzing and using performance information for the
    purpose of improving Government efficiency and effectiveness.
    (b) Position Classifications.--Not later than 2 years after the date
    of enactment of this Act, based on the identifications under subsection
    (a), the Director of the Office of Personnel Management shall
    incorporate, as appropriate, such key skills and competencies into
    relevant position classifications.
    (c) Incorporation Into Existing Agency Training.--Not later than 2
    years after the enactment of this Act, the Director of the Office of
    Personnel Management shall work with each agency, as defined under
    section 306(f) of title 5, United States Code, to incorporate the key
    skills identified under subsection (a) into training for relevant
    employees at each agency.
    SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) The table of contents for chapter 3 of title 5, United States
    Code, is amended by striking the item relating to section 306 and
    inserting the following:

    ``306. Agency strategic plans.''.

    (b) The table of contents for chapter 11 of title 31, United States
    Code, is amended by striking the items relating to section 1115 and 1116
    and inserting the following:

    ``1115. Federal Government and agency performance plans.
    ``1116. Agency performance reporting.''.

    (c) The table of contents for chapter 11 of title 31, United States
    Code, is amended by adding at the end the following:

    ``1120. Federal Government and agency priority goals.
    ``1121. Quarterly priority progress reviews and use of performance
    information.
    ``1122. Transparency of programs, priority goals, and results.
    ``1123. Chief Operating Officers.
    ``1124. Performance Improvement Officers and the Performance Improvement
    Council.
    ``1125. Elimination of unnecessary agency reporting.''.

    [[Page 3883]]

    SEC. 14. <>  IMPLEMENTATION OF THIS ACT.

    (a) Interim Planning and Reporting.--
    (1) <>  In general.--The Director of
    the Office of Management and Budget shall coordinate with
    agencies to develop interim Federal Government priority goals
    and submit interim Federal Government performance plans
    consistent with the requirements of this Act beginning with the
    submission of the fiscal year 2013 Budget of the United States
    Government.
    (2) <>  Requirements.--Each agency shall--
    (A) not later than February 6, 2012, make
    adjustments to its strategic plan to make the plan
    consistent with the requirements of this Act;
    (B) <>  prepare and submit performance
    plans consistent with the requirements of this Act,
    including the identification of agency priority goals,
    beginning with the performance plan for fiscal year
    2013; and
    (C) make performance reporting updates consistent
    with the requirements of this Act beginning in fiscal
    year 2012.
    (3) Quarterly reviews.--The quarterly priority progress
    reviews required under this Act shall begin--
    (A) with the first full quarter beginning on or
    after the date of enactment of this Act for agencies
    based on the agency priority goals contained in the
    Analytical Perspectives volume of the Fiscal Year 2011
    Budget of the United States Government; and
    (B) with the quarter ending June 30, 2012 for the
    interim Federal Government priority goals.

    (b) Guidance.--The Director of the Office of Management and Budget
    shall prepare guidance for agencies in carrying out the interim planning
    and reporting activities required under subsection (a), in addition to
    other guidance as required for implementation of this Act.
    SEC. 15. <>  CONGRESSIONAL OVERSIGHT AND
    LEGISLATION.

    (a) In General.--Nothing in this Act shall be construed as limiting
    the ability of Congress to establish, amend, suspend, or annul a goal of
    the Federal Government or an agency.
    (b) GAO Reviews.--
    (1) Interim planning and reporting evaluation.--Not later
    than June 30, 2013, the Comptroller General shall submit a
    report to Congress that includes--
    (A) an evaluation of the implementation of the
    interim planning and reporting activities conducted
    under section 14 of this Act; and
    (B) any recommendations for improving implementation
    of this Act as determined appropriate.
    (2) Implementation evaluations.--
    (A) In general.--The Comptroller General shall
    evaluate the implementation of this Act subsequent to
    the interim planning and reporting activities evaluated
    in the report submitted to Congress under paragraph (1).
    (B) Agency implementation.--
    (i) Evaluations.--The Comptroller General
    shall evaluate how implementation of this Act is
    affecting performance management at the agencies
    described in section 901(b) of title 31, United
    States Code,

    [[Page 3884]]

    including whether performance management is being
    used by those agencies to improve the efficiency
    and effectiveness of agency programs.
    (ii) Reports.--The Comptroller General shall
    submit to Congress--
    (I) an initial report on the
    evaluation under clause (i), not later
    than September 30, 2015; and
    (II) a subsequent report on the
    evaluation under clause (i), not later
    than September 30, 2017.
    (C) Federal government planning and reporting
    implementation.--
    (i) Evaluations.--The Comptroller General
    shall evaluate the implementation of the Federal
    Government priority goals, Federal Government
    performance plans and related reporting required
    by this Act.
    (ii) Reports.--The Comptroller General shall
    submit to Congress--
    (I) an initial report on the
    evaluation under clause (i), not later
    than September 30, 2015; and
    (II) subsequent reports on the
    evaluation under clause (i), not later
    than September 30, 2017 and every 4
    years thereafter.
    (D) Recommendations.--The Comptroller General shall
    include in the reports required by subparagraphs (B) and
    (C) any recommendations for improving implementation of
    this Act and for streamlining the planning and reporting
    requirements of the Government Performance and Results
    Act of 1993.

    Approved January 4, 2011.

    LEGISLATIVE HISTORY--H.R. 2142:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-504 (Comm. on Oversight and Government Reform).
    SENATE REPORTS: No. 111-372 (Comm. on Homeland Security and Governmental
    Affairs).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    June 16, considered and passed House.
    Dec. 16, considered and passed Senate, amended.
    Dec. 17, House failed to concur in Senate amendment.
    Dec. 21, House concurred in Senate amendment.