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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2142 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                     December 16, 2010.
    Resolved, That the bill from the House of Representatives (H.R. 
2142) entitled ``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.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``GPRA Modernization 
Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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 Reducing duplicative and outdated agency reporting.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

SEC. 2. STRATEGIC PLANNING AMENDMENTS.

    Chapter 3 of title 5, United States Code, is amended by striking 
section 306 and inserting the following:
``Sec. 306. Agency strategic plans
    ``(a) Not later than the first Monday in February of any year 
following the year in which the term of the President commences under 
section 101 of title 3, the head of each agency shall make available on 
the public website of the agency a strategic plan and notify the 
President and Congress of its availability. Such plan shall contain--
            ``(1) a comprehensive mission statement covering the major 
        functions and operations of the agency;
            ``(2) general goals and objectives, including outcome-
        oriented goals, for the major functions and operations of the 
        agency;
            ``(3) a description of how any goals and objectives 
        contribute to the Federal Government priority goals required by 
        section 1120(a) of title 31;
            ``(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:
``Sec. 1115. Federal Government and agency performance plans
    ``(a) Federal Government Performance Plans.--In carrying out the 
provisions of section 1105(a)(28), the Director of the Office of 
Management and Budget shall coordinate with agencies to develop the 
Federal Government performance plan. In addition to the submission of 
such plan with each budget of the United States Government, the 
Director of the Office of Management and Budget shall ensure that all 
information required by this subsection is concurrently made available 
on the website provided under section 1122 and updated periodically, 
but no less than annually. The Federal Government performance plan 
shall--
            ``(1) establish Federal Government performance goals to 
        define the level of performance to be achieved during the year 
        in which the plan is submitted and the next fiscal year for 
        each of the Federal Government priority goals required under 
        section 1120(a) of this title;
            ``(2) identify the agencies, organizations, program 
        activities, regulations, tax expenditures, policies, and other 
        activities contributing to each Federal Government performance 
        goal during the current fiscal year;
            ``(3) for each Federal Government performance goal, 
        identify a lead Government official who shall be responsible 
        for coordinating the efforts to achieve the goal;
            ``(4) establish common Federal Government performance 
        indicators with quarterly targets to be used in measuring or 
        assessing--
                    ``(A) overall progress toward each Federal 
                Government performance goal; and
                    ``(B) the individual contribution of each agency, 
                organization, program activity, regulation, tax 
                expenditure, policy, and other activity identified 
                under paragraph (2);
            ``(5) establish clearly defined quarterly milestones; and
            ``(6) identify major management challenges that are 
        Governmentwide or crosscutting in nature and describe plans to 
        address such challenges, including relevant performance goals, 
        performance indicators, and milestones.
    ``(b) Agency Performance Plans.--Not later than the first Monday in 
February of each year, the head of each agency shall make available on 
a public website of the agency, and notify the President and the 
Congress of its availability, a performance plan covering each program 
activity set forth in the budget of such agency. Such plan shall--
            ``(1) establish performance goals to define the level of 
        performance to be achieved during the year in which the plan is 
        submitted and the next fiscal year;
            ``(2) express such goals in an objective, quantifiable, and 
        measurable form unless authorized to be in an alternative form 
        under subsection (c);
            ``(3) describe how the performance goals contribute to--
                    ``(A) the general goals and objectives established 
                in the agency's strategic plan required by section 
                306(a)(2) of title 5; and
                    ``(B) any of the Federal Government performance 
                goals established in the Federal Government performance 
                plan required by subsection (a)(1);
            ``(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--
                    ``(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;
            ``(7) `outcome measure' means an assessment of the results 
        of a program activity compared to its intended purpose;
            ``(8) `output measure' means the tabulation, calculation, 
        or recording of activity or effort that can be expressed in a 
        quantitative or qualitative manner;
            ``(9) `performance goal' means a target level of 
        performance expressed as a tangible, measurable objective, 
        against which actual achievement can be compared, including a 
        goal expressed as a quantitative standard, value, or rate;
            ``(10) `performance indicator' means a particular value or 
        characteristic used to measure output or outcome;
            ``(11) `program activity' means a specific activity or 
        project as listed in the program and financing schedules of the 
        annual budget of the United States Government; and
            ``(12) `program evaluation' means an assessment, through 
        objective measurement and systematic analysis, of the manner 
        and extent to which Federal programs achieve intended 
        objectives.''.

SEC. 4. PERFORMANCE REPORTING AMENDMENTS.

    Chapter 11 of title 31, United States Code, is amended by striking 
section 1116 and inserting the following:
``Sec. 1116. Agency performance reporting
    ``(a) The head of each agency shall make available on a public 
website of the agency and to the Office of Management and Budget an 
update on agency performance.
    ``(b)(1) Each update shall compare actual performance achieved with 
the performance goals established in the agency performance plan under 
section 1115(b) and shall occur no less than 150 days after the end of 
each fiscal year, with more frequent updates of actual performance on 
indicators that provide data of significant value to the Government, 
Congress, or program partners at a reasonable level of administrative 
burden.
    ``(2) If performance goals are specified in an alternative form 
under section 1115(c), the results shall be described in relation to 
such specifications, including whether the performance failed to meet 
the criteria of a minimally effective or successful program.
    ``(c) Each update shall--
            ``(1) review the success of achieving the performance goals 
        and include actual results for the 5 preceding fiscal years;
            ``(2) evaluate the performance plan for the current fiscal 
        year relative to the performance achieved toward the 
        performance goals during the period covered by the update;
            ``(3) explain and describe where a performance goal has not 
        been met (including when a program activity's performance is 
        determined not to have met the criteria of a successful program 
        activity under section 1115(c)(1)(A)(ii) or a corresponding 
        level of achievement if another alternative form is used)--
                    ``(A) why the goal was not met;
                    ``(B) those plans and schedules for achieving the 
                established performance goal; and
                    ``(C) if the performance goal is impractical or 
                infeasible, why that is the case and what action is 
                recommended;
            ``(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
            ``(B) describe any additional funding the agency will 
        obligate to achieve the goal, if such an action is determined 
        appropriate in consultation with the Director of the Office of 
        Management and Budget, for an amount determined appropriate by 
        the Director.
    ``(2) In providing additional funding described under paragraph 
(1)(B), the head of the agency shall use any reprogramming or transfer 
authority available to the agency. If after exercising such authority 
additional funding is necessary to achieve the level determined 
appropriate by the Director of the Office of Management and Budget, the 
head of the agency shall submit a request to Congress for additional 
reprogramming or transfer authority.
    ``(i) If an agency's programs or activities have not met 
performance goals as determined by the Office of Management and Budget 
for 3 consecutive fiscal years, the Director of the Office of 
Management and Budget shall submit recommendations to Congress on 
actions to improve performance not later than 60 days after that 
determination, including--
            ``(1) reauthorization proposals for each program or 
        activity that has not met performance goals;
            ``(2) proposed statutory changes necessary for the program 
        activities to achieve the proposed level of performance on each 
        performance goal; and
            ``(3) planned executive actions or identification of the 
        program for termination or reduction in the President's 
        budget.''.

SEC. 5. FEDERAL GOVERNMENT AND AGENCY PRIORITY GOALS.

    Chapter 11 of title 31, United States Code, is amended by adding 
after section 1119 the following:
``Sec. 1120. Federal Government and agency priority goals
    ``(a) Federal Government Priority Goals.--
            ``(1) The Director of the Office of Management and Budget 
        shall coordinate with agencies to develop priority goals to 
        improve the performance and management of the Federal 
        Government. Such Federal Government priority goals shall 
        include--
                    ``(A) outcome-oriented goals covering a limited 
                number of crosscutting policy areas; and
                    ``(B) goals for management improvements needed 
                across the Federal Government, including--
                            ``(i) financial management;
                            ``(ii) human capital management;
                            ``(iii) information technology management;
                            ``(iv) procurement and acquisition 
                        management; and
                            ``(v) real property management;
            ``(2) The Federal Government priority goals shall be long-
        term in nature. At a minimum, the Federal Government priority 
        goals shall be updated or revised every 4 years and made 
        publicly available concurrently with the submission of the 
        budget of the United States Government made in the first full 
        fiscal year following any year in which the term of the 
        President commences under section 101 of title 3. As needed, 
        the Director of the Office of Management and Budget may make 
        adjustments to the Federal Government priority goals to reflect 
        significant changes in the environment in which the 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 pursuant to such Executive order, the head 
        of the agency shall make such information available in the 
        classified appendix provided under section 1115(e).
    ``(c) The functions and activities of this section shall be 
considered to be inherently governmental functions. The development of 
Federal Government and agency priority goals shall be performed only by 
Federal employees.''.

SEC. 6. QUARTERLY PRIORITY PROGRESS REVIEWS AND USE OF PERFORMANCE 
              INFORMATION.

    Chapter 11 of title 31, United States Code, is amended by adding 
after section 1120 (as added by section 5 of this Act) the following:
``Sec. 1121. Quarterly priority progress reviews and use of performance 
              information
    ``(a) Use of Performance Information To Achieve Federal Government 
Priority Goals.--Not less than quarterly, the Director of the Office of 
Management and Budget, with the support of the Performance Improvement 
Council, shall--
            ``(1) for each Federal Government priority goal required by 
        section 1120(a) of this title, review with the appropriate lead 
        Government official the progress achieved during the most 
        recent quarter, overall trend data, and the likelihood of 
        meeting the planned level of performance;
            ``(2) include in such reviews officials from the agencies, 
        organizations, and program activities that contribute to the 
        accomplishment of each Federal Government priority goal;
            ``(3) assess whether agencies, organizations, program 
        activities, regulations, tax expenditures, policies, and other 
        activities are contributing as planned to each Federal 
        Government priority goal;
            ``(4) categorize the Federal Government priority goals by 
        risk of not achieving the planned level of performance; and
            ``(5) for the Federal Government priority goals at greatest 
        risk of not meeting the planned level of performance, identify 
        prospects and strategies for performance improvement, including 
        any needed changes to agencies, organizations, program 
        activities, regulations, tax expenditures, policies or other 
        activities.
    ``(b) Agency Use of Performance Information To Achieve Agency 
Priority Goals.--Not less than quarterly, at each agency required to 
develop agency priority goals required by section 1120(b) of this 
title, the head of the agency and Chief Operating Officer, with the 
support of the agency Performance Improvement Officer, shall--
            ``(1) for each agency priority goal, review with the 
        appropriate goal leader the progress achieved during the most 
        recent quarter, overall trend data, and the likelihood of 
        meeting the planned level of performance;
            ``(2) coordinate with relevant personnel within and outside 
        the agency who contribute to the accomplishment of each agency 
        priority goal;
            ``(3) assess whether relevant organizations, program 
        activities, regulations, policies, and other activities are 
        contributing as planned to the agency priority goals;
            ``(4) categorize agency priority goals by risk of not 
        achieving the planned level of performance; and
            ``(5) for agency priority goals at greatest risk of not 
        meeting the planned level of performance, identify prospects 
        and strategies for performance improvement, including any 
        needed changes to agency program activities, regulations, 
        policies, or other activities.''.

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

    Chapter 11 of title 31, United States Code, is amended by adding 
after section 1121 (as added by section 6 of this Act) the following:
``Sec. 1122. Transparency of programs, priority goals, and results
    ``(a) Transparency of Agency Programs.--
            ``(1) In general.--Not later than October 1, 2012, the 
        Office of Management and Budget shall--
                    ``(A) ensure the effective operation of a single 
                website;
                    ``(B) at a minimum, update the website on a 
                quarterly basis; and
                    ``(C) include on the website information about each 
                program identified by the agencies.
            ``(2) Information.--Information for each program described 
        under paragraph (1) shall include--
                    ``(A) an identification of how the agency defines 
                the term `program', consistent with guidance provided 
                by the Director of the Office of Management and Budget, 
                including the program activities that are aggregated, 
                disaggregated, or consolidated to be considered a 
                program by the agency;
                    ``(B) a description of the purposes of the program 
                and the contribution of the program to the mission and 
                goals of the agency; and
                    ``(C) an identification of funding for the current 
                fiscal year and previous 2 fiscal years.
    ``(b) Transparency of Agency Priority Goals and Results.--The head 
of each agency required to develop agency priority goals shall make 
information about each agency priority goal available to the Office of 
Management and Budget for publication on the website, with the 
exception of any information covered by section 1120(b)(2) of this 
title. In addition to an identification of each agency priority goal, 
the website shall also consolidate information about each agency 
priority goal, including--
            ``(1) a description of how the agency incorporated any 
        views and suggestions obtained through congressional 
        consultations about the agency priority goal;
            ``(2) an identification of key factors external to the 
        agency and beyond its control that could significantly affect 
        the achievement of the agency priority goal;
            ``(3) a description of how each agency priority goal will 
        be achieved, including--
                    ``(A) the strategies and resources required to meet 
                the priority goal;
                    ``(B) clearly defined milestones;
                    ``(C) the organizations, program activities, 
                regulations, policies, and other activities that 
                contribute to each goal, both within and external to 
                the agency;
                    ``(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.
    ``(d) Information on Website.--The information made available on 
the website under this section shall be readily accessible and easily 
found on the Internet by the public and members and committees of 
Congress. Such information shall also be presented in a searchable, 
machine-readable format. The Director of the Office of Management and 
Budget shall issue guidance to ensure that such information is provided 
in a way that presents a coherent picture of all Federal programs, and 
the performance of the Federal Government as well as individual 
agencies.''.

SEC. 8. AGENCY CHIEF OPERATING OFFICERS.

    Chapter 11 of title 31, United States Code, is amended by adding 
after section 1122 (as added by section 7 of this Act) the following:
``Sec. 1123. Chief Operating Officers
    ``(a) Establishment.--At each agency, the deputy head of agency, or 
equivalent, shall be the Chief Operating Officer of the agency.
    ``(b) Function.--Each Chief Operating Officer shall be responsible 
for improving the management and performance of the agency, and shall--
            ``(1) provide overall organization management to improve 
        agency performance and achieve the mission and goals of the 
        agency through the use of strategic and performance planning, 
        measurement, analysis, regular assessment of progress, and use 
        of performance information to improve the results achieved;
            ``(2) advise and assist the head of agency in carrying out 
        the requirements of sections 1115 through 1122 of this title 
        and section 306 of title 5;
            ``(3) oversee agency-specific efforts to improve management 
        functions within the agency and across Government; and
            ``(4) coordinate and collaborate with relevant personnel 
        within and external to the agency who have a significant role 
        in contributing to and achieving the mission and goals of the 
        agency, such as the Chief Financial Officer, Chief Human 
        Capital Officer, Chief Acquisition Officer/Senior Procurement 
        Executive, Chief Information Officer, and other line of 
        business chiefs at the agency.''.

SEC. 9. AGENCY PERFORMANCE IMPROVEMENT OFFICERS AND THE PERFORMANCE 
              IMPROVEMENT COUNCIL.

    Chapter 11 of title 31, United States Code, is amended by adding 
after section 1123 (as added by section 8 of this Act) the following:
``Sec. 1124. Performance Improvement Officers and the Performance 
              Improvement Council
    ``(a) Performance Improvement Officers.--
            ``(1) Establishment.--At each agency, the head of the 
        agency, in consultation with the agency Chief Operating 
        Officer, shall designate a senior executive of the agency as 
        the agency Performance Improvement Officer.
            ``(2) Function.--Each Performance Improvement Officer shall 
        report directly to the Chief Operating Officer. Subject to the 
        direction of the Chief Operating Officer, each Performance 
        Improvement Officer shall--
                    ``(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 use of performance information 
                requirements related to the Federal Government priority 
                goals provided under sections 1115, 1120, 1121, and 
                1122 of this title;
                    ``(D) work to resolve specific Governmentwide or 
                crosscutting performance issues, as necessary;
                    ``(E) facilitate the exchange among agencies of 
                practices that have led to performance improvements 
                within specific programs, agencies, or across agencies;
                    ``(F) coordinate with other interagency management 
                councils;
                    ``(G) seek advice and information as appropriate 
                from nonmember agencies, particularly smaller agencies;
                    ``(H) consider the performance improvement 
                experiences of corporations, nonprofit organizations, 
                foreign, State, and local governments, Government 
                employees, public sector unions, and customers of 
                Government services;
                    ``(I) receive such assistance, information and 
                advice from agencies as the Council may request, which 
                agencies shall provide to the extent permitted by law; 
                and
                    ``(J) develop and submit to the Director of the 
                Office of Management and Budget, or when appropriate to 
                the President through the Director of the Office of 
                Management and Budget, at times and in such formats as 
                the chairperson may specify, recommendations to 
                streamline and improve performance management policies 
                and requirements.
            ``(3) Support.--
                    ``(A) In general.--The Administrator of General 
                Services shall provide administrative and other support 
                for the Council to implement this section.
                    ``(B) Personnel.--The heads of agencies with 
                Performance Improvement Officers serving on the Council 
                shall, as appropriate and to the extent permitted by 
                law, provide at the request of the chairperson of the 
                Performance Improvement Council up to 2 personnel 
                authorizations to serve at the direction of the 
                chairperson.''.

SEC. 10. FORMAT OF PERFORMANCE PLANS AND REPORTS.

    (a) Searchable, Machine-readable Plans and Reports.--For fiscal 
year 2012 and each fiscal year thereafter, each agency required to 
produce strategic plans, performance plans, and performance updates in 
accordance with the amendments made by this Act shall--
            (1) not incur expenses for the printing of strategic plans, 
        performance plans, and performance reports for release external 
        to the agency, except when providing such documents to the 
        Congress;
            (2) produce such plans and reports in searchable, machine-
        readable formats; and
            (3) make such plans and reports available on the website 
        described under section 1122 of title 31, United States Code.
    (b) Web-based Performance Planning and Reporting.--
            (1) In general.--Not later than June 1, 2012, the Director 
        of the Office of Management and Budget shall issue guidance to 
        agencies to provide concise and timely performance information 
        for publication on the website described under section 1122 of 
        title 31, United States Code, including, at a minimum, all 
        requirements of sections 1115 and 1116 of title 31, United 
        States Code, except for section 1115(e).
            (2) High-priority goals.--For agencies required to develop 
        agency priority goals under section 1120(b) of title 31, United 
        States Code, the performance information required under this 
        section shall be merged with the existing information required 
        under section 1122 of title 31, United States Code.
            (3) Considerations.--In developing guidance under this 
        subsection, the Director of the Office of Management and Budget 
        shall take into consideration the experiences of agencies in 
        making consolidated performance planning and reporting 
        information available on the website as required under section 
        1122 of title 31, United States Code.

SEC. 11. REDUCING DUPLICATIVE AND OUTDATED AGENCY REPORTING.

    (a) Budget Contents.--Section 1105(a) of title 31, United States 
Code, is amended--
            (1) by redesignating second paragraph (33) as paragraph 
        (35); and
            (2) by adding at the end the following:
            ``(37) the list of plans and reports, as provided for under 
        section 1125, that agencies identified for elimination or 
        consolidation because the plans and reports are determined 
        outdated or duplicative of other required plans and reports.''.
    (b) Elimination of Unnecessary Agency Reporting.--Chapter 11 of 
title 31, United States Code, is further amended by adding after 
section 1124 (as added by section 9 of this Act) the following:
``Sec. 1125. Elimination of unnecessary agency reporting
    ``(a) Agency Identification of Unnecessary Reports.--Annually, 
based on guidance provided by the Director of the Office of Management 
and Budget, the Chief Operating Officer at each agency shall--
            ``(1) compile a list that identifies all plans and reports 
        the agency produces for Congress, in accordance with statutory 
        requirements or as directed in congressional reports;
            ``(2) analyze the list compiled under paragraph (1), 
        identify which plans and reports are outdated or duplicative of 
        other required plans and reports, and refine the list to 
        include only the plans and reports identified to be outdated or 
        duplicative;
            ``(3) consult with the congressional committees that 
        receive the plans and reports identified under paragraph (2) to 
        determine whether those plans and reports are no longer useful 
        to the committees and could be eliminated or consolidated with 
        other plans and reports; and
            ``(4) provide a total count of plans and reports compiled 
        under paragraph (1) and the list of outdated and duplicative 
        reports identified under paragraph (2) to the Director of the 
        Office of Management and Budget.
    ``(b) Plans and Reports.--
            ``(1) First year.--During the first year of implementation 
        of this section, the list of plans and reports identified by 
        each agency as outdated or duplicative shall be not less than 
        10 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.''.

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, 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.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                               H.R. 2142

_______________________________________________________________________

                               AMENDMENT
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