PUBLIC LAW 111–352—JAN. 4, 2011 

GPRA MODERNIZATION ACT OF 2010 


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124 STAT. 3866 PUBLIC LAW 111–352—JAN. 4, 2011 

Public Law 111–352 

111th Congress 

An Act 

To require quarterly performance assessments of Government programs for purposes 

of assessing agency performance and improvement, and to establish agency performance improvement officers and the Performance Improvement Council. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘GPRA Modernization Act of 2010’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Strategic planning amendments. 

Sec. 3. Performance planning amendments. 

Sec. 4. Performance reporting amendments. 

Sec. 5. Federal Government and agency priority goals. 

Sec. 6. Quarterly priority progress reviews and use of performance information. 

Sec. 7. Transparency of Federal Government programs, priority goals, and results. 

Sec. 8. Agency Chief Operating Officers. 

Sec. 9. Agency Performance Improvement Officers and the Performance Improvement Council. 

Sec. 10. Format of performance plans and reports. 

Sec. 11. Reducing duplicative and outdated agency reporting. 

Sec. 12. Performance management skills and competencies. 

Sec. 13. Technical and conforming amendments. 

Sec. 14. Implementation of this Act. 

Sec. 15. Congressional oversight and legislation. 

SEC. 2. STRATEGIC PLANNING AMENDMENTS. 

Chapter 3 of title 5, United States Code, is amended by striking 

section 306 and inserting the following: 

‘‘§ 306. Agency strategic plans 

‘‘(a) Not later than the first Monday in February of any year 

following the year in which the term of the President commences 

under section 101 of title 3, the head of each agency shall make 

available on the public website of the agency a strategic plan 

and notify the President and Congress of its availability. Such 

plan shall contain— 

‘‘(1) a comprehensive mission statement covering the major 

functions and operations of the agency; 

‘‘(2) general goals and objectives, including outcome-oriented goals, for the major functions and operations of the 

agency; 

‘‘(3) a description of how any goals and objectives contribute 

to the Federal Government priority goals required by section 

1120(a) of title 31; 

Deadline. 

Public 

information. 

Web posting. 

Notification. 

31 USC 1101 

note. 

GPRA 

Modernization 

Act of 2010. 

Jan. 4, 2011 

[H.R. 2142] 


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PUBLIC LAW 111–352—JAN. 4, 2011 124 STAT. 3867 

‘‘(4) a description of how the goals and objectives are to 

be achieved, including— 

‘‘(A) a description of the operational processes, skills 

and technology, and the human, capital, information, and 

other resources required to achieve those goals and objectives; and 

‘‘(B) a description of how the agency is working with 

other agencies to achieve its goals and objectives as well 

as relevant Federal Government priority goals; 

‘‘(5) a description of how the goals and objectives incorporate views and suggestions obtained through congressional 

consultations required under subsection (d); 

‘‘(6) a description of how the performance goals provided 

in the plan required by section 1115(a) of title 31, including 

the agency priority goals required by section 1120(b) of title 

31, if applicable, contribute to the general goals and objectives 

in the strategic plan; 

‘‘(7) an identification of those key factors external to the 

agency and beyond its control that could significantly affect 

the achievement of the general goals and objectives; and 

‘‘(8) a description of the program evaluations used in establishing or revising general goals and objectives, with a schedule 

for future program evaluations to be conducted. 

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

4 years following the fiscal year in which the plan is submitted. 

As needed, the head of the agency may make adjustments to the 

strategic plan to reflect significant changes in the environment 

in which the agency is operating, with appropriate notification 

of Congress. 

‘‘(c) The performance plan required by section 1115(b) of title 

31 shall be consistent with the agency’s strategic plan. A performance plan may not be submitted for a fiscal year not covered 

by a current strategic plan under this section. 

‘‘(d) When developing or making adjustments to a strategic 

plan, the agency shall consult periodically with the Congress, 

including majority and minority views from the appropriate authorizing, appropriations, and oversight committees, and shall solicit 

and consider the views and suggestions of those entities potentially 

affected by or interested in such a plan. The agency shall consult 

with the appropriate committees of Congress at least once every 

2 years. 

‘‘(e) The functions and activities of this section shall be considered to be inherently governmental functions. The drafting of strategic plans under this section shall be performed only by Federal 

employees. 

‘‘(f) For purposes of this section the term ‘agency’ means an 

Executive agency defined under section 105, but does not include 

the Central Intelligence Agency, the Government Accountability 

Office, the United States Postal Service, and the Postal Regulatory 

Commission.’’. 

SEC. 3. PERFORMANCE PLANNING AMENDMENTS. 

Chapter 11 of title 31, United States Code, is amended by 

striking section 1115 and inserting the following: 

Definition. 

Consultation. 


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124 STAT. 3868 PUBLIC LAW 111–352—JAN. 4, 2011 

‘‘§ 1115. Federal Government and agency performance plans 

‘‘(a) FEDERAL GOVERNMENT PERFORMANCE PLANS.—In carrying 

out the provisions of section 1105(a)(28), the Director of the Office 

of Management and Budget shall coordinate with agencies to 

develop the Federal Government performance plan. In addition 

to the submission of such plan with each budget of the United 

States Government, the Director of the Office of Management and 

Budget shall ensure that all information required by this subsection 

is concurrently made available on the website provided under section 1122 and updated periodically, but no less than annually. 

The Federal Government performance plan shall— 

‘‘(1) establish Federal Government performance goals to 

define the level of performance to be achieved during the year 

in which the plan is submitted and the next fiscal year for 

each of the Federal Government priority goals required under 

section 1120(a) of this title; 

‘‘(2) identify the agencies, organizations, program activities, 

regulations, tax expenditures, policies, and other activities 

contributing to each Federal Government performance goal 

during the current fiscal year; 

‘‘(3) for each Federal Government performance goal, identify a lead Government official who shall be responsible for 

coordinating the efforts to achieve the goal; 

‘‘(4) establish common Federal Government performance 

indicators with quarterly targets to be used in measuring or 

assessing— 

‘‘(A) overall progress toward each Federal Government 

performance goal; and 

‘‘(B) the individual contribution of each agency, 

organization, program activity, regulation, tax expenditure, 

policy, and other activity identified under paragraph (2); 

‘‘(5) establish clearly defined quarterly milestones; and 

‘‘(6) identify major management challenges that are 

Governmentwide or crosscutting in nature and describe plans 

to address such challenges, including relevant performance 

goals, performance indicators, and milestones. 

‘‘(b) AGENCY PERFORMANCE PLANS.—Not later than the first 

Monday in February of each year, the head of each agency shall 

make available on a public website of the agency, and notify the 

President and the Congress of its availability, a performance plan 

covering each program activity set forth in the budget of such 

agency. Such plan shall— 

‘‘(1) establish performance goals to define the level of 

performance to be achieved during the year in which the plan 

is submitted and the next fiscal year; 

‘‘(2) express such goals in an objective, quantifiable, and 

measurable form unless authorized to be in an alternative 

form under subsection (c); 

‘‘(3) describe how the performance goals contribute to— 

‘‘(A) the general goals and objectives established in 

the agency’s strategic plan required by section 306(a)(2) 

of title 5; and 

‘‘(B) any of the Federal Government performance goals 

established in the Federal Government performance plan 

required by subsection (a)(1); 

Deadline. 

Public 

information. 

Web posting. 

Notification. 

Web posting. 

Coordination. 


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PUBLIC LAW 111–352—JAN. 4, 2011 124 STAT. 3869 

‘‘(4) identify among the performance goals those which 

are designated as agency priority goals as required by section 

1120(b) of this title, if applicable; 

‘‘(5) provide a description of how the performance goals 

are to be achieved, including— 

‘‘(A) the operation processes, training, skills and technology, and the human, capital, information, and other 

resources and strategies required to meet those performance goals; 

‘‘(B) clearly defined milestones; 

‘‘(C) an identification of the organizations, program 

activities, regulations, policies, and other activities that 

contribute to each performance goal, both within and 

external to the agency; 

‘‘(D) a description of how the agency is working with 

other agencies to achieve its performance goals as well 

as relevant Federal Government performance goals; and 

‘‘(E) an identification of the agency officials responsible 

for the achievement of each performance goal, who shall 

be known as goal leaders; 

‘‘(6) establish a balanced set of performance indicators to 

be used in measuring or assessing progress toward each 

performance goal, including, as appropriate, customer service, 

efficiency, output, and outcome indicators; 

‘‘(7) provide a basis for comparing actual program results 

with the established performance goals; 

‘‘(8) a description of how the agency will ensure the 

accuracy and reliability of the data used to measure progress 

towards its performance goals, including an identification of— 

‘‘(A) the means to be used to verify and validate measured values; 

‘‘(B) the sources for the data; 

‘‘(C) the level of accuracy required for the intended 

use of the data; 

‘‘(D) any limitations to the data at the required level 

of accuracy; and 

‘‘(E) how the agency will compensate for such limitations if needed to reach the required level of accuracy; 

‘‘(9) describe major management challenges the agency 

faces and identify— 

‘‘(A) planned actions to address such challenges; 

‘‘(B) performance goals, performance indicators, and 

milestones to measure progress toward resolving such challenges; and 

‘‘(C) the agency official responsible for resolving such 

challenges; and 

‘‘(10) identify low-priority program activities based on an 

analysis of their contribution to the mission and goals of the 

agency and include an evidence-based justification for designating a program activity as low priority. 

‘‘(c) ALTERNATIVE FORM.—If an agency, in consultation with 

the Director of the Office of Management and Budget, determines 

that it is not feasible to express the performance goals for a particular program activity in an objective, quantifiable, and measurable form, the Director of the Office of Management and Budget 

may authorize an alternative form. Such alternative form shall— 

‘‘(1) include separate descriptive statements of— 


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124 STAT. 3870 PUBLIC LAW 111–352—JAN. 4, 2011 

‘‘(A)(i) a minimally effective program; and 

‘‘(ii) a successful program; or 

‘‘(B) such alternative as authorized by the Director 

of the Office of Management and Budget, with sufficient 

precision and in such terms that would allow for an 

accurate, independent determination of whether the program activity’s performance meets the criteria of the 

description; or 

‘‘(2) state why it is infeasible or impractical to express 

a performance goal in any form for the program activity. 

‘‘(d) TREATMENT OF PROGRAM ACTIVITIES.—For the purpose of 

complying with this section, an agency may aggregate, disaggregate, 

or consolidate program activities, except that any aggregation or 

consolidation may not omit or minimize the significance of any 

program activity constituting a major function or operation for 

the agency. 

‘‘(e) APPENDIX.—An agency may submit with an annual 

performance plan an appendix covering any portion of the plan 

that— 

‘‘(1) is specifically authorized under criteria established 

by an Executive order to be kept secret in the interest of 

national defense or foreign policy; and 

‘‘(2) is properly classified pursuant to such Executive order. 

‘‘(f) INHERENTLY GOVERNMENTAL FUNCTIONS.—The functions 

and activities of this section shall be considered to be inherently 

governmental functions. The drafting of performance plans under 

this section shall be performed only by Federal employees. 

‘‘(g) CHIEF HUMAN CAPITAL OFFICERS.—With respect to each 

agency with a Chief Human Capital Officer, the Chief Human 

Capital Officer shall prepare that portion of the annual performance 

plan described under subsection (b)(5)(A). 

‘‘(h) DEFINITIONS.—For purposes of this section and sections 

1116 through 1125, and sections 9703 and 9704, the term— 

‘‘(1) ‘agency’ has the same meaning as such term is defined 

under section 306(f) of title 5; 

‘‘(2) ‘crosscutting’ means across organizational (such as 

agency) boundaries; 

‘‘(3) ‘customer service measure’ means an assessment of 

service delivery to a customer, client, citizen, or other recipient, 

which can include an assessment of quality, timeliness, and 

satisfaction among other factors; 

‘‘(4) ‘efficiency measure’ means a ratio of a program 

activity’s inputs (such as costs or hours worked by employees) 

to its outputs (amount of products or services delivered) or 

outcomes (the desired results of a program); 

‘‘(5) ‘major management challenge’ means programs or 

management functions, within or across agencies, that have 

greater vulnerability to waste, fraud, abuse, and mismanagement (such as issues identified by the Government Accountability Office as high risk or issues identified by an Inspector 

General) where a failure to perform well could seriously affect 

the ability of an agency or the Government to achieve its 

mission or goals; 

‘‘(6) ‘milestone’ means a scheduled event signifying the 

completion of a major deliverable or a set of related deliverables 

or a phase of work; 


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PUBLIC LAW 111–352—JAN. 4, 2011 124 STAT. 3871 

‘‘(7) ‘outcome measure’ means an assessment of the results 

of a program activity compared to its intended purpose; 

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

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

quantitative or qualitative manner; 

‘‘(9) ‘performance goal’ means a target level of performance 

expressed as a tangible, measurable objective, against which 

actual achievement can be compared, including a goal expressed 

as a quantitative standard, value, or rate; 

‘‘(10) ‘performance indicator’ means a particular value or 

characteristic used to measure output or outcome; 

‘‘(11) ‘program activity’ means a specific activity or project 

as listed in the program and financing schedules of the annual 

budget of the United States Government; and 

‘‘(12) ‘program evaluation’ means an assessment, through 

objective measurement and systematic analysis, of the manner 

and extent to which Federal programs achieve intended objectives.’’. 

SEC. 4. PERFORMANCE REPORTING AMENDMENTS. 

Chapter 11 of title 31, United States Code, is amended by 

striking section 1116 and inserting the following: 

‘‘§ 1116. Agency performance reporting 

‘‘(a) The head of each agency shall make available on a public 

website of the agency and to the Office of Management and Budget 

an update on agency performance. 

‘‘(b)(1) Each update shall compare actual performance achieved 

with the performance goals established in the agency performance 

plan under section 1115(b) and shall occur no less than 150 days 

after the end of each fiscal year, with more frequent updates of 

actual performance on indicators that provide data of significant 

value to the Government, Congress, or program partners at a 

reasonable level of administrative burden. 

‘‘(2) If performance goals are specified in an alternative form 

under section 1115(c), the results shall be described in relation 

to such specifications, including whether the performance failed 

to meet the criteria of a minimally effective or successful program. 

‘‘(c) Each update shall— 

‘‘(1) review the success of achieving the performance goals 

and include actual results for the 5 preceding fiscal years; 

‘‘(2) evaluate the performance plan for the current fiscal 

year relative to the performance achieved toward the performance goals during the period covered by the update; 

‘‘(3) explain and describe where a performance goal has 

not been met (including when a program activity’s performance 

is determined not to have met the criteria of a successful 

program activity under section 1115(c)(1)(A)(ii) or a corresponding level of achievement if another alternative form 

is used)— 

‘‘(A) why the goal was not met; 

‘‘(B) those plans and schedules for achieving the established performance goal; and 

‘‘(C) if the performance goal is impractical or infeasible, 

why that is the case and what action is recommended; 

Deadline. 

Public 

information. 

Web posting. 


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124 STAT. 3872 PUBLIC LAW 111–352—JAN. 4, 2011 

‘‘(4) describe the use and assess the effectiveness in 

achieving performance goals of any waiver under section 9703 

of this title; 

‘‘(5) include a review of the performance goals and evaluation of the performance plan relative to the agency’s strategic 

human capital management; 

‘‘(6) describe how the agency ensures the accuracy and 

reliability of the data used to measure progress towards its 

performance goals, including an identification of— 

‘‘(A) the means used to verify and validate measured 

values; 

‘‘(B) the sources for the data; 

‘‘(C) the level of accuracy required for the intended 

use of the data; 

‘‘(D) any limitations to the data at the required level 

of accuracy; and 

‘‘(E) how the agency has compensated for such limitations if needed to reach the required level of accuracy; 

and 

‘‘(7) include the summary findings of those program evaluations completed during the period covered by the update. 

‘‘(d) If an agency performance update includes any program 

activity or information that is specifically authorized under criteria 

established by an Executive Order to be kept secret in the interest 

of national defense or foreign policy and is properly classified pursuant to such Executive Order, the head of the agency shall make 

such information available in the classified appendix provided under 

section 1115(e). 

‘‘(e) The functions and activities of this section shall be considered to be inherently governmental functions. The drafting of agency 

performance updates under this section shall be performed only 

by Federal employees. 

‘‘(f) Each fiscal year, the Office of Management and Budget 

shall determine whether the agency programs or activities meet 

performance goals and objectives outlined in the agency performance plans and submit a report on unmet goals to— 

‘‘(1) the head of the agency; 

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

‘‘(3) the Committee on Oversight and Governmental Reform 

of the House of Representatives; and 

‘‘(4) the Government Accountability Office. 

‘‘(g) If an agency’s programs or activities have not met performance goals as determined by the Office of Management and Budget 

for 1 fiscal year, the head of the agency shall submit a performance 

improvement plan to the Office of Management and Budget to 

increase program effectiveness for each unmet goal with measurable 

milestones. The agency shall designate a senior official who shall 

oversee the performance improvement strategies for each unmet 

goal. 

‘‘(h)(1) If the Office of Management and Budget determines 

that agency programs or activities have unmet performance goals 

for 2 consecutive fiscal years, the head of the agency shall— 

‘‘(A) submit to Congress a description of the actions the 

Administration will take to improve performance, including 

proposed statutory changes or planned executive actions; and 

Submission. 

Designation. 

Deadline. 

Determination. 

Classified 

information. 


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PUBLIC LAW 111–352—JAN. 4, 2011 124 STAT. 3873 

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

the Director. 

‘‘(2) In providing additional funding described under paragraph 

(1)(B), the head of the agency shall use any reprogramming or 

transfer authority available to the agency. If after exercising such 

authority additional funding is necessary to achieve the level determined appropriate by the Director of the Office of Management 

and Budget, the head of the agency shall submit a request to 

Congress for additional reprogramming or transfer authority. 

‘‘(i) If an agency’s programs or activities have not met performance goals as determined by the Office of Management and Budget 

for 3 consecutive fiscal years, the Director of the Office of Management and Budget shall submit recommendations to Congress on 

actions to improve performance not later than 60 days after that 

determination, including— 

‘‘(1) reauthorization proposals for each program or activity 

that has not met performance goals; 

‘‘(2) proposed statutory changes necessary for the program 

activities to achieve the proposed level of performance on each 

performance goal; and 

‘‘(3) planned executive actions or identification of the program for termination or reduction in the President’s budget.’’. 

SEC. 5. FEDERAL GOVERNMENT AND AGENCY PRIORITY GOALS. 

Chapter 11 of title 31, United States Code, is amended by 

adding after section 1119 the following: 

‘‘§ 1120. Federal Government and agency priority goals 

‘‘(a) FEDERAL GOVERNMENT PRIORITY GOALS.— 

‘‘(1) The Director of the Office of Management and Budget 

shall coordinate with agencies to develop priority goals to 

improve the performance and management of the Federal 

Government. Such Federal Government priority goals shall 

include— 

‘‘(A) outcome-oriented goals covering a limited number 

of crosscutting policy areas; and 

‘‘(B) goals for management improvements needed 

across the Federal Government, including— 

‘‘(i) financial management; 

‘‘(ii) human capital management; 

‘‘(iii) information technology management; 

‘‘(iv) procurement and acquisition management; 

and 

‘‘(v) real property management; 

‘‘(2) The Federal Government priority goals shall be longterm in nature. At a minimum, the Federal Government priority 

goals shall be updated or revised every 4 years and made 

publicly available concurrently with the submission of the 

budget of the United States Government made in the first 

full fiscal year following any year in which the term of the 

President commences under section 101 of title 3. As needed, 

the Director of the Office of Management and Budget may 

make adjustments to the Federal Government priority goals 

to reflect significant changes in the environment in which the 

Deadline. 

Public 

information. 

Recommendations. 

Deadline. 

Request. 


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124 STAT. 3874 PUBLIC LAW 111–352—JAN. 4, 2011 

Federal Government is operating, with appropriate notification 

of Congress. 

‘‘(3) When developing or making adjustments to Federal 

Government priority goals, the Director of the Office of Management and Budget shall consult periodically with the Congress, 

including obtaining majority and minority views from— 

‘‘(A) the Committees on Appropriations of the Senate 

and the House of Representatives; 

‘‘(B) the Committees on the Budget of the Senate and 

the House of Representatives; 

‘‘(C) the Committee on Homeland Security and Governmental Affairs of the Senate; 

‘‘(D) the Committee on Oversight and Government 

Reform of the House of Representatives; 

‘‘(E) the Committee on Finance of the Senate; 

‘‘(F) the Committee on Ways and Means of the House 

of Representatives; and 

‘‘(G) any other committees as determined appropriate; 

‘‘(4) The Director of the Office of Management and Budget 

shall consult with the appropriate committees of Congress at 

least once every 2 years. 

‘‘(5) The Director of the Office of Management and Budget 

shall make information about the Federal Government priority 

goals available on the website described under section 1122 

of this title. 

‘‘(6) The Federal Government performance plan required 

under section 1115(a) of this title shall be consistent with 

the Federal Government priority goals. 

‘‘(b) AGENCY PRIORITY GOALS.— 

‘‘(1) Every 2 years, the head of each agency listed in section 

901(b) of this title, or as otherwise determined by the Director 

of the Office of Management and Budget, shall identify agency 

priority goals from among the performance goals of the agency. 

The Director of the Office of Management and Budget shall 

determine the total number of agency priority goals across 

the Government, and the number to be developed by each 

agency. The agency priority goals shall— 

‘‘(A) reflect the highest priorities of the agency, as 

determined by the head of the agency and informed by 

the Federal Government priority goals provided under subsection (a) and the consultations with Congress and other 

interested parties required by section 306(d) of title 5; 

‘‘(B) have ambitious targets that can be achieved within 

a 2-year period; 

‘‘(C) have a clearly identified agency official, known 

as a goal leader, who is responsible for the achievement 

of each agency priority goal; 

‘‘(D) have interim quarterly targets for performance 

indicators if more frequent updates of actual performance 

provides data of significant value to the Government, Congress, or program partners at a reasonable level of administrative burden; and 

‘‘(E) have clearly defined quarterly milestones. 

‘‘(2) If an agency priority goal includes any program activity 

or information that is specifically authorized under criteria 

established by an Executive order to be kept secret in the 

interest of national defense or foreign policy and is properly 

Classified 

information. 

Time period. 

Determination. 

Deadline. 

Web posting. 

Consultation. 

Deadline. 

Consultation. 


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PUBLIC LAW 111–352—JAN. 4, 2011 124 STAT. 3875 

classified pursuant to such Executive order, the head of the 

agency shall make such information available in the classified 

appendix provided under section 1115(e). 

‘‘(c) The functions and activities of this section shall be considered to be inherently governmental functions. The development 

of Federal Government and agency priority goals shall be performed 

only by Federal employees.’’. 

SEC. 6. QUARTERLY PRIORITY PROGRESS REVIEWS AND USE OF 

PERFORMANCE INFORMATION. 

Chapter 11 of title 31, United States Code, is amended by 

adding after section 1120 (as added by section 5 of this Act) the 

following: 

‘‘§ 1121. Quarterly priority progress reviews and use of 

performance information 

‘‘(a) USE OF PERFORMANCE INFORMATION TO ACHIEVE FEDERAL

GOVERNMENT PRIORITY GOALS.—Not less than quarterly, the 

Director of the Office of Management and Budget, with the support 

of the Performance Improvement Council, shall— 

‘‘(1) for each Federal Government priority goal required 

by section 1120(a) of this title, review with the appropriate 

lead Government official the progress achieved during the most 

recent quarter, overall trend data, and the likelihood of meeting 

the planned level of performance; 

‘‘(2) include in such reviews officials from the agencies, 

organizations, and program activities that contribute to the 

accomplishment of each Federal Government priority goal; 

‘‘(3) assess whether agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities 

are contributing as planned to each Federal Government priority goal; 

‘‘(4) categorize the Federal Government priority goals by 

risk of not achieving the planned level of performance; and 

‘‘(5) for the Federal Government priority goals at greatest 

risk of not meeting the planned level of performance, identify 

prospects and strategies for performance improvement, 

including any needed changes to agencies, organizations, program activities, regulations, tax expenditures, policies or other 

activities. 

‘‘(b) AGENCY USE OF PERFORMANCE INFORMATION TO ACHIEVE

AGENCY PRIORITY GOALS.—Not less than quarterly, at each agency 

required to develop agency priority goals required by section 1120(b) 

of this title, the head of the agency and Chief Operating Officer, 

with the support of the agency Performance Improvement Officer, 

shall— 

‘‘(1) for each agency priority goal, review with the appropriate goal leader the progress achieved during the most recent 

quarter, overall trend data, and the likelihood of meeting the 

planned level of performance; 

‘‘(2) coordinate with relevant personnel within and outside 

the agency who contribute to the accomplishment of each 

agency priority goal; 

‘‘(3) assess whether relevant organizations, program activities, regulations, policies, and other activities are contributing 

as planned to the agency priority goals; 

Assessment. 

Assessment. 


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124 STAT. 3876 PUBLIC LAW 111–352—JAN. 4, 2011 

‘‘(4) categorize agency priority goals by risk of not achieving 

the planned level of performance; and 

‘‘(5) for agency priority goals at greatest risk of not meeting 

the planned level of performance, identify prospects and strategies for performance improvement, including any needed 

changes to agency program activities, regulations, policies, or 

other activities.’’. 

SEC. 7. TRANSPARENCY OF FEDERAL GOVERNMENT PROGRAMS, PRIORITY GOALS, AND RESULTS. 

Chapter 11 of title 31, United States Code, is amended by 

adding after section 1121 (as added by section 6 of this Act) the 

following: 

‘‘§ 1122. Transparency of programs, priority goals, and results 

‘‘(a) TRANSPARENCY OF AGENCY PROGRAMS.— ‘‘(1) IN GENERAL.—Not later than October 1, 2012, the 

Office of Management and Budget shall— 

‘‘(A) ensure the effective operation of a single website; 

‘‘(B) at a minimum, update the website on a quarterly 

basis; and 

‘‘(C) include on the website information about each 

program identified by the agencies. 

‘‘(2) INFORMATION.—Information for each program described 

under paragraph (1) shall include— 

‘‘(A) an identification of how the agency defines the 

term ‘program’, consistent with guidance provided by the 

Director of the Office of Management and Budget, including 

the program activities that are aggregated, disaggregated, 

or consolidated to be considered a program by the agency; 

‘‘(B) a description of the purposes of the program and 

the contribution of the program to the mission and goals 

of the agency; and 

‘‘(C) an identification of funding for the current fiscal 

year and previous 2 fiscal years. 

‘‘(b) TRANSPARENCY OF AGENCY PRIORITY GOALS AND

RESULTS.—The head of each agency required to develop agency 

priority goals shall make information about each agency priority 

goal available to the Office of Management and Budget for publication on the website, with the exception of any information covered 

by section 1120(b)(2) of this title. In addition to an identification 

of each agency priority goal, the website shall also consolidate 

information about each agency priority goal, including— 

‘‘(1) a description of how the agency incorporated any views 

and suggestions obtained through congressional consultations 

about the agency priority goal; 

‘‘(2) an identification of key factors external to the agency 

and beyond its control that could significantly affect the 

achievement of the agency priority goal; 

‘‘(3) a description of how each agency priority goal will 

be achieved, including— 

‘‘(A) the strategies and resources required to meet the 

priority goal; 

‘‘(B) clearly defined milestones; 

‘‘(C) the organizations, program activities, regulations, 

policies, and other activities that contribute to each goal, 

both within and external to the agency; 

Deadline. 


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PUBLIC LAW 111–352—JAN. 4, 2011 124 STAT. 3877 

‘‘(D) how the agency is working with other agencies 

to achieve the goal; and 

‘‘(E) an identification of the agency official responsible 

for achieving the priority goal; 

‘‘(4) the performance indicators to be used in measuring 

or assessing progress; 

‘‘(5) a description of how the agency ensures the accuracy 

and reliability of the data used to measure progress towards 

the priority goal, including an identification of— 

‘‘(A) the means used to verify and validate measured 

values; 

‘‘(B) the sources for the data; 

‘‘(C) the level of accuracy required for the intended 

use of the data; 

‘‘(D) any limitations to the data at the required level 

of accuracy; and 

‘‘(E) how the agency has compensated for such limitations if needed to reach the required level of accuracy; 

‘‘(6) the results achieved during the most recent quarter 

and overall trend data compared to the planned level of 

performance; 

‘‘(7) an assessment of whether relevant organizations, program activities, regulations, policies, and other activities are 

contributing as planned; 

‘‘(8) an identification of the agency priority goals at risk 

of not achieving the planned level of performance; and 

‘‘(9) any prospects or strategies for performance improvement. 

‘‘(c) TRANSPARENCY OF FEDERAL GOVERNMENT PRIORITY GOALS

AND RESULTS.—The Director of the Office of Management and 

Budget shall also make available on the website— 

‘‘(1) a brief description of each of the Federal Government 

priority goals required by section 1120(a) of this title; 

‘‘(2) a description of how the Federal Government priority 

goals incorporate views and suggestions obtained through 

congressional consultations; 

‘‘(3) the Federal Government performance goals and 

performance indicators associated with each Federal Government priority goal as required by section 1115(a) of this title; 

‘‘(4) an identification of the lead Government official for 

each Federal Government performance goal; 

‘‘(5) the results achieved during the most recent quarter 

and overall trend data compared to the planned level of 

performance; 

‘‘(6) an identification of the agencies, organizations, program activities, regulations, tax expenditures, policies, and 

other activities that contribute to each Federal Government 

priority goal; 

‘‘(7) an assessment of whether relevant agencies, organizations, program activities, regulations, tax expenditures, policies, 

and other activities are contributing as planned; 

‘‘(8) an identification of the Federal Government priority 

goals at risk of not achieving the planned level of performance; 

and 

‘‘(9) any prospects or strategies for performance improvement. 

Assessment. 

Web posting. 


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124 STAT. 3878 PUBLIC LAW 111–352—JAN. 4, 2011 

‘‘(d) INFORMATION ON WEBSITE.—The information made available on the website under this section shall be readily accessible 

and easily found on the Internet by the public and members and 

committees of Congress. Such information shall also be presented 

in a searchable, machine-readable format. The Director of the Office 

of Management and Budget shall issue guidance to ensure that 

such information is provided in a way that presents a coherent 

picture of all Federal programs, and the performance of the Federal 

Government as well as individual agencies.’’. 

SEC. 8. AGENCY CHIEF OPERATING OFFICERS. 

Chapter 11 of title 31, United States Code, is amended by 

adding after section 1122 (as added by section 7 of this Act) the 

following: 

‘‘§ 1123. Chief Operating Officers 

‘‘(a) ESTABLISHMENT.—At each agency, the deputy head of 

agency, or equivalent, shall be the Chief Operating Officer of the 

agency. 

‘‘(b) FUNCTION.—Each Chief Operating Officer shall be responsible for improving the management and performance of the agency, 

and shall— 

‘‘(1) provide overall organization management to improve 

agency performance and achieve the mission and goals of the 

agency through the use of strategic and performance planning, 

measurement, analysis, regular assessment of progress, and 

use of performance information to improve the results achieved; 

‘‘(2) advise and assist the head of agency in carrying out 

the requirements of sections 1115 through 1122 of this title 

and section 306 of title 5; 

‘‘(3) oversee agency-specific efforts to improve management 

functions within the agency and across Government; and 

‘‘(4) coordinate and collaborate with relevant personnel 

within and external to the agency who have a significant role 

in contributing to and achieving the mission and goals of the 

agency, such as the Chief Financial Officer, Chief Human Capital Officer, Chief Acquisition Officer/Senior Procurement 

Executive, Chief Information Officer, and other line of business 

chiefs at the agency.’’. 

SEC. 9. AGENCY PERFORMANCE IMPROVEMENT OFFICERS AND THE 

PERFORMANCE IMPROVEMENT COUNCIL. 

Chapter 11 of title 31, United States Code, is amended by 

adding after section 1123 (as added by section 8 of this Act) the 

following: 

‘‘§ 1124. Performance Improvement Officers and the Performance Improvement Council 

‘‘(a) PERFORMANCE IMPROVEMENT OFFICERS.— 

‘‘(1) ESTABLISHMENT.—At each agency, the head of the 

agency, in consultation with the agency Chief Operating Officer, 

shall designate a senior executive of the agency as the agency 

Performance Improvement Officer. 

‘‘(2) FUNCTION.—Each Performance Improvement Officer 

shall report directly to the Chief Operating Officer. Subject 

to the direction of the Chief Operating Officer, each Performance Improvement Officer shall— 

Guidance. 

Public 

information. 


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PUBLIC LAW 111–352—JAN. 4, 2011 124 STAT. 3879 

‘‘(A) advise and assist the head of the agency and 

the Chief Operating Officer to ensure that the mission 

and goals of the agency are achieved through strategic 

and performance planning, measurement, analysis, regular 

assessment of progress, and use of performance information 

to improve the results achieved; 

‘‘(B) advise the head of the agency and the Chief Operating Officer on the selection of agency goals, including 

opportunities to collaborate with other agencies on common 

goals; 

‘‘(C) assist the head of the agency and the Chief Operating Officer in overseeing the implementation of the 

agency strategic planning, performance planning, and 

reporting requirements provided under sections 1115 

through 1122 of this title and sections 306 of title 5, 

including the contributions of the agency to the Federal 

Government priority goals; 

‘‘(D) support the head of agency and the Chief Operating Officer in the conduct of regular reviews of agency 

performance, including at least quarterly reviews of 

progress achieved toward agency priority goals, if 

applicable; 

‘‘(E) assist the head of the agency and the Chief Operating Officer in the development and use within the agency 

of performance measures in personnel performance 

appraisals, and, as appropriate, other agency personnel 

and planning processes and assessments; and 

‘‘(F) ensure that agency progress toward the achievement of all goals is communicated to leaders, managers, 

and employees in the agency and Congress, and made 

available on a public website of the agency. 

‘‘(b) PERFORMANCE IMPROVEMENT COUNCIL.— 

‘‘(1) ESTABLISHMENT.—There is established a Performance 

Improvement Council, consisting of— 

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

of Management and Budget, who shall act as chairperson 

of the Council; 

‘‘(B) the Performance Improvement Officer from each 

agency defined in section 901(b) of this title; 

‘‘(C) other Performance Improvement Officers as determined appropriate by the chairperson; and 

‘‘(D) other individuals as determined appropriate by 

the chairperson. 

‘‘(2) FUNCTION.—The Performance Improvement Council 

shall— 

‘‘(A) be convened by the chairperson or the designee 

of the chairperson, who shall preside at the meetings of 

the Performance Improvement Council, determine its 

agenda, direct its work, and establish and direct subgroups 

of the Performance Improvement Council, as appropriate, 

to deal with particular subject matters; 

‘‘(B) assist the Director of the Office of Management 

and Budget to improve the performance of the Federal 

Government and achieve the Federal Government priority 

goals; 

‘‘(C) assist the Director of the Office of Management 

and Budget in implementing the planning, reporting, and 

Public 

information. 

Web posting. 


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124 STAT. 3880 PUBLIC LAW 111–352—JAN. 4, 2011 

use of performance information requirements related to 

the Federal Government priority goals provided under sections 1115, 1120, 1121, and 1122 of this title; 

‘‘(D) work to resolve specific Governmentwide or crosscutting performance issues, as necessary; 

‘‘(E) facilitate the exchange among agencies of practices 

that have led to performance improvements within specific 

programs, agencies, or across agencies; 

‘‘(F) coordinate with other interagency management 

councils; 

‘‘(G) seek advice and information as appropriate from 

nonmember agencies, particularly smaller agencies; 

‘‘(H) consider the performance improvement experiences of corporations, nonprofit organizations, foreign, 

State, and local governments, Government employees, 

public sector unions, and customers of Government services; 

‘‘(I) receive such assistance, information and advice 

from agencies as the Council may request, which agencies 

shall provide to the extent permitted by law; and 

‘‘(J) develop and submit to the Director of the Office 

of Management and Budget, or when appropriate to the 

President through the Director of the Office of Management 

and Budget, at times and in such formats as the chairperson may specify, recommendations to streamline and 

improve performance management policies and requirements. 

‘‘(3) SUPPORT.— 

‘‘(A) IN GENERAL.—The Administrator of General Services shall provide administrative and other support for 

the Council to implement this section. 

‘‘(B) PERSONNEL.—The heads of agencies with Performance Improvement Officers serving on the Council shall, 

as appropriate and to the extent permitted by law, provide 

at the request of the chairperson of the Performance 

Improvement Council up to 2 personnel authorizations to 

serve at the direction of the chairperson.’’. 

SEC. 10. FORMAT OF PERFORMANCE PLANS AND REPORTS. 

(a) SEARCHABLE, MACHINE-READABLE PLANS AND REPORTS.— 

For fiscal year 2012 and each fiscal year thereafter, each agency 

required to produce strategic plans, performance plans, and 

performance updates in accordance with the amendments made 

by this Act shall— 

(1) not incur expenses for the printing of strategic plans, 

performance plans, and performance reports for release external 

to the agency, except when providing such documents to the 

Congress; 

(2) produce such plans and reports in searchable, machinereadable formats; and 

(3) make such plans and reports available on the website 

described under section 1122 of title 31, United States Code. 

(b) WEB-BASED PERFORMANCE PLANNING AND REPORTING.— 

(1) IN GENERAL.—Not later than June 1, 2012, the Director 

of the Office of Management and Budget shall issue guidance 

to agencies to provide concise and timely performance information for publication on the website described under section 

Guidance. 

Web posting. 

31 USC 1115 

note. 


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PUBLIC LAW 111–352—JAN. 4, 2011 124 STAT. 3881 

1122 of title 31, United States Code, including, at a minimum, 

all requirements of sections 1115 and 1116 of title 31, United 

States Code, except for section 1115(e). 

(2) HIGH-PRIORITY GOALS.—For agencies required to develop 

agency priority goals under section 1120(b) of title 31, United 

States Code, the performance information required under this 

section shall be merged with the existing information required 

under section 1122 of title 31, United States Code. 

(3) CONSIDERATIONS.—In developing guidance under this 

subsection, the Director of the Office of Management and 

Budget shall take into consideration the experiences of agencies 

in making consolidated performance planning and reporting 

information available on the website as required under section 

1122 of title 31, United States Code. 

SEC. 11. REDUCING DUPLICATIVE AND OUTDATED AGENCY 

REPORTING. 

(a) BUDGET CONTENTS.—Section 1105(a) of title 31, United 

States Code, is amended— 

(1) by redesignating second paragraph (33) as paragraph 

(35); and 

(2) by adding at the end the following: 

‘‘(37) the list of plans and reports, as provided for under 

section 1125, that agencies identified for elimination or consolidation because the plans and reports are determined outdated 

or duplicative of other required plans and reports.’’. 

(b) ELIMINATION OF UNNECESSARY AGENCY REPORTING.— 

Chapter 11 of title 31, United States Code, is further amended 

by adding after section 1124 (as added by section 9 of this Act) 

the following: 

‘‘§ 1125. Elimination of unnecessary agency reporting 

‘‘(a) AGENCY IDENTIFICATION OF UNNECESSARY REPORTS.— 

Annually, based on guidance provided by the Director of the Office 

of Management and Budget, the Chief Operating Officer at each 

agency shall— 

‘‘(1) compile a list that identifies all plans and reports 

the agency produces for Congress, in accordance with statutory 

requirements or as directed in congressional reports; 

‘‘(2) analyze the list compiled under paragraph (1), identify 

which plans and reports are outdated or duplicative of other 

required plans and reports, and refine the list to include only 

the plans and reports identified to be outdated or duplicative; 

‘‘(3) consult with the congressional committees that receive 

the plans and reports identified under paragraph (2) to determine whether those plans and reports are no longer useful 

to the committees and could be eliminated or consolidated 

with other plans and reports; and 

‘‘(4) provide a total count of plans and reports compiled 

under paragraph (1) and the list of outdated and duplicative 

reports identified under paragraph (2) to the Director of the 

Office of Management and Budget. 

‘‘(b) PLANS AND REPORTS.— 

‘‘(1) FIRST YEAR.—During the first year of implementation 

of this section, the list of plans and reports identified by each 

agency as outdated or duplicative shall be not less than 10 


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124 STAT. 3882 PUBLIC LAW 111–352—JAN. 4, 2011 

percent of all plans and reports identified under subsection 

(a)(1). 

‘‘(2) SUBSEQUENT YEARS.—In each year following the first 

year described under paragraph (1), the Director of the Office 

of Management and Budget shall determine the minimum percent of plans and reports to be identified as outdated or duplicative on each list of plans and reports. 

‘‘(c) REQUEST FOR ELIMINATION OF UNNECESSARY REPORTS.— In addition to including the list of plans and reports determined 

to be outdated or duplicative by each agency in the budget of 

the United States Government, as provided by section 1105(a)(37), 

the Director of the Office of Management and Budget may concurrently submit to Congress legislation to eliminate or consolidate 

such plans and reports.’’. 

SEC. 12. PERFORMANCE MANAGEMENT SKILLS AND COMPETENCIES. 

(a) PERFORMANCE MANAGEMENT SKILLS AND COMPETENCIES.— 

Not later than 1 year after the date of enactment of this Act, 

the Director of the Office of Personnel Management, in consultation 

with the Performance Improvement Council, shall identify the key 

skills and competencies needed by Federal Government personnel 

for developing goals, evaluating programs, and analyzing and using 

performance information for the purpose of improving Government 

efficiency and effectiveness. 

(b) POSITION CLASSIFICATIONS.—Not later than 2 years after 

the date of enactment of this Act, based on the identifications 

under subsection (a), the Director of the Office of Personnel Management shall incorporate, as appropriate, such key skills and competencies into relevant position classifications. 

(c) INCORPORATION INTO EXISTING AGENCY TRAINING.—Not later 

than 2 years after the enactment of this Act, the Director of the 

Office of Personnel Management shall work with each agency, as 

defined under section 306(f) of title 5, United States Code, to 

incorporate the key skills identified under subsection (a) into 

training for relevant employees at each agency. 

SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS. 

(a) The table of contents for chapter 3 of title 5, United States 

Code, is amended by striking the item relating to section 306 

and inserting the following: 

‘‘306. Agency strategic plans.’’. 

(b) The table of contents for chapter 11 of title 31, United 

States Code, is amended by striking the items relating to section 

1115 and 1116 and inserting the following: 

‘‘1115. Federal Government and agency performance plans. 

‘‘1116. Agency performance reporting.’’. 

(c) The table of contents for chapter 11 of title 31, United 

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

‘‘1120. Federal Government and agency priority goals. 

‘‘1121. Quarterly priority progress reviews and use of performance information. 

‘‘1122. Transparency of programs, priority goals, and results. 

‘‘1123. Chief Operating Officers. 

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

‘‘1125. Elimination of unnecessary agency reporting.’’. 

Deadlines. 

5 USC 5105 note. 

Determination. 


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SEC. 14. IMPLEMENTATION OF THIS ACT. 

(a) INTERIM PLANNING AND REPORTING.— 

(1) IN GENERAL.—The Director of the Office of Management 

and Budget shall coordinate with agencies to develop interim 

Federal Government priority goals and submit interim Federal 

Government performance plans consistent with the requirements of this Act beginning with the submission of the fiscal 

year 2013 Budget of the United States Government. 

(2) REQUIREMENTS.—Each agency shall— 

(A) not later than February 6, 2012, make adjustments 

to its strategic plan to make the plan consistent with 

the requirements of this Act; 

(B) prepare and submit performance plans consistent 

with the requirements of this Act, including the identification of agency priority goals, beginning with the performance plan for fiscal year 2013; and 

(C) make performance reporting updates consistent 

with the requirements of this Act beginning in fiscal year 

2012. 

(3) QUARTERLY REVIEWS.—The quarterly priority progress 

reviews required under this Act shall begin— 

(A) with the first full quarter beginning on or after 

the date of enactment of this Act for agencies based on 

the agency priority goals contained in the Analytical 

Perspectives volume of the Fiscal Year 2011 Budget of 

the United States Government; and 

(B) with the quarter ending June 30, 2012 for the 

interim Federal Government priority goals. 

(b) GUIDANCE.—The Director of the Office of Management and 

Budget shall prepare guidance for agencies in carrying out the 

interim planning and reporting activities required under subsection 

(a), in addition to other guidance as required for implementation 

of this Act. 

SEC. 15. CONGRESSIONAL OVERSIGHT AND LEGISLATION. 

(a) IN GENERAL.—Nothing in this Act shall be construed as 

limiting the ability of Congress to establish, amend, suspend, or 

annul a goal of the Federal Government or an agency. 

(b) GAO REVIEWS.— 

(1) INTERIM PLANNING AND REPORTING EVALUATION.—Not 

later than June 30, 2013, the Comptroller General shall submit 

a report to Congress that includes— 

(A) an evaluation of the implementation of the interim 

planning and reporting activities conducted under section 

14 of this Act; and 

(B) any recommendations for improving implementation of this Act as determined appropriate. 

(2) IMPLEMENTATION EVALUATIONS.— 

(A) IN GENERAL.—The Comptroller General shall 

evaluate the implementation of this Act subsequent to the 

interim planning and reporting activities evaluated in the 

report submitted to Congress under paragraph (1). 

(B) AGENCY IMPLEMENTATION.— 

(i) EVALUATIONS.—The Comptroller General shall 

evaluate how implementation of this Act is affecting 

performance management at the agencies described 

in section 901(b) of title 31, United States Code, 

31 USC 1115 

note. 

Plan. 

Deadline. 

Coordination. 

31 USC 1115 

note. 


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124 STAT. 3884 PUBLIC LAW 111–352—JAN. 4, 2011 

LEGISLATIVE HISTORY—H.R. 2142: 

HOUSE REPORTS: No. 111–504 (Comm. on Oversight and Government Reform). 

SENATE REPORTS: No. 111–372 (Comm. on Homeland Security and Governmental 

Affairs). 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

June 16, considered and passed House. 

Dec. 16, considered and passed Senate, amended. 

Dec. 17, House failed to concur in Senate amendment. 

Dec. 21, House concurred in Senate amendment. 

Æ 

including whether performance management is being 

used by those agencies to improve the efficiency and 

effectiveness of agency programs. 

(ii) REPORTS.—The Comptroller General shall 

submit to Congress— 

(I) an initial report on the evaluation under 

clause (i), not later than September 30, 2015; and 

(II) a subsequent report on the evaluation 

under clause (i), not later than September 30, 

2017. 

(C) FEDERAL GOVERNMENT PLANNING AND REPORTING

IMPLEMENTATION.— (i) EVALUATIONS.—The Comptroller General shall 

evaluate the implementation of the Federal Government priority goals, Federal Government performance 

plans and related reporting required by this Act. 

(ii) REPORTS.—The Comptroller General shall 

submit to Congress— 

(I) an initial report on the evaluation under 

clause (i), not later than September 30, 2015; and 

(II) subsequent reports on the evaluation 

under clause (i), not later than September 30, 2017 

and every 4 years thereafter. 

(D) RECOMMENDATIONS.—The Comptroller General 

shall include in the reports required by subparagraphs 

(B) and (C) any recommendations for improving 

implementation of this Act and for streamlining the planning and reporting requirements of the Government 

Performance and Results Act of 1993. 

Approved January 4, 2011. 


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