IIB 

111TH CONGRESS 

2D SESSION H. R. 2142 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2010 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Government Efficiency, Effectiveness, and Performance 

4 Improvement Act of 2010’’. 

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

6 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. 10. Savings. 

Sec. 11. Funding. 

7 SEC. 2. FINDINGS AND PURPOSES. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) Weaknesses in established management 

10 processes pertaining to the use of information about 

11 the performance of Federal agencies undermine the 

12 confidence of the American people in the Govern13 ment and reduce the Federal Government’s ability to 

14 adequately address public needs. 

15 (2) To restore the confidence of the American 

16 people in its Government and to increase the Fed17 eral Government’s ability to adequately address vital 

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1 ually seek to improve the effectiveness, efficiency, 

2 and accountability of Federal programs. 

3 (3) With the passage of the Government Per4 formance and Results Act of 1993, Congress di5 rected the executive branch to seek improvements in 

6 the performance and accountability of Federal pro7 grams by having agencies focus on strategic objec8 tives and annual results. 

9 (4) The requirements of the Government Per10 formance and Results Act of 1993 have produced an 

11 infrastructure of outcome-oriented strategic plans, 

12 performance measures, and accountability reporting 

13 that serve as a solid foundation for agencies working 

14 with Congress to achieve long-term strategic goals 

15 and improve the performance of Federal programs; 

16 use of those plans and reports to improve outcomes 

17 has, however, been limited. 

18 (5) Congressional policy making, spending deci19 sions, and program oversight have been handicapped 

20 by insufficient attention to program performance 

21 and results. 

22 (6) While improvements have been made in the 

23 development of outcome-oriented strategic plans, 

24 performance measures, and accountability reporting 

25 for individual programs, progress is still needed to 


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1 ensure that agency leaders, employees, and delivery 

2 partners regularly use performance information to 

3 improve the effectiveness and efficiency of govern4 ment operations and to communicate performance 

5 information coherently and candidly to inform con6 gressional decision-making in conducting program 

7 authorization, appropriation, and oversight. 

8 (7) Regular performance assessments, com9 plemented by periodic assessments of Federal pro10 grams, provide critical information on whether pro11 grams are achieving specific performance objectives, 

12 help Congress and the executive branch identify the 

13 most pressing policy and program issues, and deter14 mine if specific legislative, operational, financial, or 

15 strategic reforms are needed to increase program ef16 fectiveness and efficiency. 

17 (8) Programs performing similar or duplicative 

18 functions within a single agency or across multiple 

19 agencies should be identified and their performance 

20 and results shared among all such programs to im21 prove coordination or possible consolidation and, ul22 timately, performance and results. 

23 (9) The performance reporting requirements of 

24 the Government Performance and Results Act of 

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1 countability reporting requirements contained in leg2 islation, are in some cases redundant, and steps 

3 should be taken to eliminate duplicative performance 

4 policies and to streamline outdated and unused re5 ports. 

6 (b) PURPOSES.—The purposes of this Act are as fol7 lows: 

8 (1) To improve the Government Performance 

9 and Results Act of 1993 by implementing perform10 ance assessment processes that seek to assess Fed11 eral programs on a periodic basis with a particular 

12 focus on the following: 

13 (A) Identification by agency leaders of 

14 clear priorities and setting of outcome-focused, 

15 measurable, ambitious targets for those prior16 ities. 

17 (B) Regular goal-focused, data driven per18 formance assessments to measure progress and 

19 adjust strategies. 

20 (C) Accountability expectations that en21 courage managers to innovate, informed by evi22 dence and analysis of experience. 

23 (D) Transparent, coherent, and candid 

24 communication of results. 


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1 (2) To use relevant performance and related in2 formation to help agencies make informed manage3 ment decisions, improve the effectiveness of agency 

4 and program operations (particularly for those pro5 grams, projects, and activities that are deemed poor6 ly performing), and submit funding requests based 

7 on evidence and other relevant information. 

8 (3) To provide congressional policy makers with 

9 information needed to conduct more effective over10 sight and assist in the improvement of agency oper11 ations, and to make performance-informed and re12 sults-based authorization and appropriation deci13 sions that improve the effectiveness of program op14 erations. 

15 (4) To establish the Performance Improvement 

16 Council as a body that will assist in the development 

17 of performance measurement and management 

18 standards and assessment methodologies, identify 

19 best practices in Federal performance management, 

20 facilitate the exchange of information among agen21 cies on these practices, and collaborate on and 

22 strengthen the effectiveness of agency performance 

23 improvement efforts. 

24 (5) To establish agency performance improve25 ment officers to institutionalize and enhance the 


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1 strategic and performance management activities of 

2 Federal agencies. 

3 SEC. 3. AGENCY DEFINED. 

4 In this Act, the term ‘‘agency’’ means an executive 

5 agency as defined in section 306 of title 5, United States 

6 Code. 

7 SEC. 4. SENSE OF CONGRESS REGARDING THE NEED FOR 

8 INCREASED CONSULTATION BETWEEN CON9 GRESS AND FEDERAL AGENCIES ON PER10 FORMANCE MANAGEMENT ISSUES. 

11 It is the sense of Congress that the head of each Fed12 eral agency should make every effort to consult with the 

13 committees with jurisdiction over the agency and other in14 terested members of Congress each fiscal year regarding 

15 the performance plan and priorities of the agency (re16 quired by sections 1115 and 1120 of title 31, United 

17 States Code). 

18 SEC. 5. PERFORMANCE ASSESSMENTS. 

19 (a) REQUIREMENT FOR PERFORMANCE ASSESS20 MENTS.—Chapter 11 of title 31, United States Code, is 

21 amended by adding at the end the following new section: 

22 ‘‘§ 1120. Performance assessments 

23 ‘‘(a) IDENTIFICATION OF HIGH-PRIORITY PERFORM24 ANCE GOALS.—For the purpose of improving agency per25 formance, the head of each Federal agency, in consultation 


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1 with the Director of the Office of Management and Budg2 et, shall identify near-term and long-term high-priority 

3 goals for purposes of this section. In identifying such 

4 goals, the head of the agency shall— 

5 ‘‘(1) rely on the agency’s mission, strategic plan 

6 and objectives, and statutory directives; 

7 ‘‘(2) consult with Congress, including each ap8 propriate committee of Congress; 

9 ‘‘(3) select goals that— 

10 ‘‘(A) clearly identify agency priorities and 

11 have performance outcomes that can be clearly 

12 and objectively assessed and measured; 

13 ‘‘(B) are ambitious targets that have high 

14 direct value to the public; 

15 ‘‘(C) involve indicators for which the agen16 cy can collect reliable and timely data that may 

17 be used in performance assessments to measure 

18 progress and adjust strategies; and 

19 ‘‘(D) involve multiple programs, including 

20 programs within and across multiple agencies 

21 that are performing similar functions, serve 

22 similar populations, have similar purposes, or 

23 share common objectives, for purposes of identi24 fying common challenges, exemplary goals and 

25 practices, common measures of performance, 


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1 and potential opportunities for more effective 

2 and efficient means of achieving goals, includ3 ing through the integration and consolidation of 

4 Federal functions; and 

5 ‘‘(4) with respect to a subcomponent of the 

6 agency, ensure the goals are consistent with the 

7 goals of the entire agency. 

8 ‘‘(b) PERFORMANCE ASSESSMENTS.—The head of 

9 each Federal agency, in consultation with the Director of 

10 the Office of Management and Budget, shall, not less 

11 often than quarterly for high-priority goals identified in 

12 subsection (a), and on a semi-annual basis for perform13 ance goals established pursuant to section 1115(a)(1) of 

14 this title— 

15 ‘‘(1) assess progress toward achieving the goals 

16 identified under subsection (a) and toward achieving 

17 the annual performance goals for each program ac18 tivity established pursuant to section 1115(a)(1) of 

19 this title; 

20 ‘‘(2) assess whether relevant agency programs 

21 and initiatives are contributing as expected toward 

22 the goals identified under subsection (a) and the an23 nual performance goals for each program activity es24 tablished pursuant to section 1115(a)(1) of this title; 

25 and 


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1 ‘‘(3) identify prospects and strategies for per2 formance improvement, including any needed 

3 changes to agency programs or initiatives. 

4 ‘‘(c) PERFORMANCE ASSESSMENT REQUIRE5 MENTS.—In conducting an assessment of agency progress 

6 toward achieving the goals identified under subsection (a) 

7 and toward achieving the annual performance goals for 

8 each program activity established pursuant to section 

9 1115(a)(1) of this title, the head of a Federal agency, in 

10 consultation with the Director of the Office of Manage11 ment and Budget, shall— 

12 ‘‘(1) coordinate with relevant personnel within 

13 and outside the agency who contribute to the accom14 plishment of the goals; and 

15 ‘‘(2) encourage innovation and hold leaders and 

16 managers accountable for effective and efficient im17 plementation based on evidence and continuing anal18 ysis of experience. 

19 ‘‘(d) TRANSPARENCY OF GOALS AND PERFORMANCE

20 ASSESSMENTS.—The Director of the Office of Manage21 ment and Budget shall— 

22 ‘‘(1) make available, as part of the President’s 

23 budget submission and through the Office of Man24 agement and Budget website and other relevant 


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1 websites, and provide to the congressional commit2 tees described in subsection (i)— 

3 ‘‘(A) a list of goals identified under sub4 section (a) and reviewed by the Director; 

5 ‘‘(B) consistent with section 1115 of this 

6 title, annual goals defined by objectively meas7 urable outcomes for each program administered 

8 in whole or in part by the agency; 

9 ‘‘(C) the methods that will be used to 

10 make progress toward achieving the goals iden11 tified under subparagraphs (A) and (B); 

12 ‘‘(D) the expected contribution that dif13 ferent agency programs and initiatives will 

14 make toward achieving the goals identified 

15 under subparagraphs (A) and (B) and the ex16 pected timeline for achieving those goals; and 

17 ‘‘(E) the approach that will be used by 

18 agencies to assess progress toward achieving 

19 the goals identified under subparagraphs (A) 

20 and (B); 

21 ‘‘(2) provide a mechanism for interested per22 sons, including the general public and members and 

23 committees of Congress, to submit comments on the 

24 goals being assessed under subsection (a) and the 

25 annual performance goals for each program activity 


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

2 title and the methods that will be used to make 

3 progress toward achieving those goals; 

4 ‘‘(3) provide a mechanism for agency delivery to 

5 and consideration of comments provided under para6 graph (2) by each relevant agency and adjustment 

7 of goals under subsection (a) and the annual per8 formance goals for each program activity established 

9 pursuant to section 1115(a)(1) of this title based on 

10 the comments, with approval of the Director; and 

11 ‘‘(4) make available through the Office of Man12 agement and Budget website a summary of com13 ments received under paragraph (2), any adjustment 

14 of goals under paragraph (3), and any changes to 

15 goals required by the Office of Management and 

16 Budget. 

17 ‘‘(e) TRANSPARENCY OF PERFORMANCE RESULTS.— 

18 (1) The head of an agency shall ensure that all results 

19 of the assessments conducted under this section by the 

20 agency during a fiscal year shall be readily accessible to 

21 and easily found on the Internet by the public and mem22 bers and committees of Congress in a searchable, machine 

23 readable format, in accordance with guidance provided by 

24 the Director of the Office of Management and Budget that 

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1 sents a coherent picture of the performance of Federal 

2 agencies. At a minimum, the results of the assessments 

3 conducted under this section shall be available on the 

4 website of the Office of Management and Budget and also 

5 may be made available on any other website considered 

6 appropriate by the agency or the Director. The Director 

7 shall also notify the appropriate committees of Congress 

8 when quarterly assessments become available on the Inter9 net. 

10 ‘‘(2) The performance information related to the as11 sessments of goals in this section and section 1115 of this 

12 title shall— 

13 ‘‘(A) include— 

14 ‘‘(i) a brief summary of the problem or op15 portunity being addressed and reasons for iden16 tifying these agency goals as well as key find17 ings of the assessments; 

18 ‘‘(ii) a list of each program and agency 

19 contributing to achievement of the goal and the 

20 time frame for such contributions; 

21 ‘‘(iii) an assessment of the quality of the 

22 performance measures, and the extent to which 

23 necessary performance data are collected; 

24 ‘‘(iv) a description of how leaders and 

25 managers are held accountable for achieving 


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1 program results, and the extent to which strong 

2 financial management tools are in place; 

3 ‘‘(v) contextual indicators that provide a 

4 sense of external factors that can influence per5 formance trends related to key outcomes; 

6 ‘‘(vi) as appropriate, indicators that pro7 vide information about the population being 

8 served and to the extent possible, the impact on 

9 disadvantaged and minority communities and 

10 individuals; 

11 ‘‘(vii) factors affecting the performance of 

12 programs, projects, and activities and how they 

13 are impeding or contributing to failures or suc14 cesses of the programs, projects, and activities, 

15 and the reasons for any substantial variation 

16 from the targeted level of achievement of the 

17 goals; 

18 ‘‘(viii) the process used by the agency to 

19 assess progress made toward achieving the 

20 goals; and 

21 ‘‘(ix) such other items and adjustments as 

22 may be specified by the Director; 

23 ‘‘(B) describe the extent to which any trends, 

24 developments, or emerging conditions affect the need 


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1 to change the mission of programs being carried out 

2 to achieve the goal; 

3 ‘‘(C) identify, as part of any performance as4 sessment, practices that resulted in positive out5 comes, and the key reasons why such practices re6 sulted in positive outcomes; and 

7 ‘‘(D) include recommendations for actions to 

8 improve results, including opportunities that might 

9 exist for the coordination, consolidation, or integra10 tion of programs to improve service or generate cost 

11 savings. 

12 ‘‘(3) The head of each agency shall— 

13 ‘‘(A) use, as necessary and appropriate, a vari14 ety of assessment methods to support performance 

15 assessments, including methods contained in reports 

16 from evaluation centers, in assessments by States, 

17 and in available Federal program assessments; 

18 ‘‘(B) maintain an archive of information re19 quired to be disclosed under this section that is, to 

20 the maximum extent practicable, readily available, 

21 accessible, and easily found by the public; and 

22 ‘‘(C) consider the relevant comments submitted 

23 under subsection (d)(2). 

24 ‘‘(f) CLASSIFIED INFORMATION.—(1) With respect to 

25 performance assessments conducted during a fiscal year 


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1 that contain classified information, the President shall 

2 submit— 

3 ‘‘(A) each quarterly performance assessment 

4 (including the classified information), to the appro5 priate committees of Congress; and 

6 ‘‘(B) an appendix containing a list of each af7 fected goal and the committees to which a copy of 

8 the performance assessment was submitted under 

9 subparagraph (A), to the congressional committees 

10 described in subsection (i). 

11 ‘‘(2) Upon request from a congressional committee 

12 described in subsection (i), the Director of the Office of 

13 Management and Budget shall provide to the Committee 

14 a copy of— 

15 ‘‘(A) any performance assessment described in 

16 subparagraph (A) of paragraph (1) (including any 

17 assessment not listed in any appendix submitted 

18 under subparagraph (B) of such paragraph); and 

19 ‘‘(B) any appendix described in subparagraph 

20 (B) of paragraph (1). 

21 ‘‘(3) In this subsection, the term ‘classified informa22 tion’ refers to matters described in section 552(b)(1)(A) 

23 of title 5. 

24 ‘‘(g) INHERENTLY GOVERNMENTAL FUNCTIONS.— 

25 The functions and activities authorized or required by this 


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1 section shall be considered inherently governmental func2 tions and shall be performed only by Federal employees. 

3 ‘‘(h) REPORT STREAMLINING.—To eliminate redun4 dancy, the head of an agency may determine each year, 

5 subject to the approval of the Director of the Office of 

6 Management and Budget and provided that it meets the 

7 requirements of this section and sections 1115, 1116, 

8 1117, 1121, and the first 9703 of this title, that the per9 formance information provided to the public on the Inter10 net is sufficient to meet the planning and reporting re11 quirements of such sections. 

12 ‘‘(i) CONGRESSIONAL COMMITTEES.—The congres13 sional committees described in this subsection are the fol14 lowing: 

15 ‘‘(1) The Committee on Oversight and Govern16 ment Reform of the House of Representatives. 

17 ‘‘(2) The Committee on Homeland Security and 

18 Governmental Affairs of the Senate. 

19 ‘‘(3) The Committees on Appropriations of the 

20 House of Representatives and the Senate. 

21 ‘‘(4) The Committees on the Budget of the 

22 House of Representatives and the Senate. 

23 ‘‘(j) DEFINITIONS.—In this section: 

24 ‘‘(1) AGENCY PERFORMANCE IMPROVEMENT

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1 ment officer’ means a senior executive of an agency 

2 who is designated by the head of the agency, and re3 ports to the head of the agency, the agency Deputy 

4 Secretary, or such other agency official designated 

5 by the head of the agency, to carry out the require6 ments of this section. 

7 ‘‘(2) PERFORMANCE INFORMATION.—The term 

8 ‘performance information’ means the results of as9 sessments conducted under this section. 

10 ‘‘(k) CONSTRUCTION.—Nothing in this section shall 

11 be construed as requiring the head of an agency to per12 form impact evaluations that estimate quantitatively, for 

13 one or more variables, the effect a program or policy had 

14 compared to what may have otherwise happened.’’. 

15 (b) PERFORMANCE ASSESSMENTS TO BE CONSID16 ERED IN EVALUATING SENIOR EXECUTIVES.—Section 

17 4313 of title 5, United States Code, is amended (in the 

18 matter before paragraph (1)) by striking ‘‘organizational 

19 performance,’’ and inserting the following: ‘‘organizational 

20 performance (including such reviews of agency perform21 ance, conducted under section 1120 of title 31, as are rel22 evant),’’. 

23 (c) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of chapter 11 of title 31, United States 

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

‘‘1120. Performance assessments.’’. 


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1 SEC. 6. STRATEGIC PLANNING AMENDMENTS. 

2 (a) CHANGE IN DEADLINE FOR STRATEGIC PLAN.— 

3 Subsection (a) of section 306 of title 5, United States 

4 Code, is amended by striking ‘‘No later than September 

5 30, 1997,’’ and inserting ‘‘Not later than September 30 

6 of the second year following a year in which an election 

7 for President occurs, beginning with September 30, 

8 2010,’’. 

9 (b) CHANGE IN PERIOD OF COVERAGE OF STRA10 TEGIC PLAN.—Subsection (b) of section 306 of title 5, 

11 United States Code, is amended to read as follows: 

12 ‘‘(b) Each strategic plan shall cover the four-year pe13 riod beginning on October 1 of the second year following 

14 a year in which an election for President occurs.’’. 

15 SEC. 7. IMPROVING GOVERNMENT PERFORMANCE. 

16 (a) IMPROVING GOVERNMENT PERFORMANCE.— 

17 Chapter 11 of title 31, United States Code, as amended 

18 by section 5, is further amended by adding at the end the 

19 following new section: 

20 ‘‘§ 1121. Improving Government performance 

21 ‘‘(a) DUTIES OF AGENCY PERFORMANCE IMPROVE22 MENT OFFICERS.—Subject to the direction of the head of 

23 the agency, each agency performance improvement officer 

24 shall— 

25 ‘‘(1) advise and assist the head of the executive 

26 agency and other agency officials to ensure that the 


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1 mission of the executive agency is achieved through 

2 performance planning, measurement, analysis, and 

3 regular assessment of progress, including the re4 quirements of this section and sections 1115, 1116, 

5 1117, 1120, and the first 9703 of this title and sec6 tion 306 of title 5; 

7 ‘‘(2) advise the head of the agency on the selec8 tion of agency goals, including opportunities to col9 laborate with other agencies on common goals, and 

10 on whether— 

11 ‘‘(A) the performance targets required 

12 under section 1115 of this title and the stra13 tegic plans required under section 306 of title 

14 5 are— 

15 ‘‘(i) sufficiently aggressive toward full 

16 achievement of the purposes of the agency; 

17 and 

18 ‘‘(ii) realistic in light of authority and 

19 resources provided for operations; and 

20 ‘‘(B) means for measurement of progress 

21 toward achievement of the goals are sufficiently 

22 rigorous, aligned to outcomes, useful, and accu23 rate as appropriate to the intended use of the 

24 measures; 


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1 ‘‘(3) support the head of the agency, agency 

2 Deputy Secretary, or such other agency senior offi3 cial designated by the head of the agency in the con4 duct of at least quarterly performance assessments, 

5 while strengthening the performance management 

6 activities of the entire agency (including subcompo7 nents) through at least quarterly performance as8 sessments to— 

9 ‘‘(A) assess progress toward achievement 

10 of the goals administered in whole or in part by 

11 the agency, as well as any goals common to 

12 that agency and other agencies; 

13 ‘‘(B) identify factors affecting progress 

14 and benchmarking comparisons; 

15 ‘‘(C) consider actions to improve the per16 formance and efficiency of programs, projects, 

17 and activities; and 

18 ‘‘(D) hold leaders and managers account19 able for effective and efficient implementation 

20 and for adjusting agency actions based on 

21 evolving evidence; 

22 ‘‘(4) assist the head of the agency in the devel23 opment and use within the agency of performance 

24 measures in personnel performance appraisals, and, 


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1 as appropriate, other agency personnel and planning 

2 processes and assessments; 

3 ‘‘(5) assist the head of the agency in overseeing 

4 the implementation required under section 1120 of 

5 this title; 

6 ‘‘(6) ensure that agency progress toward 

7 achievement of all goals is communicated to leaders, 

8 managers, and employees in the agency and Con9 gress, and made public on the Internet; and 

10 ‘‘(7) provide training for agency managers, pro11 gram directors, supervisors, and employees on how 

12 to use performance targets, measure key perform13 ance indicators, assess programs, and analyze data 

14 to improve performance. 

15 ‘‘(b) ESTABLISHMENT AND OPERATION OF PER16 FORMANCE IMPROVEMENT COUNCIL.— 

17 ‘‘(1) There is established in the executive 

18 branch a Performance Improvement Council. 

19 ‘‘(2) The Performance Improvement Council 

20 shall consist exclusively of— 

21 ‘‘(A) the Deputy Director for Management 

22 of the Office of Management and Budget, who 

23 shall serve as Chair; 


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1 ‘‘(B) such agency performance improve2 ment officers as determined appropriate by the 

3 Chair; and 

4 ‘‘(C) such other permanent employees of 

5 an agency as determined appropriate by the 

6 Chair in consultation with the agency con7 cerned. 

8 ‘‘(3) The Chair or the Chair’s designee shall 

9 convene and preside at the meetings of the Perform10 ance Improvement Council, determine its agenda, di11 rect its work, and establish and direct subgroups of 

12 the Performance Improvement Council, as appro13 priate to deal with particular subject matters. 

14 ‘‘(4) To assist in implementing the require15 ments of sections 1105, 1115, 1116, 1117, 1120, 

16 and the first 9703 of this title and section 306 of 

17 title 5, the Performance Improvement Council 

18 shall— 

19 ‘‘(A) develop and submit to the Director of 

20 the Office of Management and Budget, or when 

21 appropriate to the President through the Direc22 tor of the Office of Management and Budget, at 

23 times and in such formats as the Chair may 

24 specify, recommendations concerning— 


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1 ‘‘(i) performance management policies 

2 and requirements; 

3 ‘‘(ii) criteria for assessment of pro4 gram, project, and activity performance; 

5 and 

6 ‘‘(iii) how the goals required by sec7 tion 1120(a) of this title can inform the 

8 Federal Government performance plan re9 quired by section 1105(a)(28) of this title, 

10 and lead to improved results from and 

11 interagency coordination of programs that 

12 perform similar functions; 

13 ‘‘(B) facilitate the exchange among agen14 cies of information on performance manage15 ment, including strategic and annual planning 

16 and reporting, to accelerate improvements in 

17 performance; 

18 ‘‘(C) monitor the performance assessment 

19 process required under section 1120 of this 

20 title; 

21 ‘‘(D) facilitate keeping members and com22 mittees of Congress and the public informed, 

23 and with such assistance of heads of agencies 

24 and agency performance improvement officers 

25 as the Director of the Office of Management 


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1 and Budget may require, provide members and 

2 committees of Congress and the public with in3 formation on the Internet on how well each 

4 agency performs and that serves as a com5 prehensive source of information on— 

6 ‘‘(i) agency strategic plans; 

7 ‘‘(ii) annual performance plans and 

8 annual performance reports; 

9 ‘‘(iii) performance information re10 quired under section 1120 (d) of this title; 

11 ‘‘(iv) the status of the implementation 

12 of performance assessments required under 

13 section 1120 of this title; 

14 ‘‘(v) relevant impact and process as15 sessments; and 

16 ‘‘(vi) consistent with the direction of 

17 the head of the agency concerned after 

18 consultation with the Director of the Office 

19 of Management and Budget, any publicly 

20 available reports by the agency’s Inspector 

21 General concerning agency program per22 formance; 

23 ‘‘(E) monitor implementation by agencies 

24 of the policy set forth in sections 1115, 1116, 

25 1117, 1120, and the first 9703 of this title and 


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1 section 306 of title 5 and report thereon from 

2 time to time as appropriate to the Director of 

3 the Office of Management and Budget, or when 

4 appropriate to the President through the Direc5 tor of the Office of Management and Budget, at 

6 such times and in such formats as the Chair 

7 may specify, together with any recommenda8 tions of the Council for more effective imple9 mentation of such policy; 

10 ‘‘(F) obtain information and advice, as ap11 propriate, in a manner that seeks individual ad12 vice and does not involve collective judgment or 

13 consensus advice or deliberation, from— 

14 ‘‘(i) State, local, territorial, and tribal 

15 officials; 

16 ‘‘(ii) representatives of entities or 

17 other individuals; and 

18 ‘‘(iii) members and committees of 

19 Congress; 

20 ‘‘(G) coordinate with other interagency 

21 management councils; and 

22 ‘‘(H) make recommendations to Congress 

23 on duplicative, unused, or outdated performance 

24 policies or reporting requirements. 


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1 ‘‘(5)(A) The Administrator of General Services 

2 shall provide administrative and other support for 

3 the Council to implement this section. 

4 ‘‘(B) The heads of agencies shall provide, as ap5 propriate and to the extent permitted by law, such 

6 information and assistance as the Chair may request 

7 to implement this section. 

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

9 Council— 

10 ‘‘(1) shall develop a website for Federal agency 

11 performance information; 

12 ‘‘(2) shall link program performance informa13 tion to program spending information on the website 

14 www.USASpending.gov; and 

15 ‘‘(3) shall submit a report to Congress on the 

16 feasibility of creating a single web-based platform 

17 for all Government spending information and all 

18 program performance information.’’. 

19 (b) GUIDANCE.—Not later than 6 months after the 

20 date of the enactment of this Act, the Director of the Of21 fice of Management and Budget shall prescribe guidance 

22 to implement the requirements of section 1120 and 1121 

23 of title 31, United States Code, as added by subsection 

24 (a). 

25 (c) CONFORMING AND CLERICAL AMENDMENTS.— 


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1 (1) Section 1115(g) of title 31, United States 

2 Code, is amended by striking ‘‘1119’’ and inserting 

3 ‘‘1121’’. 

4 (2) The table of sections at the beginning of 

5 chapter 11 of title 31, United States Code, is 

6 amended by adding at the end the following: 

‘‘1121. Improving Government performance.’’. 

7 SEC. 8. ASSESSMENTS AND REPORTS. 

8 (a) ASSESSMENTS.— 

9 (1) IN GENERAL.—No less frequently than the 

10 first, third, and fifth year after the date of the en11 actment of this Act, and thereafter every three years 

12 and at such other times as may be requested by 

13 Congress, the Comptroller General of the United 

14 States shall assess the implementation of this Act by 

15 the Director of the Office of Management and Budg16 et and the agencies described in section 901(b) of 

17 title 31, United States Code, with emphasis on the 

18 matters specified in paragraph (2). 

19 (2) MATTERS TO BE ASSESSED.—The matters 

20 to be assessed under paragraph (1) shall include, 

21 with respect to the fiscal year covered by the assess22 ment: 

23 (A) Whether the selection of goals, identi24 fied pursuant to section 1120(a) of title 31, 

25 United States Code, as added by section 5, and 


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1 established pursuant to section 1115 of such 

2 title, is tied to performance outcomes that can 

3 be objectively assessed and measured and have 

4 a high direct value to the public. 

5 (B) The use of agency performance goals 

6 and measures and program assessments to im7 prove performance and ensure taxpayer dollars 

8 are spent in an efficient and effective manner, 

9 including the need to streamline or enhance 

10 Federal programs or initiatives to maximize the 

11 likelihood of accomplishing such performance 

12 goals. 

13 (C) The use of agency performance goals, 

14 identified pursuant to section 1120(a) of title 

15 31, United States Code, as added by section 5, 

16 and established pursuant to section 1115 of 

17 such title, and measures to clearly communicate 

18 performance priorities and results to the public. 

19 (D) How any revision of goals, identified 

20 pursuant to section 1120(a) of title 31, United 

21 States Code, as added by section 5, and estab22 lished pursuant to section 1115 of such title, 

23 has contributed to the effectiveness of agency 

24 and program performance. 


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1 (E) The tracking of program performance 

2 toward achieving identified goals and the con3 tribution of such tracking to agency perform4 ance improvement. 

5 (F) The use of input from Congress and 

6 the public in the assessment of programs and in 

7 the identification and assessment of goals. 

8 (G) The use of the archive of information 

9 referred to in section 1120(e)(3)(B) of title 31, 

10 United States Code, to create a coherent, longi11 tudinal picture of the performance of agencies 

12 and programs over time. 

13 (H) Best practices of agencies. 

14 (I) Whether the annual performance plan 

15 established pursuant to section 1115 of title 31, 

16 United States Code, conforms with the require17 ments for such plans described in paragraphs 

18 (1) through (11) of section 1115(a) of such 

19 title. 

20 (J) The progress each agency has made in 

21 achieving the goals identified pursuant to sec22 tion 1120(a) of title 31, United States Code, as 

23 added by section 5, and established pursuant to 

24 section 1115 of such title. 


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1 (b) REPORTS.—The Comptroller General shall con2 sult with the Inspectors General when evaluating program 

3 and agency performance and shall submit to Congress a 

4 report on the results of each assessment conducted under 

5 subsection (a). The report shall include a list of rec6 ommendations on ways to improve the performance as7 sessment and communication process and the operations 

8 of agency performance improvement officers and the Per9 formance Improvement Council. 

10 (c) EFFECTIVENESS ASSESSMENT.—With respect to 

11 the assessment conducted under subsection (a) in the 

12 third year after the date of the enactment of this Act, the 

13 Comptroller General shall include in the report relating 

14 to such assessment submitted to Congress under this sec15 tion the following: 

16 (1) An assessment of the effectiveness of this 

17 Act, and the amendments made by this Act. 

18 (2) The impact of this Act on sections 1115, 

19 1116, 1117, and the first 9703 of title 31, United 

20 States Code, and section 306 of title 5, United 

21 States Code. 

22 (3) Any recommendations for improving the ef23 fectiveness of sections 1115, 1116, 1117, and the 

24 first 9703 of title 31, United States Code, and secVerDate Mar 15 2010 00:35 Jun 18, 2010 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2142.RFS H2142

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1 tion 306 of title 5, United States Code and reducing 

2 duplication. 

3 SEC. 9. ADDITIONS TO PERFORMANCE PLAN. 

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

5 amended— 

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

7 (2) in paragraph (6), by striking the period and 

8 inserting ‘‘; and’’; and 

9 (3) by inserting after paragraph (6) the fol10 lowing new paragraphs: 

11 ‘‘(7) describe the existence and current scope of 

12 the problem that the program is intended to address, 

13 defined as an outcome that addresses the needs of 

14 the American people, not an input (such as staffing 

15 or resources expended) or an intermediate goal (such 

16 as teachers or police hired); 

17 ‘‘(8) to the extent practicable, take into account 

18 the other efforts (if any) being made in Federal, 

19 State or local governments or the private sector to 

20 address the problem described under paragraph (7) 

21 and the relative cost-effectiveness of such efforts; 

22 ‘‘(9) if the program is not new, describe the 

23 amount of funds expended in the previous year and 

24 state the progress made in the previous year toward 

25 solving the problem described under paragraph (7), 


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1 including evidence of whether the problem is increas2 ing, decreasing, or staying the same; 

3 ‘‘(10) describe the specific level of improvement 

4 expected to be made toward addressing the problem 

5 described under paragraph (7); and 

6 ‘‘(11) state the long-term goal for the program 

7 and when that goal is expected to be achieved or the 

8 problem described under paragraph (7) reduced to 

9 an acceptable level.’’. 

10 SEC. 10. SAVINGS. 

11 Any savings or reductions in expenditures generated 

12 by this Act shall be used to offset the costs of implementa13 tion of this Act and any additional savings shall be used 

14 to offset the deficit. 

15 SEC. 11. FUNDING. 

16 Agencies shall fund the reporting requirements of 

17 this Act out of existing budgets and are authorized to 

18 make necessary reprogramming of funds. 

Passed the House of Representatives June 16, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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