II 

Calendar No. 678 

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 

DECEMBER 7, 2010 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Government Efficiency, Effectiveness, and Performance 

6 Improvement Act of 2010’’. 


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

2 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. 

3 SEC. 2. FINDINGS AND PURPOSES. 

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

5 (1) Weaknesses in established management 

6 processes pertaining to the use of information about 

7 the performance of Federal agencies undermine the 

8 confidence of the American people in the Govern9 ment and reduce the Federal Government’s ability to 

10 adequately address public needs. 

11 (2) To restore the confidence of the American 

12 people in its Government and to increase the Fed13 eral Government’s ability to adequately address vital 

14 public needs, the Federal Government must contin15 ually seek to improve the effectiveness, efficiency, 

16 and accountability of Federal programs. 

17 (3) With the passage of the Government Per18 formance and Results Act of 1993, Congress di19 rected the executive branch to seek improvements in 


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1 the performance and accountability of Federal pro2 grams by having agencies focus on strategic objec3 tives and annual results. 

4 (4) The requirements of the Government Per5 formance and Results Act of 1993 have produced an 

6 infrastructure of outcome-oriented strategic plans, 

7 performance measures, and accountability reporting 

8 that serve as a solid foundation for agencies working 

9 with Congress to achieve long-term strategic goals 

10 and improve the performance of Federal programs; 

11 use of those plans and reports to improve outcomes 

12 has, however, been limited. 

13 (5) Congressional policy making, spending deci14 sions, and program oversight have been handicapped 

15 by insufficient attention to program performance 

16 and results. 

17 (6) While improvements have been made in the 

18 development of outcome-oriented strategic plans, 

19 performance measures, and accountability reporting 

20 for individual programs, progress is still needed to 

21 ensure that agency leaders, employees, and delivery 

22 partners regularly use performance information to 

23 improve the effectiveness and efficiency of govern24 ment operations and to communicate performance 

25 information coherently and candidly to inform conVerDate Mar 15 2010 01:38 Dec 08, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H2142.RS H2142

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1 gressional decision-making in conducting program 

2 authorization, appropriation, and oversight. 

3 (7) Regular performance assessments, com4 plemented by periodic assessments of Federal pro5 grams, provide critical information on whether pro6 grams are achieving specific performance objectives, 

7 help Congress and the executive branch identify the 

8 most pressing policy and program issues, and deter9 mine if specific legislative, operational, financial, or 

10 strategic reforms are needed to increase program ef11 fectiveness and efficiency. 

12 (8) Programs performing similar or duplicative 

13 functions within a single agency or across multiple 

14 agencies should be identified and their performance 

15 and results shared among all such programs to im16 prove coordination or possible consolidation and, ul17 timately, performance and results. 

18 (9) The performance reporting requirements of 

19 the Government Performance and Results Act of 

20 1993, along with individual performance and ac21 countability reporting requirements contained in leg22 islation, are in some cases redundant, and steps 

23 should be taken to eliminate duplicative performance 

24 policies and to streamline outdated and unused re25 ports. 


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1 (b) PURPOSES.—The purposes of this Act are as fol2 lows: 

3 (1) To improve the Government Performance 

4 and Results Act of 1993 by implementing perform5 ance assessment processes that seek to assess Fed6 eral programs on a periodic basis with a particular 

7 focus on the following: 

8 (A) Identification by agency leaders of 

9 clear priorities and setting of outcome-focused, 

10 measurable, ambitious targets for those prior11 ities. 

12 (B) Regular goal-focused, data driven per13 formance assessments to measure progress and 

14 adjust strategies. 

15 (C) Accountability expectations that en16 courage managers to innovate, informed by evi17 dence and analysis of experience. 

18 (D) Transparent, coherent, and candid 

19 communication of results. 

20 (2) To use relevant performance and related in21 formation to help agencies make informed manage22 ment decisions, improve the effectiveness of agency 

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1 ly performing), and submit funding requests based 

2 on evidence and other relevant information. 

3 (3) To provide congressional policy makers with 

4 information needed to conduct more effective over5 sight and assist in the improvement of agency oper6 ations, and to make performance-informed and re7 sults-based authorization and appropriation deci8 sions that improve the effectiveness of program op9 erations. 

10 (4) To establish the Performance Improvement 

11 Council as a body that will assist in the development 

12 of performance measurement and management 

13 standards and assessment methodologies, identify 

14 best practices in Federal performance management, 

15 facilitate the exchange of information among agen16 cies on these practices, and collaborate on and 

17 strengthen the effectiveness of agency performance 

18 improvement efforts. 

19 (5) To establish agency performance improve20 ment officers to institutionalize and enhance the 

21 strategic and performance management activities of 

22 Federal agencies. 


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1 SEC. 3. AGENCY DEFINED. 

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

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

4 Code. 

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

6 INCREASED CONSULTATION BETWEEN CON7 GRESS AND FEDERAL AGENCIES ON PER8 FORMANCE MANAGEMENT ISSUES. 

9 It is the sense of Congress that the head of each Fed10 eral agency should make every effort to consult with the 

11 committees with jurisdiction over the agency and other in12 terested members of Congress each fiscal year regarding 

13 the performance plan and priorities of the agency (re14 quired by sections 1115 and 1120 of title 31, United 

15 States Code). 

16 SEC. 5. PERFORMANCE ASSESSMENTS. 

17 (a) REQUIREMENT FOR PERFORMANCE ASSESS18 MENTS.—Chapter 11 of title 31, United States Code, is 

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

20 ‘‘§ 1120. Performance assessments 

21 ‘‘(a) IDENTIFICATION OF HIGH-PRIORITY PERFORM22 ANCE GOALS.—For the purpose of improving agency per23 formance, the head of each Federal agency, in consultation 

24 with the Director of the Office of Management and Budg25 et, shall identify near-term and long-term high-priority 


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1 goals for purposes of this section. In identifying such 

2 goals, the head of the agency shall— 

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

4 and objectives, and statutory directives; 

5 ‘‘(2) consult with Congress, including each ap6 propriate committee of Congress; 

7 ‘‘(3) select goals that— 

8 ‘‘(A) clearly identify agency priorities and 

9 have performance outcomes that can be clearly 

10 and objectively assessed and measured; 

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

12 direct value to the public; 

13 ‘‘(C) involve indicators for which the agen14 cy can collect reliable and timely data that may 

15 be used in performance assessments to measure 

16 progress and adjust strategies; and 

17 ‘‘(D) involve multiple programs, including 

18 programs within and across multiple agencies 

19 that are performing similar functions, serve 

20 similar populations, have similar purposes, or 

21 share common objectives, for purposes of identi22 fying common challenges, exemplary goals and 

23 practices, common measures of performance, 

24 and potential opportunities for more effective 

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1 ing through the integration and consolidation of 

2 Federal functions; and 

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

4 agency, ensure the goals are consistent with the 

5 goals of the entire agency. 

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

7 each Federal agency, in consultation with the Director of 

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

9 often than quarterly for high-priority goals identified in 

10 subsection (a), and on a semi-annual basis for perform11 ance goals established pursuant to section 1115(a)(1) of 

12 this title— 

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

14 identified under subsection (a) and toward achieving 

15 the annual performance goals for each program ac16 tivity established pursuant to section 1115(a)(1) of 

17 this title; 

18 ‘‘(2) assess whether relevant agency programs 

19 and initiatives are contributing as expected toward 

20 the goals identified under subsection (a) and the an21 nual performance goals for each program activity es22 tablished pursuant to section 1115(a)(1) of this title; 

23 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 

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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. 

19 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

21 ‘‘GPRA Modernization Act of 2010’’. 

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

23 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. 


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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. 

1 SEC. 2. STRATEGIC PLANNING AMENDMENTS. 

2 Chapter 3 of title 5, United States Code, is amended 

3 by striking section 306 and inserting the following: 

4 ‘‘§ 306. Agency strategic plans 

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

6 any year following the year in which the term of the Presi7 dent commences under section 101 of title 3, the head of 

8 each agency shall make available on the public website of 

9 the agency a strategic plan and notify the President and 

10 Congress of its availability. Such plan shall contain— 

11 ‘‘(1) a comprehensive mission statement covering 

12 the major functions and operations of the agency; 

13 ‘‘(2) general goals and objectives, including out14 come-oriented goals, for the major functions and oper15 ations of the agency; 

16 ‘‘(3) a description of how any goals and objec17 tives contribute to the Federal Government priority 

18 goals required by section 1120(a) of title 31; 

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

20 are to be achieved, including— 


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1 ‘‘(A) a description of the operational proc2 esses, skills and technology, and the human, cap3 ital, information, and other resources required to 

4 achieve those goals and objectives; and 

5 ‘‘(B) a description of how the agency is 

6 working with other agencies to achieve its goals 

7 and objectives as well as relevant Federal Gov8 ernment priority goals; 

9 ‘‘(5) a description of how the goals and objectives 

10 incorporate views and suggestions obtained through 

11 congressional consultations required under subsection 

12 (d); 

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

14 provided in the plan required by section 1115(a) of 

15 title 31, including the agency priority goals required 

16 by section 1120(b) of title 31, if applicable, contribute 

17 to the general goals and objectives in the strategic 

18 plan; 

19 ‘‘(7) an identification of those key factors exter20 nal to the agency and beyond its control that could 

21 significantly affect the achievement of the general 

22 goals and objectives; and 

23 ‘‘(8) a description of the program evaluations 

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1 jectives, with a schedule for future program evalua2 tions to be conducted. 

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

4 than 4 years following the fiscal year in which the plan 

5 is submitted. As needed, the head of the agency may make 

6 adjustments to the strategic plan to reflect significant 

7 changes in the environment in which the agency is oper8 ating, with appropriate notification of Congress. 

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

10 of title 31 shall be consistent with the agency’s strategic 

11 plan. A performance plan may not be submitted for a fiscal 

12 year not covered by a current strategic plan under this sec13 tion. 

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

15 strategic plan, the agency shall consult periodically with 

16 the Congress, including majority and minority views from 

17 the appropriate authorizing, appropriations, and oversight 

18 committees, and shall solicit and consider the views and 

19 suggestions of those entities potentially affected by or inter20 ested in such a plan. The agency shall consult with the ap21 propriate committees of Congress at least once every 2 

22 years. 

23 ‘‘(e) The functions and activities of this section shall 

24 be considered to be inherently governmental functions. The 


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1 drafting of strategic plans under this section shall be per2 formed only by Federal employees. 

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

4 means an Executive agency defined under section 105, but 

5 does not include the Central Intelligence Agency, the Gov6 ernment Accountability Office, the United States Postal 

7 Service, and the Postal Regulatory Commission.’’. 

8 SEC. 3. PERFORMANCE PLANNING AMENDMENTS. 

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

10 by striking section 1115 and inserting the following: 

11 ‘‘§ 1115. Federal Government and agency performance 

12 plans 

13 ‘‘(a) FEDERAL GOVERNMENT PERFORMANCE PLANS.— 

14 In carrying out the provisions of section 1105(a)(28), the 

15 Director of the Office of Management and Budget shall co16 ordinate with agencies to develop the Federal Government 

17 performance plan. In addition to the submission of such 

18 plan with each budget of the United States Government, 

19 the Director of the Office of Management and Budget shall 

20 ensure that all information required by this subsection is 

21 concurrently made available on the website provided under 

22 section 1122 and updated periodically, but no less than an23 nually. The Federal Government performance plan shall— 

24 ‘‘(1) establish Federal Government performance 

25 goals to define the level of performance to be achieved 


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1 during the year in which the plan is submitted and 

2 the next fiscal year for each of the Federal Govern3 ment priority goals required under section 1120(a) of 

4 this title; 

5 ‘‘(2) identify the agencies, organizations, pro6 gram activities, regulations, tax expenditures, poli7 cies, and other activities contributing to each Federal 

8 Government performance goal during the current fis9 cal year; 

10 ‘‘(3) for each Federal Government performance 

11 goal, identify a lead Government official who shall be 

12 responsible for coordinating the efforts to achieve the 

13 goal; 

14 ‘‘(4) establish common Federal Government per15 formance indicators with quarterly targets to be used 

16 in measuring or assessing— 

17 ‘‘(A) overall progress toward each Federal 

18 Government performance goal; and 

19 ‘‘(B) the individual contribution of each 

20 agency, organization, program activity, regula21 tion, tax expenditure, policy, and other activity 

22 identified under paragraph (2); 

23 ‘‘(5) establish clearly defined quarterly mile24 stones; and 


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1 ‘‘(6) identify major management challenges that 

2 are Governmentwide or crosscutting in nature and 

3 describe plans to address such challenges, including 

4 relevant performance goals, performance indicators, 

5 and milestones. 

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

7 the first Monday in February of each year, the head of each 

8 agency shall make available on a public website of the agen9 cy, and notify the President and the Congress of its avail10 ability, a performance plan covering each program activity 

11 set forth in the budget of such agency. Such plan shall— 

12 ‘‘(1) establish performance goals to define the 

13 level of performance to be achieved during the year in 

14 which the plan is submitted and the next fiscal year; 

15 ‘‘(2) express such goals in an objective, quantifi16 able, and measurable form unless authorized to be in 

17 an alternative form under subsection (c); 

18 ‘‘(3) describe how the performance goals con19 tribute to— 

20 ‘‘(A) the general goals and objectives estab21 lished in the agency’s strategic plan required by 

22 section 306(a)(2) of title 5; and 

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1 ernment performance plan required by subsection 

2 (a)(1); 

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

4 which are designated as agency priority goals as re5 quired by section 1120(b) of this title, if applicable; 

6 ‘‘(5) provide a description of how the perform7 ance goals are to be achieved, including— 

8 ‘‘(A) the operation processes, training, skills 

9 and technology, and the human, capital, infor10 mation, and other resources and strategies re11 quired to meet those performance goals; 

12 ‘‘(B) clearly defined milestones; 

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

14 program activities, regulations, policies, and 

15 other activities that contribute to each perform16 ance goal, both within and external to the agen17 cy; 

18 ‘‘(D) a description of how the agency is 

19 working with other agencies to achieve its per20 formance goals as well as relevant Federal Gov21 ernment performance goals; and 

22 ‘‘(E) an identification of the agency offi23 cials responsible for the achievement of each per24 formance goal, who shall be known as goal lead25 ers; 


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1 ‘‘(6) establish a balanced set of performance indi2 cators to be used in measuring or assessing progress 

3 toward each performance goal, including, as appro4 priate, customer service, efficiency, output, and out5 come indicators; 

6 ‘‘(7) provide a basis for comparing actual pro7 gram results with the established performance goals; 

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

9 the accuracy and reliability of the data used to meas10 ure progress towards its performance goals, including 

11 an identification of— 

12 ‘‘(A) the means to be used to verify and 

13 validate measured values; 

14 ‘‘(B) the sources for the data; 

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

16 intended use of the data; 

17 ‘‘(D) any limitations to the data at the re18 quired level of accuracy; and 

19 ‘‘(E) how the agency will compensate for 

20 such limitations if needed to reach the required 

21 level of accuracy; 

22 ‘‘(9) describe major management challenges the 

23 agency faces and identify— 

24 ‘‘(A) planned actions to address such chal25 lenges; 


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1 ‘‘(B) performance goals, performance indi2 cators, and milestones to measure progress to3 ward resolving such challenges; and 

4 ‘‘(C) the agency official responsible for re5 solving such challenges; and 

6 ‘‘(10) identify low-priority program activities 

7 based on an analysis of their contribution to the mis8 sion and goals of the agency and include an evidence9 based justification for designating a program activity 

10 as low priority. 

11 ‘‘(c) ALTERNATIVE FORM.—If an agency, in consulta12 tion with the Director of the Office of Management and 

13 Budget, determines that it is not feasible to express the per14 formance goals for a particular program activity in an ob15 jective, quantifiable, and measurable form, the Director of 

16 the Office of Management and Budget may authorize an 

17 alternative form. Such alternative form shall— 

18 ‘‘(1) include separate descriptive statements of— 

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

20 ‘‘(ii) a successful program; or 

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

22 Director of the Office of Management and Budg23 et, with sufficient precision and in such terms 

24 that would allow for an accurate, independent 

25 determination of whether the program activity’s 


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1 performance meets the criteria of the description; 

2 or 

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

4 express a performance goal in any form for the pro5 gram activity. 

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

7 purpose of complying with this section, an agency may ag8 gregate, disaggregate, or consolidate program activities, ex9 cept that any aggregation or consolidation may not omit 

10 or minimize the significance of any program activity con11 stituting a major function or operation for the agency. 

12 ‘‘(e) APPENDIX.—An agency may submit with an an13 nual performance plan an appendix covering any portion 

14 of the plan that— 

15 ‘‘(1) is specifically authorized under criteria es16 tablished by an Executive order to be kept secret in 

17 the interest of national defense or foreign policy; and 

18 ‘‘(2) is properly classified pursuant to such Ex19 ecutive order. 

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

21 functions and activities of this section shall be considered 

22 to be inherently governmental functions. The drafting of 

23 performance plans under this section shall be performed 

24 only by Federal employees. 


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

2 to each agency with a Chief Human Capital Officer, the 

3 Chief Human Capital Officer shall prepare that portion of 

4 the annual performance plan described under subsection 

5 (b)(5)(A). 

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

7 sections 1116 through 1125, and sections 9703 and 9704, 

8 the term— 

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

10 is defined under section 306(f) of title 5; 

11 ‘‘(2) ‘crosscutting’ means across organizational 

12 (such as agency) boundaries; 

13 ‘‘(3) ‘customer service measure’ means an assess14 ment of service delivery to a customer, client, citizen, 

15 or other recipient, which can include an assessment of 

16 quality, timeliness, and satisfaction among other fac17 tors; 

18 ‘‘(4) ‘efficiency measure’ means a ratio of a pro19 gram activity’s inputs (such as costs or hours worked 

20 by employees) to its outputs (amount of products or 

21 services delivered) or outcomes (the desired results of 

22 a program); 

23 ‘‘(5) ‘major management challenge’ means pro24 grams or management functions, within or across 

25 agencies, that have greater vulnerability to waste, 


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1 fraud, abuse, and mismanagement (such as issues 

2 identified by the Government Accountability Office as 

3 high risk or issues identified by an Inspector General) 

4 where a failure to perform well could seriously affect 

5 the ability of an agency or the Government to achieve 

6 its mission or goals; 

7 ‘‘(6) ‘milestone’ means a scheduled event signi8 fying the completion of a major deliverable or a set 

9 of related deliverables or a phase of work; 

10 ‘‘(7) ‘outcome measure’ means an assessment of 

11 the results of a program activity compared to its in12 tended purpose; 

13 ‘‘(8) ‘output measure’ means the tabulation, cal14 culation, or recording of activity or effort that can be 

15 expressed in a quantitative or qualitative manner; 

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

17 performance expressed as a tangible, measurable ob18 jective, against which actual achievement can be com19 pared, including a goal expressed as a quantitative 

20 standard, value, or rate; 

21 ‘‘(10) ‘performance indicator’ means a par22 ticular value or characteristic used to measure output 

23 or outcome; 

24 ‘‘(11) ‘program activity’ means a specific activ25 ity or project as listed in the program and financing 


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1 schedules of the annual budget of the United States 

2 Government; and 

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

4 through objective measurement and systematic anal5 ysis, of the manner and extent to which Federal pro6 grams achieve intended objectives.’’. 

7 SEC. 4. PERFORMANCE REPORTING AMENDMENTS. 

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

9 by striking section 1116 and inserting the following: 

10 ‘‘§ 1116. Agency performance reporting 

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

12 a public website of the agency and to the Office of Manage13 ment and Budget an update on agency performance. 

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

15 achieved with the performance goals established in the agen16 cy performance plan under section 1115(b) and shall occur 

17 no less than 150 days after the end of each fiscal year, with 

18 more frequent updates of actual performance on indicators 

19 that provide data of significant value to the Government, 

20 Congress, or program partners at a reasonable level of ad21 ministrative burden. 

22 ‘‘(2) If performance goals are specified in an alter23 native form under section 1115(c), the results shall be de24 scribed in relation to such specifications, including whether 


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1 the performance failed to meet the criteria of a minimally 

2 effective or successful program. 

3 ‘‘(c) Each update shall— 

4 ‘‘(1) review the success of achieving the perform5 ance goals and include actual results for the 5 pre6 ceding fiscal years; 

7 ‘‘(2) evaluate the performance plan for the cur8 rent fiscal year relative to the performance achieved 

9 toward the performance goals during the period cov10 ered by the update; 

11 ‘‘(3) explain and describe where a performance 

12 goal has not been met (including when a program ac13 tivity’s performance is determined not to have met the 

14 criteria of a successful program activity under section 

15 1115(c)(1)(A)(ii) or a corresponding level of achieve16 ment if another alternative form is used)— 

17 ‘‘(A) why the goal was not met; 

18 ‘‘(B) those plans and schedules for achieving 

19 the established performance goal; and 

20 ‘‘(C) if the performance goal is impractical 

21 or infeasible, why that is the case and what ac22 tion is recommended; 

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

24 in achieving performance goals of any waiver under 

25 section 9703 of this title; 


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1 ‘‘(5) include a review of the performance goals 

2 and evaluation of the performance plan relative to the 

3 agency’s strategic human capital management; 

4 ‘‘(6) describe how the agency ensures the accu5 racy and reliability of the data used to measure 

6 progress towards its performance goals, including an 

7 identification of— 

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

9 measured values; 

10 ‘‘(B) the sources for the data; 

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

12 intended use of the data; 

13 ‘‘(D) any limitations to the data at the re14 quired level of accuracy; and 

15 ‘‘(E) how the agency has compensated for 

16 such limitations if needed to reach the required 

17 level of accuracy; and 

18 ‘‘(7) include the summary findings of those pro19 gram evaluations completed during the period covered 

20 by the update. 

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

22 program activity or information that is specifically author23 ized under criteria established by an Executive Order to 

24 be kept secret in the interest of national defense or foreign 

25 policy and is properly classified pursuant to such Executive 


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1 Order, the head of the agency shall make such information 

2 available in the classified appendix provided under section 

3 1115(e). 

4 ‘‘(e) The functions and activities of this section shall 

5 be considered to be inherently governmental functions. The 

6 drafting of agency performance updates under this section 

7 shall be performed only by Federal employees. 

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

9 Budget shall determine whether the agency programs or ac10 tivities meet performance goals and objectives outlined in 

11 the agency performance plans and submit a report on 

12 unmet goals to— 

13 ‘‘(1) the head of the agency; 

14 ‘‘(2) the Committee on Homeland Security and 

15 Governmental Affairs of the Senate; 

16 ‘‘(3) the Committee on Oversight and Govern17 mental Reform of the House of Representatives; and 

18 ‘‘(4) the Government Accountability Office. 

19 ‘‘(g) If an agency’s programs or activities have not met 

20 performance goals as determined by the Office of Manage21 ment and Budget for 1 fiscal year, the head of the agency 

22 shall submit a performance improvement plan to the Office 

23 of Management and Budget to increase program effective24 ness for each unmet goal with measurable milestones. The 

25 agency shall designate a senior official who shall oversee 


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1 the performance improvement strategies for each unmet 

2 goal. 

3 ‘‘(h)(1) If the Office of Management and Budget deter4 mines that agency programs or activities have unmet per5 formance goals for 2 consecutive fiscal years, the head of 

6 the agency shall— 

7 ‘‘(A) submit to Congress a description of the ac8 tions the Administration will take to improve per9 formance, including proposed statutory changes or 

10 planned executive actions; and 

11 ‘‘(B) describe any additional funding the agency 

12 will obligate to achieve the goal, if such an action is 

13 determined appropriate in consultation with the Di14 rector of the Office of Management and Budget, for an 

15 amount determined appropriate by the Director. 

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

17 paragraph (1)(B), the head of the agency shall use any re18 programming or transfer authority available to the agency. 

19 If after exercising such authority additional funding is nec20 essary to achieve the level determined appropriate by the 

21 Director of the Office of Management and Budget, the head 

22 of the agency shall submit a request to Congress for addi23 tional reprogramming or transfer authority. 

24 ‘‘(i) If an agency’s programs or activities have not met 

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1 ment and Budget for 3 consecutive fiscal years, the Director 

2 of the Office of Management and Budget shall submit rec3 ommendations to Congress on actions to improve perform4 ance not later than 60 days after that determination, in5 cluding— 

6 ‘‘(1) reauthorization proposals for each program 

7 or activity that has not met performance goals; 

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

9 program activities to achieve the proposed level of 

10 performance on each performance goal; and 

11 ‘‘(3) planned executive actions or identification 

12 of the program for termination or reduction in the 

13 President’s budget.’’. 

14 SEC. 5. FEDERAL GOVERNMENT AND AGENCY PRIORITY 

15 GOALS. 

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

17 by adding after section 1119 the following: 

18 ‘‘§ 1120. Federal Government and agency priority 

19 goals 

20 ‘‘(a) FEDERAL GOVERNMENT PRIORITY GOALS.— 

21 ‘‘(1) The Director of the Office of Management 

22 and Budget shall coordinate with agencies to develop 

23 priority goals to improve the performance and man24 agement of the Federal Government. Such Federal 

25 Government priority goals shall include— 


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1 ‘‘(A) outcome-oriented goals covering a lim2 ited number of crosscutting policy areas; and 

3 ‘‘(B) goals for management improvements 

4 needed across the Federal Government, includ5 ing— 

6 ‘‘(i) financial management; 

7 ‘‘(ii) human capital management; 

8 ‘‘(iii) information technology manage9 ment; 

10 ‘‘(iv) procurement and acquisition 

11 management; and 

12 ‘‘(v) real property management; 

13 ‘‘(2) The Federal Government priority goals 

14 shall be long-term in nature. At a minimum, the Fed15 eral Government priority goals shall be updated or re16 vised every 4 years and made publicly available con17 currently with the submission of the budget of the 

18 United States Government made in the first full fiscal 

19 year following any year in which the term of the 

20 President commences under section 101 of title 3. As 

21 needed, the Director of the Office of Management and 

22 Budget may make adjustments to the Federal Govern23 ment priority goals to reflect significant changes in 

24 the environment in which the Federal Government is 

25 operating, with appropriate notification of Congress. 


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

2 Federal Government priority goals, the Director of the 

3 Office of Management and Budget shall consult peri4 odically with the Congress, including obtaining ma5 jority and minority views from— 

6 ‘‘(A) the Committees on Appropriations of 

7 the Senate and the House of Representatives; 

8 ‘‘(B) the Committees on the Budget of the 

9 Senate and the House of Representatives; 

10 ‘‘(C) the Committee on Homeland Security 

11 and Governmental Affairs of the Senate; 

12 ‘‘(D) the Committee on Oversight and Gov13 ernment Reform of the House of Representatives; 

14 ‘‘(E) the Committee on Finance of the Sen15 ate; 

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

17 the House of Representatives; and 

18 ‘‘(G) any other committees as determined 

19 appropriate; 

20 ‘‘(4) The Director of the Office of Management 

21 and Budget shall consult with the appropriate com22 mittees of Congress at least once every 2 years. 

23 ‘‘(5) The Director of the Office of Management 

24 and Budget shall make information about the Federal 


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1 Government priority goals available on the website 

2 described under section 1122 of this title. 

3 ‘‘(6) The Federal Government performance plan 

4 required under section 1115(a) of this title shall be 

5 consistent with the Federal Government priority 

6 goals. 

7 ‘‘(b) AGENCY PRIORITY GOALS.— 

8 ‘‘(1) Every 2 years, the head of each agency list9 ed in section 901(b) of this title, or as otherwise deter10 mined by the Director of the Office of Management 

11 and Budget, shall identify agency priority goals from 

12 among the performance goals of the agency. The Di13 rector of the Office of Management and Budget shall 

14 determine the total number of agency priority goals 

15 across the Government, and the number to be devel16 oped by each agency. The agency priority goals 

17 shall— 

18 ‘‘(A) reflect the highest priorities of the 

19 agency, as determined by the head of the agency 

20 and informed by the Federal Government pri21 ority goals provided under subsection (a) and the 

22 consultations with Congress and other interested 

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

24 ‘‘(B) have ambitious targets that can be 

25 achieved within a 2-year period; 


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1 ‘‘(C) have a clearly identified agency offi2 cial, known as a goal leader, who is responsible 

3 for the achievement of each agency priority goal; 

4 ‘‘(D) have interim quarterly targets for per5 formance indicators if more frequent updates of 

6 actual performance provides data of significant 

7 value to the Government, Congress, or program 

8 partners at a reasonable level of administrative 

9 burden; and 

10 ‘‘(E) have clearly defined quarterly mile11 stones. 

12 ‘‘(2) If an agency priority goal includes any pro13 gram activity or information that is specifically au14 thorized under criteria established by an Executive 

15 order to be kept secret in the interest of national de16 fense or foreign policy and is properly classified pur17 suant to such Executive order, the head of the agency 

18 shall make such information available in the classi19 fied appendix provided under section 1115(e). 

20 ‘‘(c) The functions and activities of this section shall 

21 be considered to be inherently governmental functions. The 

22 development of Federal Government and agency priority 

23 goals shall be performed only by Federal employees.’’. 


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1 SEC. 6. QUARTERLY PRIORITY PROGRESS REVIEWS AND 

2 USE OF PERFORMANCE INFORMATION. 

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

4 by adding after section 1120 (as added by section 5 of this 

5 Act) the following: 

6 ‘‘§ 1121. Quarterly priority progress reviews and use of 

7 performance information 

8 ‘‘(a) USE OF PERFORMANCE INFORMATION TO

9 ACHIEVE FEDERAL GOVERNMENT PRIORITY GOALS.—Not 

10 less than quarterly, the Director of the Office of Manage11 ment and Budget, with the support of the Performance Im12 provement Council, shall— 

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

14 required by section 1120(a) of this title, review with 

15 the appropriate lead Government official the progress 

16 achieved during the most recent quarter, overall trend 

17 data, and the likelihood of meeting the planned level 

18 of performance; 

19 ‘‘(2) include in such reviews officials from the 

20 agencies, organizations, and program activities that 

21 contribute to the accomplishment of each Federal Gov22 ernment priority goal; 

23 ‘‘(3) assess whether agencies, organizations, pro24 gram activities, regulations, tax expenditures, poli25 cies, and other activities are contributing as planned 

26 to each Federal Government priority goal; 


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1 ‘‘(4) categorize the Federal Government priority 

2 goals by risk of not achieving the planned level of per3 formance; and 

4 ‘‘(5) for the Federal Government priority goals 

5 at greatest risk of not meeting the planned level of 

6 performance, identify prospects and strategies for per7 formance improvement, including any needed changes 

8 to agencies, organizations, program activities, regula9 tions, tax expenditures, policies or other activities. 

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

11 ACHIEVE AGENCY PRIORITY GOALS.—Not less than quar12 terly, at each agency required to develop agency priority 

13 goals required by section 1120(b) of this title, the head of 

14 the agency and Chief Operating Officer, with the support 

15 of the agency Performance Improvement Officer, shall— 

16 ‘‘(1) for each agency priority goal, review with 

17 the appropriate goal leader the progress achieved dur18 ing the most recent quarter, overall trend data, and 

19 the likelihood of meeting the planned level of perform20 ance; 

21 ‘‘(2) coordinate with relevant personnel within 

22 and outside the agency who contribute to the accom23 plishment of each agency priority goal; 

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1 ties are contributing as planned to the agency pri2 ority goals; 

3 ‘‘(4) categorize agency priority goals by risk of 

4 not achieving the planned level of performance; and 

5 ‘‘(5) for agency priority goals at greatest risk of 

6 not meeting the planned level of performance, identify 

7 prospects and strategies for performance improve8 ment, including any needed changes to agency pro9 gram activities, regulations, policies, or other activi10 ties.’’. 

11 SEC. 7. TRANSPARENCY OF FEDERAL GOVERNMENT PRO12 GRAMS, PRIORITY GOALS, AND RESULTS. 

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

14 by adding after section 1121 (as added by section 6 of this 

15 Act) the following: 

16 ‘‘§ 1122. Transparency of programs, priority goals, 

17 and results 

18 ‘‘(a) TRANSPARENCY OF AGENCY PROGRAMS.— 

19 ‘‘(1) IN GENERAL.—Not later than October 1, 

20 2012, the Office of Management and Budget shall— 

21 ‘‘(A) ensure the effective operation of a sin22 gle website; 

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

24 a quarterly basis; and 


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1 ‘‘(C) include on the website information 

2 about each program identified by the agencies. 

3 ‘‘(2) INFORMATION.—Information for each pro4 gram described under paragraph (1) shall include— 

5 ‘‘(A) an identification of how the agency de6 fines the term ‘program’, consistent with guid7 ance provided by the Director of the Office of 

8 Management and Budget, including the program 

9 activities that are aggregated, disaggregated, or 

10 consolidated to be considered a program by the 

11 agency; 

12 ‘‘(B) a description of the purposes of the 

13 program and the contribution of the program to 

14 the mission and goals of the agency; and 

15 ‘‘(C) an identification of funding for the 

16 current fiscal year and previous 2 fiscal years. 

17 ‘‘(b) TRANSPARENCY OF AGENCY PRIORITY GOALS AND

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

19 agency priority goals shall make information about each 

20 agency priority goal available to the Office of Management 

21 and Budget for publication on the website, with the excep22 tion of any information covered by section 1120(b)(2) of 

23 this title. In addition to an identification of each agency 

24 priority goal, the website shall also consolidate information 

25 about each agency priority goal, including— 


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1 ‘‘(1) a description of how the agency incor2 porated any views and suggestions obtained through 

3 congressional consultations about the agency priority 

4 goal; 

5 ‘‘(2) an identification of key factors external to 

6 the agency and beyond its control that could signifi7 cantly affect the achievement of the agency priority 

8 goal; 

9 ‘‘(3) a description of how each agency priority 

10 goal will be achieved, including— 

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

12 meet the priority goal; 

13 ‘‘(B) clearly defined milestones; 

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

15 regulations, policies, and other activities that 

16 contribute to each goal, both within and external 

17 to the agency; 

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

19 agencies to achieve the goal; and 

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

21 responsible for achieving the priority goal; 

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

23 measuring or assessing progress; 

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

25 accuracy and reliability of the data used to measure 


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1 progress towards the priority goal, including an iden2 tification of— 

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

4 measured values; 

5 ‘‘(B) the sources for the data; 

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

7 intended use of the data; 

8 ‘‘(D) any limitations to the data at the re9 quired level of accuracy; and 

10 ‘‘(E) how the agency has compensated for 

11 such limitations if needed to reach the required 

12 level of accuracy; 

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

14 quarter and overall trend data compared to the 

15 planned level of performance; 

16 ‘‘(7) an assessment of whether relevant organiza17 tions, program activities, regulations, policies, and 

18 other activities are contributing as planned; 

19 ‘‘(8) an identification of the agency priority 

20 goals at risk of not achieving the planned level of per21 formance; and 

22 ‘‘(9) any prospects or strategies for performance 

23 improvement. 

24 ‘‘(c) TRANSPARENCY OF FEDERAL GOVERNMENT PRI25 ORITY GOALS AND RESULTS.—The Director of the Office 


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1 of Management and Budget shall also make available on 

2 the website— 

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

4 Government priority goals required by section 

5 1120(a) of this title; 

6 ‘‘(2) a description of how the Federal Govern7 ment priority goals incorporate views and suggestions 

8 obtained through congressional consultations; 

9 ‘‘(3) the Federal Government performance goals 

10 and performance indicators associated with each Fed11 eral Government priority goal as required by section 

12 1115(a) of this title; 

13 ‘‘(4) an identification of the lead Government of14 ficial for each Federal Government performance goal; 

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

16 quarter and overall trend data compared to the 

17 planned level of performance; 

18 ‘‘(6) an identification of the agencies, organiza19 tions, program activities, regulations, tax expendi20 tures, policies, and other activities that contribute to 

21 each Federal Government priority goal; 

22 ‘‘(7) an assessment of whether relevant agencies, 

23 organizations, program activities, regulations, tax ex24 penditures, policies, and other activities are contrib25 uting as planned; 


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

2 priority goals at risk of not achieving the planned 

3 level of performance; and 

4 ‘‘(9) any prospects or strategies for performance 

5 improvement. 

6 ‘‘(d) INFORMATION ON WEBSITE.—The information 

7 made available on the website under this section shall be 

8 readily accessible and easily found on the Internet by the 

9 public and members and committees of Congress. Such in10 formation shall also be presented in a searchable, machine11 readable format. The Director of the Office of Management 

12 and Budget shall issue guidance to ensure that such infor13 mation is provided in a way that presents a coherent pic14 ture of all Federal programs, and the performance of the 

15 Federal Government as well as individual agencies.’’. 

16 SEC. 8. AGENCY CHIEF OPERATING OFFICERS. 

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

18 by adding after section 1122 (as added by section 7 of this 

19 Act) the following: 

20 ‘‘§ 1123. Chief Operating Officers 

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

22 head of agency, or equivalent, shall be the Chief Operating 

23 Officer of the agency. 


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1 ‘‘(b) FUNCTION.—Each Chief Operating Officer shall 

2 be responsible for improving the management and perform3 ance of the agency, and shall— 

4 ‘‘(1) provide overall organization management to 

5 improve agency performance and achieve the mission 

6 and goals of the agency through the use of strategic 

7 and performance planning, measurement, analysis, 

8 regular assessment of progress, and use of perform9 ance information to improve the results achieved; 

10 ‘‘(2) advise and assist the head of agency in car11 rying out the requirements of sections 1115 through 

12 1122 of this title and section 306 of title 5; 

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

14 management functions within the agency and across 

15 Government; and 

16 ‘‘(4) coordinate and collaborate with relevant 

17 personnel within and external to the agency who have 

18 a significant role in contributing to and achieving the 

19 mission and goals of the agency, such as the Chief Fi20 nancial Officer, Chief Human Capital Officer, Chief 

21 Acquisition Officer/Senior Procurement Executive, 

22 Chief Information Officer, and other line of business 

23 chiefs at the agency.’’. 


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1 SEC. 9. AGENCY PERFORMANCE IMPROVEMENT OFFICERS 

2 AND THE PERFORMANCE IMPROVEMENT 

3 COUNCIL. 

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

5 by adding after section 1123 (as added by section 8 of this 

6 Act) the following: 

7 ‘‘§ 1124. Performance Improvement Officers and the 

8 Performance Improvement Council 

9 ‘‘(a) PERFORMANCE IMPROVEMENT OFFICERS.— 

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

11 of the agency, in consultation with the agency Chief 

12 Operating Officer, shall designate a senior executive 

13 of the agency as the agency Performance Improvement 

14 Officer. 

15 ‘‘(2) FUNCTION.—Each Performance Improve16 ment Officer shall report directly to the Chief Oper17 ating Officer. Subject to the direction of the Chief Op18 erating Officer, each Performance Improvement Offi19 cer shall— 

20 ‘‘(A) advise and assist the head of the agen21 cy and the Chief Operating Officer to ensure that 

22 the mission and goals of the agency are achieved 

23 through strategic and performance planning, 

24 measurement, analysis, regular assessment of 

25 progress, and use of performance information to 

26 improve the results achieved; 


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1 ‘‘(B) advise the head of the agency and the 

2 Chief Operating Officer on the selection of agen3 cy goals, including opportunities to collaborate 

4 with other agencies on common goals; 

5 ‘‘(C) assist the head of the agency and the 

6 Chief Operating Officer in overseeing the imple7 mentation of the agency strategic planning, per8 formance planning, and reporting requirements 

9 provided under sections 1115 through 1122 of 

10 this title and sections 306 of title 5, including 

11 the contributions of the agency to the Federal 

12 Government priority goals; 

13 ‘‘(D) support the head of agency and the 

14 Chief Operating Officer in the conduct of regular 

15 reviews of agency performance, including at least 

16 quarterly reviews of progress achieved toward 

17 agency priority goals, if applicable; 

18 ‘‘(E) assist the head of the agency and the 

19 Chief Operating Officer in the development and 

20 use within the agency of performance measures 

21 in personnel performance appraisals, and, as ap22 propriate, other agency personnel and planning 

23 processes and assessments; and 

24 ‘‘(F) ensure that agency progress toward the 

25 achievement of all goals is communicated to 


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1 leaders, managers, and employees in the agency 

2 and Congress, and made available on a public 

3 website of the agency. 

4 ‘‘(b) PERFORMANCE IMPROVEMENT COUNCIL.— 

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

6 Performance Improvement Council, consisting of— 

7 ‘‘(A) the Deputy Director for Management 

8 of the Office of Management and Budget, who 

9 shall act as chairperson of the Council; 

10 ‘‘(B) the Performance Improvement Officer 

11 from each agency defined in section 901(b) of 

12 this title; 

13 ‘‘(C) other Performance Improvement Offi14 cers as determined appropriate by the chair15 person; and 

16 ‘‘(D) other individuals as determined ap17 propriate by the chairperson. 

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

19 Council shall— 

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

21 designee of the chairperson, who shall preside at 

22 the meetings of the Performance Improvement 

23 Council, determine its agenda, direct its work, 

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1 formance Improvement Council, as appropriate, 

2 to deal with particular subject matters; 

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

4 Management and Budget to improve the per5 formance of the Federal Government and achieve 

6 the Federal Government priority goals; 

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

8 Management and Budget in implementing the 

9 planning, reporting, and use of performance in10 formation requirements related to the Federal 

11 Government priority goals provided under sec12 tions 1115, 1120, 1121, and 1122 of this title; 

13 ‘‘(D) work to resolve specific Government14 wide or crosscutting performance issues, as nec15 essary; 

16 ‘‘(E) facilitate the exchange among agencies 

17 of practices that have led to performance im18 provements within specific programs, agencies, 

19 or across agencies; 

20 ‘‘(F) coordinate with other interagency 

21 management councils; 

22 ‘‘(G) seek advice and information as appro23 priate from nonmember agencies, particularly 

24 smaller agencies; 


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1 ‘‘(H) consider the performance improvement 

2 experiences of corporations, nonprofit organiza3 tions, foreign, State, and local governments, Gov4 ernment employees, public sector unions, and 

5 customers of Government services; 

6 ‘‘(I) receive such assistance, information 

7 and advice from agencies as the Council may re8 quest, which agencies shall provide to the extent 

9 permitted by law; and 

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

11 the Office of Management and Budget, or when 

12 appropriate to the President through the Direc13 tor of the Office of Management and Budget, at 

14 times and in such formats as the chairperson 

15 may specify, recommendations to streamline and 

16 improve performance management policies and 

17 requirements. 

18 ‘‘(3) SUPPORT.— 

19 ‘‘(A) IN GENERAL.—The Administrator of 

20 General Services shall provide administrative 

21 and other support for the Council to implement 

22 this section. 

23 ‘‘(B) PERSONNEL.—The heads of agencies 

24 with Performance Improvement Officers serving 

25 on the Council shall, as appropriate and to the 


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1 extent permitted by law, provide at the request 

2 of the chairperson of the Performance Improve3 ment Council up to 2 personnel authorizations to 

4 serve at the direction of the chairperson.’’. 

5 SEC. 10. FORMAT OF PERFORMANCE PLANS AND REPORTS. 

6 (a) SEARCHABLE, MACHINE-READABLE PLANS AND

7 REPORTS.—For fiscal year 2012 and each fiscal year there8 after, each agency required to produce strategic plans, per9 formance plans, and performance updates in accordance 

10 with the amendments made by this Act shall— 

11 (1) not incur expenses for the printing of stra12 tegic plans, performance plans, and performance re13 ports for release external to the agency, except when 

14 providing such documents to the Congress; 

15 (2) produce such plans and reports in searchable, 

16 machine-readable formats; and 

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

18 website described under section 1122 of title 31, 

19 United States Code. 

20 (b) WEB-BASED PERFORMANCE PLANNING AND RE21 PORTING.— 

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

23 the Director of the Office of Management and Budget 

24 shall issue guidance to agencies to provide concise 

25 and timely performance information for publication 


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1 on the website described under section 1122 of title 31, 

2 United States Code, including, at a minimum, all re3 quirements of sections 1115 and 1116 of title 31, 

4 United States Code, except for section 1115(e). 

5 (2) HIGH-PRIORITY GOALS.—For agencies re6 quired to develop agency priority goals under section 

7 1120(b) of title 31, United States Code, the perform8 ance information required under this section shall be 

9 merged with the existing information required under 

10 section 1122 of title 31, United States Code. 

11 (3) CONSIDERATIONS.—In developing guidance 

12 under this subsection, the Director of the Office of 

13 Management and Budget shall take into consideration 

14 the experiences of agencies in making consolidated 

15 performance planning and reporting information 

16 available on the website as required under section 

17 1122 of title 31, United States Code. 

18 SEC. 11. REDUCING DUPLICATIVE AND OUTDATED AGENCY 

19 REPORTING. 

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

21 United States Code, is amended— 

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

23 paragraph (35); and 

24 (2) by adding at the end the following: 


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

2 for under section 1125, that agencies identified for 

3 elimination or consolidation because the plans and re4 ports are determined outdated or duplicative of other 

5 required plans and reports.’’. 

6 (b) ELIMINATION OF UNNECESSARY AGENCY REPORT7 ING.—Chapter 11 of title 31, United States Code, is further 

8 amended by adding after section 1124 (as added by section 

9 9 of this Act) the following: 

10 ‘‘§ 1125. Elimination of unnecessary agency reporting 

11 ‘‘(a) AGENCY IDENTIFICATION OF UNNECESSARY RE12 PORTS.—Annually, based on guidance provided by the Di13 rector of the Office of Management and Budget, the Chief 

14 Operating Officer at each agency shall— 

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

16 reports the agency produces for Congress, in accord17 ance with statutory requirements or as directed in 

18 congressional reports; 

19 ‘‘(2) analyze the list compiled under paragraph 

20 (1), identify which plans and reports are outdated or 

21 duplicative of other required plans and reports, and 

22 refine the list to include only the plans and reports 

23 identified to be outdated or duplicative; 

24 ‘‘(3) consult with the congressional committees 

25 that receive the plans and reports identified under 


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1 paragraph (2) to determine whether those plans and 

2 reports are no longer useful to the committees and 

3 could be eliminated or consolidated with other plans 

4 and reports; and 

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

6 compiled under paragraph (1) and the list of out7 dated and duplicative reports identified under para8 graph (2) to the Director of the Office of Management 

9 and Budget. 

10 ‘‘(b) PLANS AND REPORTS.— 

11 ‘‘(1) FIRST YEAR.—During the first year of im12 plementation of this section, the list of plans and re13 ports identified by each agency as outdated or dupli14 cative shall be not less than 10 percent of all plans 

15 and reports identified under subsection (a)(1). 

16 ‘‘(2) SUBSEQUENT YEARS.—In each year fol17 lowing the first year described under paragraph (1), 

18 the Director of the Office of Management and Budget 

19 shall determine the minimum percent of plans and 

20 reports to be identified as outdated or duplicative on 

21 each list of plans and reports. 

22 ‘‘(c) REQUEST FOR ELIMINATION OF UNNECESSARY

23 REPORTS.—In addition to including the list of plans and 

24 reports determined to be outdated or duplicative by each 

25 agency in the budget of the United States Government, as 


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1 provided by section 1105(a)(37), the Director of the Office 

2 of Management and Budget may concurrently submit to 

3 Congress legislation to eliminate or consolidate such plans 

4 and reports.’’. 

5 SEC. 12. PERFORMANCE MANAGEMENT SKILLS AND COM6 PETENCIES. 

7 (a) PERFORMANCE MANAGEMENT SKILLS AND COM8 PETENCIES.—Not later than 1 year after the date of enact9 ment of this Act, the Director of the Office of Personnel 

10 Management, in consultation with the Performance Im11 provement Council, shall identify the key skills and com12 petencies needed by Federal Government personnel for de13 veloping goals, evaluating programs, and analyzing and 

14 using performance information for the purpose of improv15 ing Government efficiency and effectiveness. 

16 (b) POSITION CLASSIFICATIONS.—Not later than 2 

17 years after the date of enactment of this Act, based on the 

18 identifications under subsection (a), the Director of the Of19 fice of Personnel Management shall incorporate, as appro20 priate, such key skills and competencies into relevant posi21 tion classifications. 

22 (c) INCORPORATION INTO EXISTING AGENCY TRAIN23 ING.—Not later than 2 years after the enactment of this 

24 Act, the Director of the Office of Personnel Management 

25 shall work with each agency, as defined under section 306(f) 


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1 of title 5, United States Code, to incorporate the key skills 

2 identified under subsection (a) into training for relevant 

3 employees at each agency. 

4 SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS. 

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

6 States Code, is amended by striking the item relating to 

7 section 306 and inserting the following: 

‘‘306. Agency strategic plans.’’. 

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

9 United States Code, is amended by striking the items relat10 ing to section 1115 and 1116 and inserting the following: 

‘‘1115. Federal Government and agency performance plans. 

‘‘1116. Agency performance reporting.’’. 

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

12 United States Code, is amended by adding at the end the 

13 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.’’. 

14 SEC. 14. IMPLEMENTATION OF THIS ACT. 

15 (a) INTERIM PLANNING AND REPORTING.— 

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

17 Management and Budget shall coordinate with agen18 cies to develop interim Federal Government priority 

19 goals and submit interim Federal Government per20 formance plans consistent with the requirements of 


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1 this Act beginning with the submission of the fiscal 

2 year 2013 Budget of the United States Government. 

3 (2) REQUIREMENTS.—Each agency shall— 

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

5 adjustments to its strategic plan to make the 

6 plan consistent with the requirements of this Act; 

7 (B) prepare and submit performance plans 

8 consistent with the requirements of this Act, in9 cluding the identification of agency priority 

10 goals, beginning with the performance plan for 

11 fiscal year 2013; and 

12 (C) make performance reporting updates 

13 consistent with the requirements of this Act be14 ginning in fiscal year 2012. 

15 (3) QUARTERLY REVIEWS.—The quarterly pri16 ority progress reviews required under this Act shall 

17 begin— 

18 (A) with the first full quarter beginning on 

19 or after the date of enactment of this Act for 

20 agencies based on the agency priority goals con21 tained in the Analytical Perspectives volume of 

22 the Fiscal Year 2011 Budget of the United States 

23 Government; and 


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

2 for the interim Federal Government priority 

3 goals. 

4 (b) GUIDANCE.—The Director of the Office of Manage5 ment and Budget shall prepare guidance for agencies in 

6 carrying out the interim planning and reporting activities 

7 required under subsection (a), in addition to other guidance 

8 as required for implementation of this Act. 

9 SEC. 15. CONGRESSIONAL OVERSIGHT AND LEGISLATION. 

10 (a) IN GENERAL.—Nothing in this Act shall be con11 strued as limiting the ability of Congress to establish, 

12 amend, suspend, or annul a goal of the Federal Government 

13 or an agency. 

14 (b) GAO REVIEWS.— 

15 (1) INTERIM PLANNING AND REPORTING EVALUA16 TION.—Not later than June 30, 2013, the Comptroller 

17 General shall submit a report to Congress that in18 cludes— 

19 (A) an evaluation of the implementation of 

20 the interim planning and reporting activities 

21 conducted under section 14 of this Act; and 

22 (B) any recommendations for improving 

23 implementation of this Act as determined appro24 priate. 

25 (2) IMPLEMENTATION EVALUATIONS.— 


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1 (A) IN GENERAL.—The Comptroller General 

2 shall evaluate the implementation of this Act 

3 subsequent to the interim planning and report4 ing activities evaluated in the report submitted 

5 to Congress under paragraph (1). 

6 (B) AGENCY IMPLEMENTATION.— 

7 (i) EVALUATIONS.—The Comptroller 

8 General shall evaluate how implementation 

9 of this Act is affecting performance manage10 ment at the agencies described in section 

11 901(b) of title 31, United States Code, in12 cluding whether performance management 

13 is being used by those agencies to improve 

14 the efficiency and effectiveness of agency 

15 programs. 

16 (ii) REPORTS.—The Comptroller Gen17 eral shall submit to Congress— 

18 (I) an initial report on the eval19 uation under clause (i), not later than 

20 September 30, 2015; and 

21 (II) a subsequent report on the 

22 evaluation under clause (i), not later 

23 than September 30, 2017. 

24 (C) FEDERAL GOVERNMENT PLANNING AND

25 REPORTING IMPLEMENTATION.— 


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1 (i) EVALUATIONS.—The Comptroller 

2 General shall evaluate the implementation 

3 of the Federal Government priority goals, 

4 Federal Government performance plans and 

5 related reporting required by this Act. 

6 (ii) REPORTS.—The Comptroller Gen7 eral shall submit to Congress— 

8 (I) an initial report on the eval9 uation under clause (i), not later than 

10 September 30, 2015; and 

11 (II) subsequent reports on the 

12 evaluation under clause (i), not later 

13 than September 30, 2017 and every 4 

14 years thereafter. 

15 (D) RECOMMENDATIONS.—The Comptroller 

16 General shall include in the reports required by 

17 subparagraphs (B) and (C) any recommenda18 tions for improving implementation of this Act 

19 and for streamlining the planning and reporting 

20 requirements of the Government Performance 

21 and Results Act of 1993. 


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Calendar No. 678 

111TH CONGRESS 

2D SESSION H. R. 2142 

AN ACT 

To require quarterly performance assessments of 

and the Performance Improvement Council. tablish agency performance improvement officers agency performance and improvement, and to esGovernment programs for purposes of assessing 

DECEMBER 7, 2010 

Reported with an amendment 


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