69–006 

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’’. 


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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.’’. 


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(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— 


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1GAO, 2016 Annual Report: Additional Opportunities to Reduce Fragmentation, Overlap, and 

Duplication and Achieve Other Financial Benefits, GAO–16–375SP (Apr 13, 2016). 

‘‘(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. 

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. 


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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. 


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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 CommitVerDate Sep 11 2014 02:54 Dec 13, 2016 Jkt 069006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR853.XXX HR853

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tee’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 


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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 

øSEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF 

DUPLICATIVE GOVERNMENT PROGRAMS. 

øThe 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— 


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(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 

* * * * * * * 

§ 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; 

ø(2)¿ (4) identifying the units that are outstanding in those 

respects; and 

ø(3)¿ (5) identifying the employees whose personal efforts 

have caused their units to be outstanding in efficiency and 


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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 

* * * * * * * 

§ 720. Agency reports 

(a) In this section, ‘‘agency’’ means a department, agency, or instrumentality of the United States Government (except a mixedownership 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 

* * * * * * * 


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§ 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 


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(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. 


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(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; 


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ø(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; 

ø(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; 

ø(7)¿ (8) ‘‘outcome measure’’ means an assessment of the results of a program activity compared to its intended purpose; 

ø(8)¿ (9) ‘‘output measure’’ means the tabulation, calculation, 

or recording of activity or effort that can be expressed in a 

quantitative or qualitative manner; 

ø(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; 

ø(10)¿ (11) ‘‘performance indicator’’ means a particular value 

or characteristic used to measure output or outcome; 

ø(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; øand¿ 

ø(12)¿ (13) ‘‘program evaluation’’ means an assessment, 

through objective measurement and systematic analysis, of the 

manner and extent to which Federal programs achieve intended objectivesø.¿; 

(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. 

* * * * * * * 

§ 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 


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(v) real property managementø;¿. (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 øshall 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— 

ø(A)¿ (i) the Committees on Appropriations of the 

Senate and the House of Representatives; 

ø(B)¿ (ii) the Committees on the Budget of the Senate and the House of Representatives; 

ø(C)¿ (iii) the Committee on Homeland Security and 

Governmental Affairs of the Senate; 

ø(D)¿ (iv) the Committee on Oversight and Government Reform of the House of Representatives; 

ø(E)¿ (v) the Committee on Finance of the Senate; 

ø(F)¿ (vi) the Committee on Ways and Means of the 

House of Representatives; and 

ø(G)¿ (vii) any other committees as determined 

appropriateø;¿. 

(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 


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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. 

* * * * * * * 

§ 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; 

ø(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; 

ø(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 


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ø(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, øsuch 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 øother line of business 

chiefs at the agency.¿ heads of mission support functions 

at the agency and at the major components of the agency. 

§ 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. 


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(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; øand¿ 

(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 

requirementsø.¿; 

(K) establish a public website; and 


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(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. 

§ 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 øreports;¿ 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). 


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(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. 

* * * * * * * 

Æ 


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