89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–504 

GOVERNMENT EFFICIENCY, EFFECTIVENESS, AND 

PERFORMANCE IMPROVEMENT ACT OF 2010 

JUNE 14, 2010.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. TOWNS, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 2142] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 2142) to require the review of Government programs at least once every 5 years for purposes of assessing their performance and improving their operations, and to establish the Performance Improvement Council, having considered the 

same, report favorably thereon with amendments and recommend 

that the bill as amended do pass. 

CONTENTS 

Page 

Amendments ............................................................................................................ 2 

Purpose and Summary ............................................................................................ 10 

Background and Need for Legislation .................................................................... 10 

Legislative History .................................................................................................. 11 

Section-by-Section .................................................................................................... 11 

Explanation of Amendments ................................................................................... 16 

Committee Consideration ........................................................................................ 18 

Roll Call Votes ......................................................................................................... 18 

Application of Law to the Legislative Branch ....................................................... 20 

Statement of Oversight Findings and Recommendations of the Committee ...... 20 

Statement of General Performance Goals and Objectives .................................... 20 

Constitutional Authority Statement ...................................................................... 20 

Federal Advisory Committee Act ............................................................................ 20 


jbell on DSKDVH8Z91PROD with REPORTS
2 

Unfunded Mandate Statement ............................................................................... 20 

Earmark Identification ............................................................................................ 20 

Committee Estimate ................................................................................................ 21 

Budget Authority and Congressional Budget Office Cost Estimate .................... 21 

Changes in Existing Law Made by the Bill, as Reported ..................................... 22 

Minority Views ......................................................................................................... 32 

AMENDMENTS

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Government Efficiency, Effectiveness, and Performance Improvement Act of 2010’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

Sec. 3. Agency defined. 

Sec. 4. Sense of Congress regarding the need for increased consultation between Congress and Federal agencies 

on performance management issues. 

Sec. 5. Performance assessments. 

Sec. 6. Strategic planning amendments. 

Sec. 7. Improving Government performance. 

Sec. 8. Assessments and reports. 

Sec. 9. Additions to performance plan. 

SEC. 2. FINDINGS AND PURPOSES. 

(a) FINDINGS.—Congress finds the following: 

(1) Weaknesses in established management processes pertaining to the use of 

information about the performance of Federal agencies undermine the confidence of the American people in the Government and reduce the Federal Government’s ability to adequately address public needs. 

(2) To restore the confidence of the American people in its Government and 

to increase the Federal Government’s ability to adequately address vital public 

needs, the Federal Government must continually seek to improve the effectiveness, efficiency, and accountability of Federal programs. 

(3) With the passage of the Government Performance and Results Act of 1993, 

Congress directed the executive branch to seek improvements in the performance and accountability of Federal programs by having agencies focus on strategic objectives and annual results. 

(4) The requirements of the Government Performance and Results Act of 1993 

have produced an infrastructure of outcome-oriented strategic plans, performance measures, and accountability reporting that serve as a solid foundation for 

agencies working with Congress to achieve long-term strategic goals and improve the performance of Federal programs; use of those plans and reports to 

improve outcomes has, however, been limited. 

(5) Congressional policy making, spending decisions, and program oversight 

have been handicapped by insufficient attention to program performance and 

results. 

(6) While improvements have been made in the development of outcome-oriented strategic plans, performance measures, and accountability reporting for 

individual programs, progress is still needed to ensure that agency leaders, employees, and delivery partners regularly use performance information to improve the effectiveness and efficiency of government operations and to communicate performance information coherently and candidly to inform congressional 

decision-making in conducting program authorization, appropriation, and oversight. 

(7) Regular performance assessments, complemented by periodic assessments 

of Federal programs, provide critical information on whether programs are 

achieving specific performance objectives, help Congress and the executive 

branch identify the most pressing policy and program issues, and determine if 

specific legislative, operational, financial, or strategic reforms are needed to increase program effectiveness and efficiency. 

(8) Programs performing similar or duplicative functions within a single agency or across multiple agencies should be identified and their performance and 

results shared among all such programs to improve coordination or possible consolidation and, ultimately, performance and results. 

(9) The performance reporting requirements of the Government Performance 

and Results Act of 1993, along with individual performance and accountability 

reporting requirements contained in legislation, are in some cases redundant, 


jbell on DSKDVH8Z91PROD with REPORTS
3 

and steps should be taken to eliminate duplicative performance policies and to 

streamline outdated and unused reports. 

(b) PURPOSES.—The purposes of this Act are as follows: 

(1) To improve the Government Performance and Results Act of 1993 by implementing performance assessment processes that seek to assess Federal programs on a periodic basis with a particular focus on the following: 

(A) Identification by agency leaders of clear priorities and setting of outcome-focused, measurable, ambitious targets for those priorities. 

(B) Regular goal-focused, data driven performance assessments to measure progress and adjust strategies. 

(C) Accountability expectations that encourage managers to innovate, informed by evidence and analysis of experience. 

(D) Transparent, coherent, and candid communication of results. 

(2) To use relevant performance and related information to help agencies 

make informed management decisions, improve the effectiveness of agency and 

program operations (particularly for those programs, projects, and activities 

that are deemed poorly performing), and submit funding requests based on evidence and other relevant information. 

(3) To provide congressional policy makers with information needed to conduct more effective oversight and assist in the improvement of agency operations, and to make performance-informed and results-based authorization and 

appropriation decisions that improve the effectiveness of program operations. 

(4) To establish the Performance Improvement Council as a body that will assist in the development of performance measurement and management standards and assessment methodologies, identify best practices in Federal performance management, facilitate the exchange of information among agencies on 

these practices, and collaborate on and strengthen the effectiveness of agency 

performance improvement efforts. 

(5) To establish agency performance improvement officers to institutionalize 

and enhance the strategic and performance management activities of Federal 

agencies. 

SEC. 3. AGENCY DEFINED. 

In this Act, the term ‘‘agency’’ means an executive agency as defined in section 

306 of title 5, United States Code. 

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

ISSUES. 

It is the sense of Congress that the head of each Federal agency should make 

every effort to consult with the committees with jurisdiction over the agency and 

other interested members of Congress each fiscal year regarding the performance 

plan and priorities of the agency (required by sections 1115 and 1120 of title 31, 

United States Code). 

SEC. 5. PERFORMANCE ASSESSMENTS. 

(a) REQUIREMENT FOR PERFORMANCE ASSESSMENTS.—Chapter 11 of title 31, 

United States Code, is amended by adding at the end the following new section: 

‘‘§ 1120. Performance assessments 

‘‘(a) IDENTIFICATION OF HIGH-PRIORITY PERFORMANCE GOALS.—For the purpose of 

improving agency performance, the head of each Federal agency, in consultation 

with the Director of the Office of Management and Budget, shall identify near-term 

and long-term high-priority goals for purposes of this section. In identifying such 

goals, the head of the agency shall— 

‘‘(1) rely on the agency’s mission, strategic plan and objectives, and statutory 

directives; 

‘‘(2) consult with Congress, including each appropriate committee of Congress; 

‘‘(3) select goals that— 

‘‘(A) clearly identify agency priorities and have performance outcomes 

that can be clearly and objectively assessed and measured; 

‘‘(B) are ambitious targets that have high direct value to the public; 

‘‘(C) involve indicators for which the agency can collect reliable and timely data that may be used in performance assessments to measure progress 

and adjust strategies; and 

‘‘(D) involve multiple programs, including programs within and across 

multiple agencies that are performing similar functions, serve similar populations, have similar purposes, or share common objectives, for purposes of 

identifying common challenges, exemplary goals and practices, common 

measures of performance, and potential opportunities for more effective and 


jbell on DSKDVH8Z91PROD with REPORTS
4 

efficient means of achieving goals, including through the integration and 

consolidation of Federal functions; and 

‘‘(4) with respect to a subcomponent of the agency, ensure the goals are consistent with the goals of the entire agency. 

‘‘(b) PERFORMANCE ASSESSMENTS.—The head of each Federal agency, in consultation with the Director of the Office of Management and Budget, shall, not less often 

than quarterly for high-priority goals identified in subsection (a), and on a semi-annual basis for performance goals established pursuant to section 1115(a)(1) of this 

title— 

‘‘(1) assess progress toward achieving the goals identified under subsection (a) 

and toward achieving the annual performance goals for each program activity 

established pursuant to section 1115(a)(1) of this title; 

‘‘(2) assess whether relevant agency programs and initiatives are contributing 

as expected toward the goals identified under subsection (a) and the annual performance goals for each program activity established pursuant to section 

1115(a)(1) of this title; and 

‘‘(3) identify prospects and strategies for performance improvement, including 

any needed changes to agency programs or initiatives. 

‘‘(c) PERFORMANCE ASSESSMENT REQUIREMENTS.—In conducting an assessment of 

agency progress toward achieving the goals identified under subsection (a) and toward achieving the annual performance goals for each program activity established 

pursuant to section 1115(a)(1) of this title, the head of a Federal agency, in consultation with the Director of the Office of Management and Budget, shall— 

‘‘(1) coordinate with relevant personnel within and outside the agency who 

contribute to the accomplishment of the goals; and 

‘‘(2) encourage innovation and hold leaders and managers accountable for effective and efficient implementation based on evidence and continuing analysis 

of experience. 

‘‘(d) TRANSPARENCY OF GOALS AND PERFORMANCE ASSESSMENTS.—The Director of 

the Office of Management and Budget shall— 

‘‘(1) make available, as part of the President’s budget submission and through 

the Office of Management and Budget website and other relevant websites, and 

provide to the congressional committees described in subsection (i)— 

‘‘(A) a list of goals identified under subsection (a) and reviewed by the Director; 

‘‘(B) consistent with section 1115 of this title, annual goals defined by objectively measurable outcomes for each program administered in whole or 

in part by the agency; 

‘‘(C) the methods that will be used to make progress toward achieving the 

goals identified under subparagraphs (A) and (B); 

‘‘(D) the expected contribution that different agency programs and initiatives will make toward achieving the goals identified under subparagraphs 

(A) and (B) and the expected timeline for achieving those goals; and 

‘‘(E) the approach that will be used by agencies to assess progress toward 

achieving the goals identified under subparagraphs (A) and (B); 

‘‘(2) provide a mechanism for interested persons, including the general public 

and members and committees of Congress, to submit comments on the goals 

being assessed under subsection (a) and the annual performance goals for each 

program activity established pursuant to section 1115(a)(1) of this title and the 

methods that will be used to make progress toward achieving those goals; 

‘‘(3) provide a mechanism for agency delivery to and consideration of comments provided under paragraph (2) by each relevant agency and adjustment 

of goals under subsection (a) and the annual performance goals for each program activity established pursuant to section 1115(a)(1) of this title based on 

the comments, with approval of the Director; and 

‘‘(4) make available through the Office of Management and Budget website a 

summary of comments received under paragraph (2), any adjustment of goals 

under paragraph (3), and any changes to goals required by the Office of Management and Budget. 

‘‘(e) TRANSPARENCY OF PERFORMANCE RESULTS.—(1) The head of an agency shall 

ensure that all results of the assessments conducted under this section by the agency during a fiscal year shall be readily accessible to and easily found on the Internet 

by the public and members and committees of Congress in a searchable, machine 

readable format, in accordance with guidance provided by the Director of the Office 

of Management and Budget that ensures such information is provided in a way that 

presents a coherent picture of the performance of Federal agencies. At a minimum, 

the results of the assessments conducted under this section shall be available on the 

website of the Office of Management and Budget and also may be made available 

on any other website considered appropriate by the agency or the Director. The DiVerDate Mar 15 2010 05:10 Jun 15, 2010 Jkt 089008 PO 00000 Frm 00004 Fmt 6659 Sfmt 6621 E:\HR\OC\HR504.XXX HR504

jbell on DSKDVH8Z91PROD with REPORTS
5 

rector shall also notify the appropriate committees of Congress when quarterly assessments become available on the Internet. 

‘‘(2) The performance information related to the assessments of goals in this section and section 1115 of this title shall— 

‘‘(A) include— 

‘‘(i) a brief summary of the problem or opportunity being addressed and 

reasons for identifying these agency goals as well as key findings of the assessments; 

‘‘(ii) a list of each program and agency contributing to achievement of the 

goal and the time frame for such contributions; 

‘‘(iii) an assessment of the quality of the performance measures, and the 

extent to which necessary performance data are collected; 

‘‘(iv) a description of how leaders and managers are held accountable for 

achieving program results, and the extent to which strong financial management tools are in place; 

‘‘(v) contextual indicators that provide a sense of external factors that can 

influence performance trends related to key outcomes; 

‘‘(vi) as appropriate, indicators that provide information about the population being served and to the extent possible, the impact on disadvantaged 

and minority communities and individuals; 

‘‘(vii) factors affecting the performance of programs, projects, and activities and how they are impeding or contributing to failures or successes of 

the programs, projects, and activities, and the reasons for any substantial 

variation from the targeted level of achievement of the goals; 

‘‘(viii) the process used by the agency to assess progress made toward 

achieving the goals; and 

‘‘(ix) such other items and adjustments as may be specified by the Director; 

‘‘(B) describe the extent to which any trends, developments, or emerging conditions affect the need to change the mission of programs being carried out to 

achieve the goal; 

‘‘(C) identify, as part of any performance assessment, practices that resulted 

in positive outcomes, and the key reasons why such practices resulted in positive outcomes; and 

‘‘(D) include recommendations for actions to improve results, including opportunities that might exist for the coordination, consolidation, or integration of 

programs to improve service or generate cost savings. 

‘‘(3) The head of each agency shall— 

‘‘(A) use, as necessary and appropriate, a variety of assessment methods to 

support performance assessments, including methods contained in reports from 

evaluation centers, in assessments by States, and in available Federal program 

assessments; 

‘‘(B) maintain an archive of information required to be disclosed under this 

section that is, to the maximum extent practicable, readily available, accessible, 

and easily found by the public; and 

‘‘(C) consider the relevant comments submitted under subsection (d)(2). 

‘‘(f) CLASSIFIED INFORMATION.—(1) With respect to performance assessments conducted during a fiscal year that contain classified information, the President shall 

submit— 

‘‘(A) each quarterly performance assessment (including the classified information), to the appropriate committees of Congress; and 

‘‘(B) an appendix containing a list of each affected goal and the committees 

to which a copy of the performance assessment was submitted under subparagraph (A), to the congressional committees described in subsection (i). 

‘‘(2) Upon request from a congressional committee described in subsection (i), the 

Director of the Office of Management and Budget shall provide to the Committee 

a copy of— 

‘‘(A) any performance assessment described in subparagraph (A) of paragraph 

(1) (including any assessment not listed in any appendix submitted under subparagraph (B) of such paragraph); and 

‘‘(B) any appendix described in subparagraph (B) of paragraph (1). 

‘‘(3) In this subsection, the term ‘classified information’ refers to matters described 

in section 552(b)(1)(A) of title 5. 

‘‘(g) INHERENTLY GOVERNMENTAL FUNCTIONS.—The functions and activities authorized or required by this section shall be considered inherently governmental 

functions and shall be performed only by Federal employees. 

‘‘(h) REPORT STREAMLINING.—To eliminate redundancy, the head of an agency 

may determine each year, subject to the approval of the Director of the Office of 

Management and Budget and provided that it meets the requirements of this secVerDate Mar 15 2010 05:10 Jun 15, 2010 Jkt 089008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6621 E:\HR\OC\HR504.XXX HR504

jbell on DSKDVH8Z91PROD with REPORTS
6 

tion and sections 1115, 1116, 1117, 1121, and the first 9703 of this title, that the 

performance information provided to the public on the Internet is sufficient to meet 

the planning and reporting requirements of such sections. 

‘‘(i) CONGRESSIONAL COMMITTEES.—The congressional committees described in 

this subsection are the following: 

‘‘(1) The Committee on Oversight and Government Reform of the House of 

Representatives. 

‘‘(2) The Committee on Homeland Security and Governmental Affairs of the 

Senate. 

‘‘(3) The Committees on Appropriations of the House of Representatives and 

the Senate. 

‘‘(4) The Committees on the Budget of the House of Representatives and the 

Senate. 

‘‘(j) DEFINITIONS.—In this section: 

‘‘(1) AGENCY PERFORMANCE IMPROVEMENT OFFICER.—The term ‘agency performance improvement officer’ means a senior executive of an agency who is 

designated by the head of the agency, and reports to the head of the agency, 

the agency Deputy Secretary, or such other agency official designated by the 

head of the agency, to carry out the requirements of this section. 

‘‘(2) PERFORMANCE INFORMATION.—The term ‘performance information’ means 

the results of assessments conducted under this section.’’. 

(b) PERFORMANCE ASSESSMENTS TO BE CONSIDERED IN EVALUATING SENIOR EXECUTIVES.—Section 4313 of title 5, United States Code, is amended (in the matter 

before paragraph (1)) by striking ‘‘organizational performance,’’ and inserting the 

following: ‘‘organizational performance (including such reviews of agency performance, conducted under section 1120 of title 31, as are relevant),’’. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 11 

of title 31, United States Code, is amended by adding at the end the following: 

‘‘1120. Performance assessments.’’. 

SEC. 6. STRATEGIC PLANNING AMENDMENTS. 

(a) CHANGE IN DEADLINE FOR STRATEGIC PLAN.—Subsection (a) of section 306 of 

title 5, United States Code, is amended by striking ‘‘No later than September 30, 

1997,’’ and inserting ‘‘Not later than September 30 of the second year following a 

year in which an election for President occurs, beginning with September 30, 2010,’’. 

(b) CHANGE IN PERIOD OF COVERAGE OF STRATEGIC PLAN.—Subsection (b) of section 306 of title 5, United States Code, is amended to read as follows: 

‘‘(b) Each strategic plan shall cover the four-year period beginning on October 1 

of the second year following a year in which an election for President occurs.’’. 

SEC. 7. IMPROVING GOVERNMENT PERFORMANCE. 

(a) IMPROVING GOVERNMENT PERFORMANCE.—Chapter 11 of title 31, United States 

Code, as amended by section 5, is further amended by adding at the end the following new section: 

‘‘§ 1121. Improving Government performance 

‘‘(a) DUTIES OF AGENCY PERFORMANCE IMPROVEMENT OFFICERS.—Subject to the 

direction of the head of the agency, each agency performance improvement officer 

shall— 

‘‘(1) advise and assist the head of the executive agency and other agency officials to ensure that the mission of the executive agency is achieved through performance planning, measurement, analysis, and regular assessment of progress, 

including the requirements of this section and sections 1115, 1116, 1117, 1120, 

and the first 9703 of this title and section 306 of title 5; 

‘‘(2) advise the head of the agency on the selection of agency goals, including 

opportunities to collaborate with other agencies on common goals, and on 

whether— 

‘‘(A) the performance targets required under section 1115 of this title and 

the strategic plans required under section 306 of title 5 are— 

‘‘(i) sufficiently aggressive toward full achievement of the purposes of 

the agency; and 

‘‘(ii) realistic in light of authority and resources provided for operations; and 

‘‘(B) means for measurement of progress toward achievement of the goals 

are sufficiently rigorous, aligned to outcomes, useful, and accurate as appropriate to the intended use of the measures; 

‘‘(3) support the head of the agency, agency Deputy Secretary, or such other 

agency senior official designated by the head of the agency in the conduct of 

at least quarterly performance assessments, while strengthening the performVerDate Mar 15 2010 05:10 Jun 15, 2010 Jkt 089008 PO 00000 Frm 00006 Fmt 6659 Sfmt 6621 E:\HR\OC\HR504.XXX HR504

jbell on DSKDVH8Z91PROD with REPORTS
7 

ance management activities of the entire agency (including subcomponents) 

through at least quarterly performance assessments to— 

‘‘(A) assess progress toward achievement of the goals administered in 

whole or in part by the agency, as well as any goals common to that agency 

and other agencies; 

‘‘(B) identify factors affecting progress and benchmarking comparisons; 

‘‘(C) consider actions to improve the performance and efficiency of programs, projects, and activities; and 

‘‘(D) hold leaders and managers accountable for effective and efficient implementation and for adjusting agency actions based on evolving evidence; 

‘‘(4) assist the head of the agency in the development and use within the 

agency of performance measures in personnel performance appraisals, and, as 

appropriate, other agency personnel and planning processes and assessments; 

‘‘(5) assist the head of the agency in overseeing the implementation required 

under section 1120 of this title; 

‘‘(6) ensure that agency progress toward achievement of all goals is communicated to leaders, managers, and employees in the agency and Congress, and 

made public on the Internet; and 

‘‘(7) provide training for agency managers, program directors, supervisors, and 

employees on how to use performance targets, measure key performance indicators, assess programs, and analyze data to improve performance. 

‘‘(b) ESTABLISHMENT AND OPERATION OF PERFORMANCE IMPROVEMENT COUNCIL.— 

‘‘(1) There is established in the executive branch a Performance Improvement 

Council. 

‘‘(2) The Performance Improvement Council shall consist exclusively of— 

‘‘(A) the Deputy Director for Management of the Office of Management 

and Budget, who shall serve as Chair; 

‘‘(B) such agency performance improvement officers as determined appropriate by the Chair; and 

‘‘(C) such other permanent employees of an agency as determined appropriate by the Chair in consultation with the agency concerned. 

‘‘(3) The Chair or the Chair’s designee shall convene and preside at the meetings of the Performance Improvement Council, determine its agenda, direct its 

work, and establish and direct subgroups of the Performance Improvement 

Council, as appropriate to deal with particular subject matters. 

‘‘(4) To assist in implementing the requirements of sections 1105, 1115, 1116, 

1117, 1120, and the first 9703 of this title and section 306 of title 5, the Performance Improvement Council shall— 

‘‘(A) develop and submit to the Director of the Office of Management and 

Budget, or when appropriate to the President through the Director of the 

Office of Management and Budget, at times and in such formats as the 

Chair may specify, recommendations concerning— 

‘‘(i) performance management policies and requirements; 

‘‘(ii) criteria for assessment of program, project, and activity performance; and 

‘‘(iii) how the goals required by section 1120(a) of this title can inform 

the Federal Government performance plan required by section 

1105(a)(28) of this title, and lead to improved results from and interagency coordination of programs that perform similar functions; 

‘‘(B) facilitate the exchange among agencies of information on performance management, including strategic and annual planning and reporting, 

to accelerate improvements in performance; 

‘‘(C) monitor the performance assessment process required under section 

1120 of this title; 

‘‘(D) facilitate keeping members and committees of Congress and the public informed, and with such assistance of heads of agencies and agency performance improvement officers as the Director of the Office of Management 

and Budget may require, provide members and committees of Congress and 

the public with information on the Internet on how well each agency performs and that serves as a comprehensive source of information on— 

‘‘(i) agency strategic plans; 

‘‘(ii) annual performance plans and annual performance reports; 

‘‘(iii) performance information required under section 1120 (d) of this 

title; 

‘‘(iv) the status of the implementation of performance assessments required under section 1120 of this title; 

‘‘(v) relevant impact and process assessments; and 

‘‘(vi) consistent with the direction of the head of the agency concerned 

after consultation with the Director of the Office of Management and 


jbell on DSKDVH8Z91PROD with REPORTS
8 

Budget, any publicly available reports by the agency’s Inspector General concerning agency program performance; 

‘‘(E) monitor implementation by agencies of the policy set forth in sections 

1115, 1116, 1117, 1120, and the first 9703 of this title and section 306 of 

title 5 and report thereon from time to time as appropriate to the Director 

of the Office of Management and Budget, or when appropriate to the President through the Director of the Office of Management and Budget, at such 

times and in such formats as the Chair may specify, together with any recommendations of the Council for more effective implementation of such policy; 

‘‘(F) obtain information and advice, as appropriate, in a manner that 

seeks individual advice and does not involve collective judgment or consensus advice or deliberation, from— 

‘‘(i) State, local, territorial, and tribal officials; 

‘‘(ii) representatives of entities or other individuals; and 

‘‘(iii) members and committees of Congress; 

‘‘(G) coordinate with other interagency management councils; and 

‘‘(H) make recommendations to Congress on duplicative, unused, or outdated performance policies or reporting requirements. 

‘‘(5)(A) The Administrator of General Services shall provide administrative 

and other support for the Council to implement this section. 

‘‘(B) The heads of agencies shall provide, as appropriate and to the extent permitted by law, such information and assistance as the Chair may request to implement this section. 

‘‘(c) ADDITIONAL DUTIES OF THE COUNCIL.—The Council— 

‘‘(1) shall develop a website for Federal agency performance information; 

‘‘(2) shall link program performance information to program spending information on the website www.USASpending.gov; and 

‘‘(3) shall submit a report to Congress on the feasibility of creating a single 

web-based platform for all Government spending information and all program 

performance information.’’. 

(b) GUIDANCE.—Not later than 6 months after the date of the enactment of this 

Act, the Director of the Office of Management and Budget shall prescribe guidance 

to implement the requirements of section 1120 and 1121 of title 31, United States 

Code, as added by subsection (a). 

(c) CONFORMING AND CLERICAL AMENDMENTS.— 

(1) Section 1115(g) of title 31, United States Code, is amended by striking 

‘‘1119’’ and inserting ‘‘1121’’. 

(2) The table of sections at the beginning of chapter 11 of title 31, United 

States Code, is amended by adding at the end the following: 

‘‘1121. Improving Government performance.’’. 

SEC. 8. ASSESSMENTS AND REPORTS. 

(a) ASSESSMENTS.— 

(1) IN GENERAL.—No less frequently than the first, third, and fifth year after 

the date of the enactment of this Act, and thereafter every three years and at 

such other times as may be requested by Congress, the Comptroller General of 

the United States shall assess the implementation of this Act by the Director 

of the Office of Management and Budget and the agencies decribed in section 

901(b) of title 31, United States Code, with emphasis on the matters specified 

in paragraph (2). 

(2) MATTERS TO BE ASSESSED.—The matters to be assessed under paragraph 

(1) shall include, with respect to the fiscal year covered by the assessment: 

(A) Whether the selection of goals, identified pursuant to section 1120(a) 

of title 31, United States Code, as added by section 5, and established pursuant to section 1115 of such title, is tied to performance outcomes that can 

be objectively assessed and measured and have a high direct value to the 

public. 

(B) The use of agency performance goals and measures and program assessments to improve performance and ensure taxpayer dollars are spent 

in an efficient and effective manner, including the need to streamline or enhance Federal programs or initiatives to maximize the likelihood of accomplishing such performance goals. 

(C) The use of agency performance goals, identified pursuant to section 

1120(a) of title 31, United States Code, as added by section 5, and established pursuant to section 1115 of such title, and measures to clearly communicate performance priorities and results to the public. 

(D) How any revision of goals, identified pursuant to section 1120(a) of 

title 31, United States Code, as added by section 5, and established pursuVerDate Mar 15 2010 05:10 Jun 15, 2010 Jkt 089008 PO 00000 Frm 00008 Fmt 6659 Sfmt 6621 E:\HR\OC\HR504.XXX HR504

jbell on DSKDVH8Z91PROD with REPORTS
9 

ant to section 1115 of such title, has contributed to the effectiveness of 

agency and program performance. 

(E) The tracking of program performance toward achieving identified 

goals and the contribution of such tracking to agency performance improvement. 

(F) The use of input from Congress and the public in the assessment of 

programs and in the identification and assessment of goals. 

(G) The use of the archive of information referred to in section 

1120(e)(3)(B) of title 31, United States Code, to create a coherent, longitudinal picture of the performance of agencies and programs over time. 

(H) Best practices of agencies. 

(I) Whether the annual performance plan established pursuant to section 

1115 of title 31, United States Code, conforms with the requirements for 

such plans described in paragraphs (1) through (11) of section 1115(a) of 

such title. 

(J) The progress each agency has made in achieving the goals identified 

pursuant to section 1120(a) of title 31, United States Code, as added by section 5, and established pursuant to section 1115 of such title. 

(b) REPORTS.—The Comptroller General shall consult with the Inspectors General 

when evaluating program and agency performance and shall submit to Congress a 

report on the results of each assessment conducted under subsection (a). The report 

shall include a list of recommendations on ways to improve the performance assessment and communication process and the operations of agency performance improvement officers and the Performance Improvement Council. 

(c) EFFECTIVENESS ASSESSMENT.—With respect to the evaluation conducted under 

subsection (a) in the third year after the date of the enactment of this Act, the 

Comptroller General shall include in the report relating to such evaluation submitted to Congress under this section the following: 

(1) an assessment of the effectiveness of this Act, and the amendments made 

by this Act; 

(2) the impact of this Act on sections 1115, 1116, 1117, and the first 9703 of 

title 31, United States Code, and section 306 of title 5, United States Code; and 

(3) any recommendations for improving the effectiveness of sections 1115, 

1116, 1117, and the first 9703 of title 31, United States Code, and section 306 

of title 5, United States Code and reducing duplication. 

SEC. 9. ADDITIONS TO PERFORMANCE PLAN. 

Section 1115(a) of title 31, United States Code, is amended— 

(1) in paragraph (5), by striking ‘‘and’’; 

(2) in paragraph (6), by striking the period and inserting ‘‘; and’’; and 

(3) by inserting after paragraph (6) the following new paragraphs: 

‘‘(7) describe the existence and current scope of the problem that the program 

is intended to address, defined as an outcome that addresses the needs of the 

American people, not an input (such as staffing or resources expended) or an 

intermediate goal (such as teachers or police hired); 

‘‘(8) to the extent practicable, take into account the other efforts (if any) being 

made in Federal, State or local governments or the private sector to address the 

problem described under paragraph (7) and the relative cost-effectiveness of 

such efforts; 

‘‘(9) if the program is not new, describe the amount of funds expended in the 

previous year and state the progress made in the previous year toward solving 

the problem described under paragraph (7), including evidence of whether the 

problem is increasing, decreasing, or staying the same; 

‘‘(10) describe the specific level of improvement expected to be made toward 

addressing the problem described under paragraph (7); and 

‘‘(11) state the long-term goal for the program and when that goal is expected 

to be achieved or the problem described under paragraph (7) reduced to an acceptable level.’’. 

Amend the title so as to read: 

A bill to require quarterly performance assessments of Government programs 

for purposes of assessing agency performance and improvement, and to establish 

agency performance improvement officers and the Performance Improvement Council. 


jbell on DSKDVH8Z91PROD with REPORTS
10 

1P.L. 103–62. 

2Government Accountability Office, Government Performance: Lessions Learned for the Next 

Administration on Using Performance Information to Improve Results (GAO–08–1026T). 3Office of Management and Budget, Planning for the President’s Fiscal Year 2011 Budget and 

Performance Plans (June 11, 2009). 

PURPOSE AND SUMMARY

H.R. 2142 was introduced on April 28, 2009, by Rep. Henry 

Cuellar. H.R. 2142 improves the efficiency and accountability of 

federal agencies by requiring each agency to identify ambitious 

goals and assess progress toward achieving those goals. The bill 

strengthens the Government Performance and Results Act of 1993 

(GPRA) and codifies elements of an Executive Order on performance management. 

BACKGROUND AND NEED FOR LEGISLATION

GPRA was enacted in 1993 to ‘‘improve the confidence of the 

American people in the capability of the Federal Government, by 

systematically holding Federal agencies accountable for achieving 

program results.’’ 1 GPRA requires agencies to develop long-term 

strategic plans every five years and to annually develop and submit 

to Congress performance plans and performance reports. Agencies 

must develop annual goals for each program activity as part of 

their annual performance plans. 

Since the enactment of GPRA, every administration has undertaken initiatives to improve agency performance management. In 

2008, GAO made recommendations for the next administration on 

using performance information to improve results. GAO found that 

the administration should focus on ‘‘(1) adopting a more strategic 

and crosscutting approach to overseeing governmentwide performance; (2) improving the relevance of performance information to 

Congress; and (3) building agency confidence in assessments for 

use in decision making.’’ 2

On June 11, 2009, OMB Director Peter Orszag issued a memorandum to agency heads requiring agencies to identify high priority 

performance goals. In the memo, Director Orszag wrote, ‘‘[t]he 

American people deserve a government that works, where the public interest is prioritized, where the impact of government spending 

is transparent and held to high, objective standards, and where results and good management matter.’’ 3

H.R. 2142 enhances GPRA by requiring agencies to identify high 

priority goals for the agency that cut across agency programs. The 

bill also strengthens GPRA by requiring agencies to perform frequent evaluations of progress toward achieving those goals. The bill 

improves Congressional and public input by requiring OMB and 

agencies to consider comments submitted by Congress and the public on the goals selected by agencies and the methods agencies plan 

to use to meet those goals. The legislation makes agency performance management efforts more transparent by requiring agencies 

to make performance assessment results publicly available on the 

Internet. 

H.R. 2142 changes the deadline for strategic plans under GPRA 

to align with the 4-year presidential term rather than the current 

5-year scheme. The Government Accountability Office has long recVerDate Mar 15 2010 05:10 Jun 15, 2010 Jkt 089008 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR504.XXX HR504

jbell on DSKDVH8Z91PROD with REPORTS
11 

4Government Accountability Office, Results-Oriented Government: GPRA Has Established a 

solid Foundation for Achieving Greater Results, 8 (Mar. 2004) (GAO–04–38). 

ommended this adjustment to the timing of strategic plans. GAO 

stated in a 2004 report: 

A strategic plan should reflect the policy priorities of an 

organization’s leaders and the input of key stakeholders if 

it is to be an effective management tool. However, GPRA 

specifies timeframes for updating strategic plans that do 

not correspond to presidential or congressional terms. As 

a result, an agency may be required to update its strategic 

plan a year before a presidential election and without 

input from a new Congress. If a new president is elected, 

the updated plan is essentially moot and agencies must 

spend additional time and effort revising it to reflect new 

priorities. Our focus group participants, including GPRA 

experts, strongly agreed that this timing issue should be 

addressed by adjusting time frames to correspond better 

with presidential and congressional terms.4

The bill also requires each agency to designate a Performance 

Improvement Officer and creates a Performance Improvement 

Council. These were both elements of Executive Order 13450 issued 

by President Bush on November 13, 2007. 

H.R. 2142 holds agencies accountable by requiring agencies to 

make performance assessment information publicly available and 

by requiring the Government Accountability Office to perform frequent and detailed evaluations of agency implementation of this 

legislation. 

LEGISLATIVE HISTORY

H.R. 2142 was introduced on April 28, 2009, and referred to the 

Committee on Oversight and Government Reform. The legislation 

was discussed during a hearing of the Subcommittee on Government Management, Organization, and Procurement held on April 

13, 2010, titled ‘‘Oversight of Federal Financial Management.’’ The 

Subcommittee considered H.R. 2142 on May 12, 2010, and forwarded the bill to the full Committee by voice vote. The full Committee considered H.R. 2142 on May 20, 2010, and ordered the bill 

reported favorably, as amended, by voice vote. 

SECTION-BY-SECTION

Section 1. Short title; table of contents 

This section provides that the short title of H.R. 2142 is the 

‘‘Government Efficiency, Effectiveness, and Performance Improvement Act of 2010.’’ 

This section also lists the table of contents. 

Section 2. Findings and purposes 

This section provides findings including that regular performance 

assessments, complemented by periodic assessments of federal programs, provide critical information on whether programs are 

achieving specific performance objectives. 


jbell on DSKDVH8Z91PROD with REPORTS
12 

This section also provides the purposes of the legislation including providing congressional policy makers with information needed 

to conduct more efficient oversight and assist in the improvement 

of agency operations and to make performance-informed and results-based authorization and appropriation decisions that improve 

the effectiveness of program operations. 

Section 3. Agency defined 

This section defines agency as it is defined in the Government 

Performance and Results Act which is an Executive agency under 

section 105 of title 5 but not including the Central Intelligence 

Agency, the Government Accountability Office, the Panama Canal 

Commission, the United States Postal Service, and the Postal Regulatory Commission. 

The Cuellar amendment adopted during consideration by the 

Subcommittee made the definition of agency consistent with the existing definition in GPRA. 

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

This section provides a sense of the Congress that each agency 

head should make every effort to consult with relevant committees 

of Congress each fiscal year regarding the performance plan and 

priorities of the agency required by GPRA. 

Section 5. Performance assessments 

Subsection (a) amends GPRA to add a new section 1120. 

As introduced, this section would require each agency, to the 

maximum extent practicable, to assess each of its programs at least 

once every five years. Agencies would have to collaborate with 

OMB in establishing assessment teams to evaluate programs. 

This section was amended during Committee consideration to 

focus agency efforts on high priority goals that cut across agency 

programs. 

Subsection (a) of the new section 1120 would require the head of 

each agency, in consultation with the Director of the Office of Management and Budget (OMB), to identify near-term and long-term 

high priority goals for the agency. This subsection provides a number of criteria the head of the agency must use in selecting goals. 

For example, the head of the agency must select goals that have 

performance outcomes that can be clearly and objectively assessed 

and measured. The Committee intends for agencies to select ambitious goals that push the agency to improve performance. 

Subsection (b) requires the head of each agency, in consultation 

with the Director of OMB, to assess progress toward achieving the 

high priority goals required by subsection (a) at least once a quarter. This subsection also requires agencies to assess progress toward achieving the annual performance goals required under 

GPRA at least twice a year. The Issa amendment that was adopted 

during full committee consideration added this increase in required 

assessments for annual goals required by section 1115 of GPRA as 

well as other requirements for annual goals found throughout this 

section. Agencies also must assess whether relevant programs and 

initiatives are contributing as expected toward those high priority 


jbell on DSKDVH8Z91PROD with REPORTS
13 

and annual goals and agencies must identity strategies for improving performance. 

Subsection (c) directs the head of each agency, in consultation 

with the Director of OMB, to coordinate with relevant personnel 

within and outside the agency who contribute to the accomplishment of goals and to encourage innovation and hold leaders accountable for implementing high priority and annual program 

goals. 

Subsection (d) requires the Director of OMB to make available 

with the President’s budget and on OMB’s website, a list of the 

high priority goals required under subsection (a) and a list of annual goals for each agency program consistent with section 1115 of 

GPRA. OMB must also provide the methods that will be used by 

agencies to make progress toward achieving those goals, the expected contribution of various agency programs toward achieving 

goals, and the expected timeline for achieving the goals. OMB is 

also required to provide the approach agencies will use to assess 

progress toward achieving their high priority and annual program 

goals. The intent of this provision is for OMB to provide a clear and 

detailed explanation of the method agencies will use to assess 

progress. Under subsection (e), agencies must consider the comments received under this subsection. 

This subsection also requires OMB to provide a way for members 

of the public and members of Congress to submit comments on the 

high priority goals required under subsection (a), the annual goals 

required by GPRA, and the methods each agency will use to make 

progress toward achieving those goals. OMB must provide a way 

for agencies to adjust their goals based on those comments. As 

added by the Cuellar amendment adopted by the full Committee, 

OMB must also disclose on its website a summary of the comments 

received and any changes made to agency goals including any 

changes made at the direction of OMB. These requirements are intended to improve the transparency of the process. 

Subsection (e) requires the head of each agency to make the results of the agency’s assessments accessible on the Internet in a 

searchable, machine readable format in accordance with OMB 

guidance. At a minimum, assessment results must be made available through OMB’s website. The Director of OMB is required to 

notify the appropriate committees of Congress when the quarterly 

assessments of high priority goals become available on the Internet. 

This subsection requires that the performance information for 

high priority and annual program goals include certain information. For example, agencies must include a brief summary of the 

problem or opportunity being addressed and the reasons for identifying these agency goals. Agencies must include indicators that 

provide information about the population being served and, as 

added by the Chu amendment, to the extent possible, the impact 

on disadvantaged and minority communities and individuals. 

Among other factors, agencies must also include the process used 

by the agency to assess progress made toward achieving the goals. 

Agencies must also include in their performance information: a 

description of the extent to which any trends, developments, or 

emerging conditions affect the need to change the mission of programs being carried out to achieve the goal; practices that resulted 


jbell on DSKDVH8Z91PROD with REPORTS
14 

in positive outcomes and the key reasons for those positive outcomes; and recommendations for actions to improve results. 

The head of each agency is required, under this subsection, to 

use, as necessary and appropriate, a variety of assessment methods 

and to maintain an archive of the information that is required to 

be disclosed under this subsection. Agencies are required to make 

previous performance results available to allow performance information to be compared over a period of time. Agencies are also required to consider the public comments submitted under subsection 

(d). 

Subsection (f) provides that for performance assessments that 

contain classified information, the President must submit each 

quarterly performance assessment to the appropriate committees of 

Congress and an appendix with a list of each affected goal and the 

committees which received the performance assessments to the 

House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, 

the House and Senate Appropriations Committees, and the House 

and Senate Budget Committees. The Director of OMB, upon request from one of those committees, is required to provide a copy 

of any performance assessment and appendix. 

Subsection (g) clarifies that the functions and activities authorized or required under this section are considered inherently governmental functions and shall only be performed by federal employees. 

Subsection (h) authorizes agency heads, subject to OMB approval, to determine each year that the reporting requirements of 

this section also meet the annual reporting requirements of GPRA. 

This subsection was added by the Cuellar amendment during full 

Committee consideration to allow agencies to avoid unnecessarily 

redundant efforts. 

Subsection (j) includes the following definitions: ‘‘agency performance improvement officer’’ means a senior executive of an agency 

who is designated by the head of the agency, and reports to the 

head of the agency, the agency Deputy Secretary, or such other 

agency official designated by the head of the agency, to carry out 

the requirements of this section; and ‘‘performance information’’ 

means the results of assessments conducted under this section. 

Section 5(b) was added by the Chaffetz amendment during full 

committee consideration. This subsection provides that relevant reviews of agency performance, conducted under section 1120 (as 

added by this section), may be a criteria included in the performance appraisals for employees in the Senior Executive Service 

(SES). SES performance appraisals already must include considerations of organizational performance and the intent of this subsection is to clarify that any such consideration may include the 

relevant performance information for the agency added by this Act. 

Section 5(c) makes a clerical amendment to add the new section 

1120 to the table of contents at the beginning of chapter 11 of title 

31. 

Section 6. Strategic planning amendments 

Subsection (a) amends GPRA to require the strategic plans required by GPRA to be filed two years after a presidential election 

year starting with September 30, 2010. 


jbell on DSKDVH8Z91PROD with REPORTS
15 

Subsection (b) changes the deadline for strategic plans under 

GPRA to align with the 4-year presidential term rather than the 

current 5-year scheme. 

Section 7. Improving Government performance 

Subsection (a) amends GPRA to add a new section 1121. 

Subsection (a) of the new section 1121 requires that each agency 

designate an agency improvement officer and identifies the duties 

of agency improvement officers. This subsection codifies language 

from Executive Order 13450, issued by President Bush. 

The duties of agency improvement officers include advising and 

assisting the head of the agency and other agency officials to effectively use performance planning, measurement, analysis, and regular progress assessments. The performance improvement officer is 

also responsible for such duties as advising the head of the agency 

on the selection of goals, the means for measuring progress toward 

meeting goals, and helping conduct quarterly performance assessments. 

Subsection (b) codifies another element of EO 13450 which is the 

establishment of a Performance Improvement Council. Under this 

subsection, the Performance Improvement Council will be chaired 

by OMB’s Deputy Director for Management. Other members will 

include agency performance improvement officers and other agency 

employees determined appropriate by the Chair. 

The Performance Improvement Council is required to provide the 

Director of OMB recommendations on performance management 

policies and requirements, criteria for performance assessments, 

and how goals can improve coordination and results for programs 

that perform similar functions. The Performance Improvement 

Council is also required to perform a number of other functions including facilitating the exchange of information across agencies on 

performance management, monitoring the performance assessment 

process required under section 1120 and keeping members and 

committees of Congress and the public informed. 

Subsection (c) was added during full committee consideration by 

the Issa amendment. It requires the Performance Improvement 

Council to develop a website for federal agency performance information. It also requires the Council to link program performance 

information to program spending information on the website 

www.USASpending.gov and to report to Congress on the feasibility 

of creating a web-based platform for all government spending information and all program performance information. 

Section 6(b) requires the Director of OMB to prescribe guidance 

to implement the requirements of sections 1120 and 1121 as added 

by sections 5 and 6 of this legislation. 

Section 6(c) makes conforming amendments to title 31 to add the 

new section 1121 to the table of contents. 

Section 8: Assessment and reports 

Subsection (a) requires the Comptroller General to assess implementation of the Act the first, third, and fifth year after enactment 

and then every three years for OMB and the agencies covered by 

the Chief Financial Officers Act. GAO is required to include numerous specific matters in its evaluation such as whether the selection 

of high priority goals and annual program goals is tied to performVerDate Mar 15 2010 05:10 Jun 15, 2010 Jkt 089008 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR504.XXX HR504

jbell on DSKDVH8Z91PROD with REPORTS
16 

ance outcomes that can be objectively assessed and measured and 

have a high direct value to the public, the use of agency performance goals and measures and program assessments to improve performance and ensure taxpayer dollars are spent in an efficient and 

effective manner, and the use of agency performance goals and 

measures to clearly communicate performance priorities and results to the public. 

Subsection (b) requires the Comptroller General to consult with 

the Inspectors General when evaluating program and agency performance. This consultation requirement was added by the Issa 

amendment. The Comptroller General must also report to Congress 

on the results of each assessment conducted under subsection (a) 

including recommendations on ways to improve the performance 

assessment and communication process and the operations of agency performance improvement officers and the Performance Improvement Council. 

Subsection (c) requires the Comptroller General to include in the 

evaluation conducted three years after enactment an assessment of 

the effectiveness of this Act and the amendments made by this Act, 

the impact of the Act on GPRA, and any recommendations for improving the effectiveness of GPRA. 

Section 9: Additions to performance plan 

This section was added by the Issa amendment. It requires agencies to address additional elements in their annual performance 

plans. Under this section, agencies must: (1) describe the existence 

and current scope of the problem that the program is intended to 

address, defined as an outcome that addresses the needs of the 

American people (not an input or an intermediate goal); (2) to the 

extent practicable, take into account other government or private 

sector efforts to address the problem and the cost-effectiveness of 

such efforts; (3) if the program is not new, describe the funds expended in the previous year and state the progress made during 

that time toward solving the problem; (4) describe the specific level 

of improvement expected to be made toward addressing the identified problem; and (5) state the long-term goal for the program and 

when it is expected to be achieved or the problem reduced to an 

acceptable level. 

EXPLANATION OF AMENDMENTS

Rep. Cuellar offered a substitute amendment when H.R. 2142 

was considered by the Subcommittee on Government Management, 

Organization, and Procurement that was adopted by a voice vote. 

The Cuellar amendment made a number of changes to the bill. 

These changes include requiring each agency, in consultation with 

OMB, to identify high priority goals with performance outcomes 

that can be clearly and objectively reviewed and measured and that 

have high direct value to the public. The Cuellar amendment requires agencies to review progress toward meeting those goals at 

least once each quarter. The amendment requires OMB to make 

available with the President’s budget each year a list of agency 

goals and the approach to be used by agencies to review progress 

toward achieving those goals. OMB must also provide a way for 

Congress and the public to comment on the goals to be reviewed 

and methods each agency plans to use. The amendment requires 


jbell on DSKDVH8Z91PROD with REPORTS
17 

agencies to make the results of performance reviews publicly available on the Internet. The Cuellar amendment requires GAO, or, as 

appropriate, an agency’s Inspector General, to evaluate implementation of the bill at least as often as the first, third, and fifth years 

after enactment. 

During the full Committee’s consideration of the bill, Rep. 

Cuellar offered another substitute amendment that was adopted by 

a voice vote. This amendment made further changes to the bill including requiring agencies to set annual goals with objectively 

measurable outcomes for each agency program in addition to the 

high priority goals required by the bill as amended in Subcommittee. The amendment clarifies that agencies must consider 

public comments received on the agency’s high priority and annual 

goals. Under the amendment, agencies are required to assess 

whether relevant agency programs and initiatives are contributing 

to the achievement of goals. The amendment clarifies the impact 

of the bill on GPRA’s reporting requirements and requires GAO to 

evaluate the effectiveness of the Act, its impact on GPRA, and any 

recommendations for improving the effectiveness of GPRA and reducing duplication. Additionally, the Cuellar amendment only requires GAO to evaluate implementation of the bill by OMB and 

larger agencies. 

Rep. Issa offered an amendment, adopted by a voice vote, to: 

amend GPRA to require agencies to address additional elements in 

their annual performance plans; require agencies to perform semiannual assessments of the annual goals required under GPRA; require each agency to make performance assessment information for 

annual goals available in the same manner as for the high priority 

goals required by section 5(a) of the bill; require the Performance 

Improvement Council to perform additional duties including developing a website for federal agency performance information, linking 

program performance information to program spending information, and submitting a report to Congress on the feasibility of creating a single web-based platform for all government spending information and all program performance information. The Issa 

amendment also requires GAO to consult with the Inspectors General when evaluating program and agency performance. 

Rep. Chu offered an amendment, passed by a voice vote, requiring agencies to provide, to the extent possible, information on the 

impact of agency initiatives on disadvantaged and minority communities and individuals. 

Rep. Chaffetz offered an amendment, passed by a voice vote, providing that relevant reviews of agency performance may be a criterion included in the performance appraisals for employees in the 

Senior Executive Service. 

Rep. Schock offered an amendment to create a Federal Program 

Sunset Commission. The Commission would create a schedule for 

reviewing federal programs. Each federal program would be abolished within one year after the Commission completes its review 

unless the federal program is reauthorized by Congress. The 

Schock amendment was rejected by a roll call vote of 11–17. 


jbell on DSKDVH8Z91PROD with REPORTS
18 

COMMITTEE CONSIDERATION

On Thursday, May 20, 2010, the Committee met in open markup 

session and ordered that H.R. 2142 be reported favorably to the 

House, as amended, by a voice vote. 

ROLL CALL VOTES


jbell on DSKDVH8Z91PROD with REPORTS
19 


jbell on DSKDVH8Z91PROD with REPORTSInsert graphic folio 20 here HR504.001
20 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to terms and conditions of employment or access to public 

services and accommodations. 

H.R. 2142 requires executive branch agencies to perform performance assessments and other actions to improve performance 

management. The bill does not relate to the terms and conditions 

of employment or access to public services and accommodations. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report including the need to improve 

agency performance management efforts and the transparency of 

agency performance assessments. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report, including improving the efficiency and accountability of federal agencies and providing Congress and the public information about agency performance. 

CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the Rules of the House of 

Representatives, the Committee must include a statement citing 

the specific powers granted to Congress to enact the law proposed 

by H.R. 2142. Article I, Section 8, Clause 18 of the Constitution of 

the United States grants the Congress the power to enact this law. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

meaning of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement on whether the 

provisions of the report include unfunded mandates. In compliance 

with this requirement the Committee has received a letter from the 

Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

H.R. 2142 does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(e), 9(f), 

or 9(g) of rule XXI. 


jbell on DSKDVH8Z91PROD with REPORTS
21 

COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 

2142. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its 

report a timely submitted cost estimate of the bill prepared by the 

Director of the Congressional Budget Office under section 402 of 

the Congressional Budget Act. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the 

Committee has received the following cost estimate for H.R. 2142 

from the Director of the Congressional Budget Office: 

JUNE 7, 2010. 

Hon. EDOLPHUS TOWNS, 

Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2142, the Government Efficiency, Effectiveness, and Performance Improvement Act of 2010. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 2142—Government Efficiency, Effectiveness, and Performance 

Improvement Act of 2010 

H.R. 2142 would require federal agencies to expand their efforts 

to evaluate the effectiveness of all federal programs by adding to 

the requirements under the Government Performance and Results 

Act of 1993 (GPRA), which requires federal agencies to define their 

mission and evaluate their performance. CBO estimates that implementing the new performance evaluation requirements would cost 

about $150 million over the 2011–2015 period, subject to appropriation of the necessary funds. Enacting H.R. 2142 would not affect 

direct spending or revenues; therefore, pay-as-you-go procedures 

would not apply. 

The bill would require federal agencies to: identify and assess 

their goals; submit strategic plans; designate agency improvement 

officers within each agency; establish a performance improvement 

council; impose additional reporting requirements for each agency’s 

annual plan; and require several reports to the Congress from the 

Government Accountability Office regarding the evaluation of federal programs. 

H.R. 2142 would expand the current performance requirements 

for federal programs as established under GPRA and other federal 


jbell on DSKDVH8Z91PROD with REPORTS
22 

statutes, policies, and executive orders related to the evaluation of 

such programs. For many agencies, making the revisions to those 

practices that would be required by the bill would have a small effect on their budgets. For agencies that find deficiencies in their 

current practices, there could be more significant costs to evaluate 

and review their performance. The President’s budget for fiscal year 2011 requests $100 million 

for 17 agencies to conduct evaluations of their performance similar 

to those that would be required under H.R. 2142. Additional costs 

under the bill would depend on how extensively agencies have already embraced performance evaluation and on the emphasis this 

effort would place on specific agencies’ programs. In total, CBO estimates that completing the required program evaluation for all 

major federal agencies (the 24 agencies and departments that employ a chief financial officer) would cost about $150 million over the 

next five years. 

Finally, implementing H.R. 2142 could lead to more effective 

management of government agencies at a lower cost. Any such savings would depend on amounts provided in future appropriation 

acts. 

H.R. 2142 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was approved by Theresa Gullo, Deputy Assistant 

Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

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

TITLE 31, UNITED STATES CODE 

* * * * * * * 

SUBTITLE II—THE BUDGET PROCESS 

* * * * * * * 

CHAPTER 11—THE BUDGET AND FISCAL, BUDGET, AND 

PROGRAM INFORMATION 

Sec 

1101. Definitions. 

* * * * * * * 

1120. Performance assessments. 

1121. Improving Government performance. 

* * * * * * * 

§ 1115. Performance plans 

(a) In carrying out the provisions of section 1105(a)(28), the Director of the Office of Management and Budget shall require each 

agency to prepare an annual performance plan covering each proVerDate Mar 15 2010 05:10 Jun 15, 2010 Jkt 089008 PO 00000 Frm 00022 Fmt 6659 Sfmt 6601 E:\HR\OC\HR504.XXX HR504

jbell on DSKDVH8Z91PROD with REPORTS
23 

gram activity set forth in the budget of such agency. Such plan 

shall— 

(1) * * * 

* * * * * * * 

(5) provide a basis for comparing actual program results with 

the established performance goals; øand¿ 

(6) describe the means to be used to verify and validate 

measured valuesø.¿; and 

(7) describe the existence and current scope of the problem 

that the program is intended to address, defined as an outcome 

that addresses the needs of the American people, not an input 

(such as staffing or resources expended) or an intermediate goal 

(such as teachers or police hired); 

(8) to the extent practicable, take into account the other efforts 

(if any) being made in Federal, State or local governments or 

the private sector to address the problem described under paragraph (7) and the relative cost-effectiveness of such efforts; 

(9) if the program is not new, describe the amount of funds 

expended in the previous year and state the progress made in 

the previous year toward solving the problem described under 

paragraph (7), including evidence of whether the problem is increasing, decreasing, or staying the same; 

(10) describe the specific level of improvement expected to be 

made toward addressing the problem described under paragraph (7); and 

(11) state the long-term goal for the program and when that 

goal is expected to be achieved or the problem described under 

paragraph (7) reduced to an acceptable level. 

* * * * * * * 

(g) For purposes of this section and sections 1116 through ø1119¿ 

1121, and sections 9703 and 9704 the term— 

(1) * * * 

* * * * * * * 

§ 1120. Performance assessments 

(a) IDENTIFICATION OF HIGH-PRIORITY PERFORMANCE GOALS.— 

For the purpose of improving agency performance, the head of each 

Federal agency, in consultation with the Director of the Office of 

Management and Budget, shall identify near-term and long-term 

high-priority goals for purposes of this section. In identifying such 

goals, the head of the agency shall— 

(1) rely on the agency’s mission, strategic plan and objectives, 

and statutory directives; 

(2) consult with Congress, including each appropriate committee of Congress; 

(3) select goals that— 

(A) clearly identify agency priorities and have performance outcomes that can be clearly and objectively assessed 

and measured; 

(B) are ambitious targets that have high direct value to 

the public; 


jbell on DSKDVH8Z91PROD with REPORTS
24 

(C) involve indicators for which the agency can collect reliable and timely data that may be used in performance assessments to measure progress and adjust strategies; and 

(D) involve multiple programs, including programs within and across multiple agencies that are performing similar 

functions, serve similar populations, have similar purposes, 

or share common objectives, for purposes of identifying 

common challenges, exemplary goals and practices, common measures of performance, and potential opportunities 

for more effective and efficient means of achieving goals, including through the integration and consolidation of Federal functions; and 

(4) with respect to a subcomponent of the agency, ensure the 

goals are consistent with the goals of the entire agency. 

(b) PERFORMANCE ASSESSMENTS.—The head of each Federal 

agency, in consultation with the Director of the Office of Management and Budget, shall, not less often than quarterly for high-priority goals identified in subsection (a), and on a semi-annual basis 

for performance goals established pursuant to section 1115(a)(1) of 

this title— 

(1) assess progress toward achieving the goals identified 

under subsection (a) and toward achieving the annual performance goals for each program activity established pursuant to 

section 1115(a)(1) of this title; 

(2) assess whether relevant agency programs and initiatives 

are contributing as expected toward the goals identified under 

subsection (a) and the annual performance goals for each program activity established pursuant to section 1115(a)(1) of this 

title; and 

(3) identify prospects and strategies for performance improvement, including any needed changes to agency programs or initiatives. 

(c) PERFORMANCE ASSESSMENT REQUIREMENTS.—In conducting 

an assessment of agency progress toward achieving the goals identified under subsection (a) and toward achieving the annual performance goals for each program activity established pursuant to section 

1115(a)(1) of this title, the head of a Federal agency, in consultation 

with the Director of the Office of Management and Budget, shall— 

(1) coordinate with relevant personnel within and outside the 

agency who contribute to the accomplishment of the goals; and 

(2) encourage innovation and hold leaders and managers accountable for effective and efficient implementation based on 

evidence and continuing analysis of experience. 

(d) TRANSPARENCY OF GOALS AND PERFORMANCE ASSESSMENTS.—The Director of the Office of Management and Budget 

shall— 

(1) make available, as part of the President’s budget submission and through the Office of Management and Budget website 

and other relevant websites, and provide to the congressional 

committees described in subsection (i)— 

(A) a list of goals identified under subsection (a) and reviewed by the Director; 

(B) consistent with section 1115 of this title, annual goals 

defined by objectively measurable outcomes for each program administered in whole or in part by the agency; 


jbell on DSKDVH8Z91PROD with REPORTS
25 

(C) the methods that will be used to make progress toward achieving the goals identified under subparagraphs 

(A) and (B); 

(D) the expected contribution that different agency programs and initiatives will make toward achieving the goals 

identified under subparagraphs (A) and (B) and the expected timeline for achieving those goals; and 

(E) the approach that will be used by agencies to assess 

progress toward achieving the goals identified under subparagraphs (A) and (B); 

(2) provide a mechanism for interested persons, including the 

general public and members and committees of Congress, to 

submit comments on the goals being assessed under subsection 

(a) and the annual performance goals for each program activity 

established pursuant to section 1115(a)(1) of this title and the 

methods that will be used to make progress toward achieving 

those goals; 

(3) provide a mechanism for agency delivery to and consideration of comments provided under paragraph (2) by each relevant agency and adjustment of goals under subsection (a) and 

the annual performance goals for each program activity established pursuant to section 1115(a)(1) of this title based on the 

comments, with approval of the Director; and 

(4) make available through the Office of Management and 

Budget website a summary of comments received under paragraph (2), any adjustment of goals under paragraph (3), and 

any changes to goals required by the Office of Management and 

Budget. 

(e) TRANSPARENCY OF PERFORMANCE RESULTS.—(1) The head of 

an agency shall ensure that all results of the assessments conducted 

under this section by the agency during a fiscal year shall be readily 

accessible to and easily found on the Internet by the public and 

members and committees of Congress in a searchable, machine 

readable format, in accordance with guidance provided by the Director of the Office of Management and Budget that ensures such information is provided in a way that presents a coherent picture of 

the performance of Federal agencies. At a minimum, the results of 

the assessments conducted under this section shall be available on 

the website of the Office of Management and Budget and also may 

be made available on any other website considered appropriate by 

the agency or the Director. The Director shall also notify the appropriate committees of Congress when quarterly assessments become 

available on the Internet. 

(2) The performance information related to the assessments of 

goals in this section and section 1115 of this title shall— 

(A) include— 

(i) a brief summary of the problem or opportunity being 

addressed and reasons for identifying these agency goals as 

well as key findings of the assessments; 

(ii) a list of each program and agency contributing to 

achievement of the goal and the time frame for such contributions; 

(iii) an assessment of the quality of the performance 

measures, and the extent to which necessary performance 

data are collected; 


jbell on DSKDVH8Z91PROD with REPORTS
26 

(iv) a description of how leaders and managers are held 

accountable for achieving program results, and the extent 

to which strong financial management tools are in place; 

(v) contextual indicators that provide a sense of external 

factors that can influence performance trends related to key 

outcomes; 

(vi) as appropriate, indicators that provide information 

about the population being served and to the extent possible, the impact on disadvantaged and minority communities and individuals; 

(vii) factors affecting the performance of programs, 

projects, and activities and how they are impeding or contributing to failures or successes of the programs, projects, 

and activities, and the reasons for any substantial variation from the targeted level of achievement of the goals; 

(viii) the process used by the agency to assess progress 

made toward achieving the goals; and 

(ix) such other items and adjustments as may be specified 

by the Director; 

(B) describe the extent to which any trends, developments, or 

emerging conditions affect the need to change the mission of 

programs being carried out to achieve the goal; 

(C) identify, as part of any performance assessment, practices 

that resulted in positive outcomes, and the key reasons why 

such practices resulted in positive outcomes; and 

(D) include recommendations for actions to improve results, 

including opportunities that might exist for the coordination, 

consolidation, or integration of programs to improve service or 

generate cost savings. 

(3) The head of each agency shall— 

(A) use, as necessary and appropriate, a variety of assessment 

methods to support performance assessments, including methods contained in reports from evaluation centers, in assessments 

by States, and in available Federal program assessments; 

(B) maintain an archive of information required to be disclosed under this section that is, to the maximum extent practicable, readily available, accessible, and easily found by the 

public; and 

(C) consider the relevant comments submitted under subsection (d)(2). 

(f) CLASSIFIED INFORMATION.—(1) With respect to performance assessments conducted during a fiscal year that contain classified information, the President shall submit— 

(A) each quarterly performance assessment (including the 

classified information), to the appropriate committees of Congress; and 

(B) an appendix containing a list of each affected goal and 

the committees to which a copy of the performance assessment 

was submitted under subparagraph (A), to the congressional 

committees described in subsection (i). 

(2) Upon request from a congressional committee described in 

subsection (i), the Director of the Office of Management and Budget 

shall provide to the Committee a copy of— 

(A) any performance assessment described in subparagraph 

(A) of paragraph (1) (including any assessment not listed in any 


jbell on DSKDVH8Z91PROD with REPORTS
27 

appendix submitted under subparagraph (B) of such paragraph); and 

(B) any appendix described in subparagraph (B) of paragraph (1). 

(3) In this subsection, the term ‘‘classified information’’ refers to 

matters described in section 552(b)(1)(A) of title 5. 

(g) INHERENTLY GOVERNMENTAL FUNCTIONS.—The functions and 

activities authorized or required by this section shall be considered 

inherently governmental functions and shall be performed only by 

Federal employees. 

(h) REPORT STREAMLINING.—To eliminate redundancy, the head 

of an agency may determine each year, subject to the approval of the 

Director of the Office of Management and Budget and provided that 

it meets the requirements of this section and sections 1115, 1116, 

1117, 1121, and the first 9703 of this title, that the performance information provided to the public on the Internet is sufficient to meet 

the planning and reporting requirements of such sections. 

(i) CONGRESSIONAL COMMITTEES.—The congressional committees 

described in this subsection are the following: 

(1) The Committee on Oversight and Government Reform of 

the House of Representatives. 

(2) The Committee on Homeland Security and Governmental 

Affairs of the Senate. 

(3) The Committees on Appropriations of the House of Representatives and the Senate. 

(4) The Committees on the Budget of the House of Representatives and the Senate. 

(j) DEFINITIONS.—In this section: 

(1) AGENCY PERFORMANCE IMPROVEMENT OFFICER.—The term 

‘‘agency performance improvement officer’’ means a senior executive of an agency who is designated by the head of the agency, 

and reports to the head of the agency, the agency Deputy Secretary, or such other agency official designated by the head of 

the agency, to carry out the requirements of this section. 

(2) PERFORMANCE INFORMATION.—The term ‘‘performance information’’ means the results of assessments conducted under 

this section. 

§ 1121. Improving Government performance 

(a) DUTIES OF AGENCY PERFORMANCE IMPROVEMENT OFFICERS.— 

Subject to the direction of the head of the agency, each agency performance improvement officer shall— 

(1) advise and assist the head of the executive agency and 

other agency officials to ensure that the mission of the executive 

agency is achieved through performance planning, measurement, analysis, and regular assessment of progress, including 

the requirements of this section and sections 1115, 1116, 1117, 

1120, and the first 9703 of this title and section 306 of title 5; 

(2) advise the head of the agency on the selection of agency 

goals, including opportunities to collaborate with other agencies 

on common goals, and on whether— 

(A) the performance targets required under section 1115 

of this title and the strategic plans required under section 

306 of title 5 are— 


jbell on DSKDVH8Z91PROD with REPORTS
28 

(i) sufficiently aggressive toward full achievement of 

the purposes of the agency; and 

(ii) realistic in light of authority and resources provided for operations; and 

(B) means for measurement of progress toward achievement of the goals are sufficiently rigorous, aligned to outcomes, useful, and accurate as appropriate to the intended 

use of the measures; 

(3) support the head of the agency, agency Deputy Secretary, 

or such other agency senior official designated by the head of 

the agency in the conduct of at least quarterly performance assessments, while strengthening the performance management 

activities of the entire agency (including subcomponents) 

through at least quarterly performance assessments to— 

(A) assess progress toward achievement of the goals administered in whole or in part by the agency, as well as any 

goals common to that agency and other agencies; 

(B) identify factors affecting progress and benchmarking 

comparisons; 

(C) consider actions to improve the performance and efficiency of programs, projects, and activities; and 

(D) hold leaders and managers accountable for effective 

and efficient implementation and for adjusting agency actions based on evolving evidence; 

(4) assist the head of the agency in the development and use 

within the agency of performance measures in personnel performance appraisals, and, as appropriate, other agency personnel and planning processes and assessments; 

(5) assist the head of the agency in overseeing the implementation required under section 1120 of this title; 

(6) ensure that agency progress toward achievement of all 

goals is communicated to leaders, managers, and employees in 

the agency and Congress, and made public on the Internet; and 

(7) provide training for agency managers, program directors, 

supervisors, and employees on how to use performance targets, 

measure key performance indicators, assess programs, and analyze data to improve performance. 

(b) ESTABLISHMENT AND OPERATION OF PERFORMANCE IMPROVE- MENT COUNCIL.— (1) There is established in the executive branch a Performance 

Improvement Council. 

(2) The Performance Improvement Council shall consist exclusively of— 

(A) the Deputy Director for Management of the Office of 

Management and Budget, who shall serve as Chair; 

(B) such agency performance improvement officers as determined appropriate by the Chair; and 

(C) such other permanent employees of an agency as determined appropriate by the Chair in consultation with the 

agency concerned. 

(3) The Chair or the Chair’s designee shall convene and preside at the meetings of the Performance Improvement Council, 

determine its agenda, direct its work, and establish and direct 

subgroups of the Performance Improvement Council, as appropriate to deal with particular subject matters. 


jbell on DSKDVH8Z91PROD with REPORTS
29 

(4) To assist in implementing the requirements of sections 

1105, 1115, 1116, 1117, 1120, and the first 9703 of this title 

and section 306 of title 5, the Performance Improvement Council shall— 

(A) develop and submit to the Director of the Office of 

Management and Budget, or when appropriate to the President through the Director of the Office of Management and 

Budget, at times and in such formats as the Chair may 

specify, recommendations concerning— 

(i) performance management policies and requirements; 

(ii) criteria for assessment of program, project, and 

activity performance; and 

(iii) how the goals required by section 1120(a) of this 

title can inform the Federal Government performance 

plan required by section 1105(a)(28) of this title, and 

lead to improved results from and interagency coordination of programs that perform similar functions; 

(B) facilitate the exchange among agencies of information 

on performance management, including strategic and annual planning and reporting, to accelerate improvements in 

performance; 

(C) monitor the performance assessment process required 

under section 1120 of this title; 

(D) facilitate keeping members and committees of Congress and the public informed, and with such assistance of 

heads of agencies and agency performance improvement officers as the Director of the Office of Management and 

Budget may require, provide members and committees of 

Congress and the public with information on the Internet 

on how well each agency performs and that serves as a 

comprehensive source of information on— 

(i) agency strategic plans; 

(ii) annual performance plans and annual performance reports; 

(iii) performance information required under section 

1120 (d) of this title; 

(iv) the status of the implementation of performance 

assessments required under section 1120 of this title; 

(v) relevant impact and process assessments; and 

(vi) consistent with the direction of the head of the 

agency concerned after consultation with the Director 

of the Office of Management and Budget, any publicly 

available reports by the agency’s Inspector General concerning agency program performance; 

(E) monitor implementation by agencies of the policy set 

forth in sections 1115, 1116, 1117, 1120, and the first 9703 

of this title and section 306 of title 5 and report thereon 

from time to time as appropriate to the Director of the Office of Management and Budget, or when appropriate to the 

President through the Director of the Office of Management 

and Budget, at such times and in such formats as the 

Chair may specify, together with any recommendations of 

the Council for more effective implementation of such policy; 


jbell on DSKDVH8Z91PROD with REPORTS
30 

(F) obtain information and advice, as appropriate, in a 

manner that seeks individual advice and does not involve 

collective judgment or consensus advice or deliberation, 

from— 

(i) State, local, territorial, and tribal officials; 

(ii) representatives of entities or other individuals; 

and 

(iii) members and committees of Congress; 

(G) coordinate with other interagency management councils; and 

(H) make recommendations to Congress on duplicative, 

unused, or outdated performance policies or reporting requirements. 

(5)(A) The Administrator of General Services shall provide 

administrative and other support for the Council to implement 

this section. 

(B) The heads of agencies shall provide, as appropriate and 

to the extent permitted by law, such information and assistance 

as the Chair may request to implement this section. 

(c) ADDITIONAL DUTIES OF THE COUNCIL.—The Council— 

(1) shall develop a website for Federal agency performance information; 

(2) shall link program performance information to program 

spending information on the website www.USASpending.gov; 

and 

(3) shall submit a report to Congress on the feasibility of creating a single web-based platform for all Government spending 

information and all program performance information. 

* * * * * * * 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART I—THE AGENCIES GENERALLY 

* * * * * * * 

CHAPTER 3—POWERS 

* * * * * * * 

§ 306. Strategic plans 

(a) øNo later than September 30, 1997,¿ Not later than September 30 of the second year following a year in which an election 

for President occurs, beginning with September 30, 2010, the head 

of each agency shall submit to the Director of the Office of Management and Budget and to the Congress a strategic plan for program 

activities. Such plan shall contain— 

(1) * * * 

* * * * * * * 

ø(b) The strategic plan shall cover a period of not less than five 

years forward from the fiscal year in which it is submitted. The 

strategic plan shall be updated and revised at least every three 


jbell on DSKDVH8Z91PROD with REPORTS
31 

years, except that the strategic plan for the Department of Defense 

shall be updated and revised at least every four years.¿ 

(b) Each strategic plan shall cover the four-year period beginning 

on October 1 of the second year following a year in which an election for President occurs. 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

SUBPART C—EMPLOYEE PERFORMANCE 

* * * * * * * 

CHAPTER 43—PERFORMANCE APPRAISAL 

* * * * * * * 

SUBCHAPTER II—PERFORMANCE APPRAISAL IN THE 

SENIOR EXECUTIVE SERVICE 

* * * * * * * 

§ 4313. Criteria for performance appraisals 

Appraisals of performance in the Senior Executive Service shall 

be based on both individual and øorganizational performance,¿ organizational performance (including such reviews of agency performance, conducted under section 1120 of title 31, as are relevant), 

taking into account such factors as— 

(1) * * * 

* * * * * * * 


jbell on DSKDVH8Z91PROD with REPORTS
(32) 

MINORITY VIEWS 

H.R. 2142, as amended and reported by the Committee on Oversight and Government Reform, would modify aspects of the Government Performance and Results Act of 1993 (GPRA). Currently, 

GPRA requires agencies to develop five-year strategic plans, annual performance plans, and annual program performance reports. 

H.R. 2142 would establish a framework for quarterly ‘‘performance reviews’’ focused on pursuit of agency-wide ‘‘high-priority performance goals’’ set by agencies in consultation with OMB. According to CRS, the Administration envisions these reviews to be ‘‘inperson meetings.’’ The results of the reviews would be posted on 

OMB’s website. H.R. 2142 would also establish an OMB-controlled 

Performance Improvement Council staffed by agency Performance 

Improvement Officers. 

During Committee markup, Ranking Member Issa offered an 

amendment (accepted) which strengthens the bill by requiring 

agencies and OMB to consider program-level performance instead 

of just progress made toward meeting broad agency-wide goals. The 

amendment requires agencies and OMB to review progress toward 

meeting existing GPRA-mandated performance goals semiannually; 

it also strengthens the existing GPRA statute by including additional program performance metrics in the planning process. 

Unfortunately, although H.R. 2142 may sound like a good-government bill, it falls short of the threshold for support on a number 

of key points. 

First, according to the Congressional Budget Office, it increases 

discretionary spending by $150 million over the next five years. At 

a time of record budget deficits, Congress ought to pass legislation 

that reduces spending or at least holds it steady. 

Second, although H.R. 2142 spends millions of dollars creating 

‘‘performance improvement officers’’ at federal agencies and establishing an interagency ‘‘performance improvement council,’’ it does 

not establish a means by which agencies must consolidate or eliminate failing programs. The lack of real consequences for programs 

that do not meet their goals is a serious weakness of H.R. 2142. 

Third, in an amendment offered by Mr. Schock there would have 

been a federal program sunset commission created to sunset or 

drastically change underperforming federal programs. The commission would review every federal program and make recommendations to Congress on how to improve or consolidate each program. 

Within one year of a sunset commission review, a program would 

be automatically abolished unless reauthorized by Congress. Mr. 

Schock’s amendment failed in committee. 

In a study recently released by the Mercatus Center at George 

Mason University, economist Jerry Ellig examined the impact of 

GPRA on the internal management of federal programs and on congressional decision making. Professor Ellig found that while GPRA 


jbell on DSKDVH8Z91PROD with REPORTS
33 

was successful in improving the availability and use of performance 

information in federal agencies, this information was rarely, if ever, 

taken into account by Congress in making budgetary decisions: 

A content analysis of appropriations documents suggests 

Congress had little interest in using performance information at this time. Moynihan (2008) examined appropriations bills, accompanying conference reports, and oversight 

and appropriations hearings in search of performance discussions. In 3,527 single-spaced pages of text, he found 

that ‘performance’ was mentioned just 57 times in reference to expected or projected program performance . . . 

and 47 times in reference to actual program achievement. 

Ellig went on to argue that in order for performance information 

to have a significant impact on budgetary decisions, the incentives 

facing decision makers must change. He suggested consideration of 

reforms like budget amendment rules, supermajority requirements, 

and a commission to terminate ineffective programs. 

DARRELL E. ISSA. 

Æ 


jbell on DSKDVH8Z91PROD with REPORTS