IB 

Union Calendar No. 288 

111TH CONGRESS 

2D SESSION H. R. 2142 

[Report No. 111–504] 

To require the review of Government programs at least once every 5 years 

for purposes of assessing their performance and improving their operations, and to establish the Performance Improvement Council. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2009 

Mr. CUELLAR (for himself and Mr. MOORE of Kansas) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

JUNE 14, 2010 

Additional sponsors: Ms. HERSETH SANDLIN, Mr. WILSON of Ohio, Mr. 

BOREN, Mr. BISHOP of Georgia, Mr. CARDOZA, Mr. COSTA, Mr. BOYD, 

Mr. HILL, Mr. CONNOLLY of Virginia, Ms. KOSMAS, Mr. BOSWELL, Mr. 

DAVIS of Tennessee, Mr. SHULER, Mr. CHANDLER, Mr. TAYLOR, Mr. 

HOLDEN, Mrs. DAHLKEMPER, Mr. BACA, Mr. CARNEY, Mr. CHILDERS, 

Mr. DONNELLY of Indiana, Mr. ELLSWORTH, Ms. GIFFORDS, Mr. MARSHALL, Mr. MICHAUD, Mr. SALAZAR, Mr. SCHRADER, Mr. SPACE, Mr. 

BRIGHT, Mr. MELANCON, Mr. ARCURI, Mr. TANNER, Mr. KRATOVIL, Mr. 

ROSS, Mr. THOMPSON of California, Mr. SCOTT of Georgia, Mr. MURPHY

of New York, Mr. QUIGLEY, Ms. NORTON, Mr. MATHESON, Mr. SCHIFF, 

Mr. MINNICK, Mr. PATRICK J. MURPHY of Pennsylvania, Mr. FOSTER, 

Mr. ALTMIRE, Ms. HARMAN, Mr. MCCAUL, Mr. GORDON of Tennessee, 

Mr. BARROW, Mr. PETERSON, Mr. PLATTS, Mr. NYE, Mr. WELCH, and 

Mr. MITCHELL


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JUNE 14, 2010 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on April 28, 2009] 

A BILL 

To require the review of Government programs at least once 

every 5 years for purposes of assessing their performance 

and improving their operations, and to establish the Performance Improvement Council. 


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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’’. 

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

8 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. 

9 SEC. 2. FINDINGS AND PURPOSES. 

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

11 (1) Weaknesses in established management proc12 esses pertaining to the use of information about the 

13 performance of Federal agencies undermine the con14 fidence of the American people in the Government 

15 and reduce the Federal Government’s ability to ade16 quately address public needs. 

17 (2) To restore the confidence of the American 

18 people in its Government and to increase the Federal 

19 Government’s ability to adequately address vital pub20 lic needs, the Federal Government must continually 


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1 seek to improve the effectiveness, efficiency, and ac2 countability of Federal programs. 

3 (3) With the passage of the Government Perform4 ance and Results Act of 1993, Congress directed the 

5 executive branch to seek improvements in the perform6 ance and accountability of Federal programs by hav7 ing agencies focus on strategic objectives and annual 

8 results. 

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

11 infrastructure of outcome-oriented strategic plans, 

12 performance measures, and accountability reporting 

13 that serve as a solid foundation for agencies working 

14 with Congress to achieve long-term strategic goals and 

15 improve the performance of Federal programs; use of 

16 those plans and reports to improve outcomes has, 

17 however, been limited. 

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

20 by insufficient attention to program performance and 

21 results. 

22 (6) While improvements have been made in the 

23 development of outcome-oriented strategic plans, per24 formance measures, and accountability reporting for 

25 individual programs, progress is still needed to ensure 


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1 that agency leaders, employees, and delivery partners 

2 regularly use performance information to improve the 

3 effectiveness and efficiency of government operations 

4 and to communicate performance information coher5 ently and candidly to inform congressional decision6 making in conducting program authorization, appro7 priation, and oversight. 

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

12 help Congress and the executive branch identify the 

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

15 strategic reforms are needed to increase program effec16 tiveness and efficiency. 

17 (8) Programs performing similar or duplicative 

18 functions within a single agency or across multiple 

19 agencies should be identified and their performance 

20 and results shared among all such programs to im21 prove coordination or possible consolidation and, ulti22 mately, performance and results. 

23 (9) The performance reporting requirements of 

24 the Government Performance and Results Act of 1993, 

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1 ability reporting requirements contained in legisla2 tion, are in some cases redundant, and steps should 

3 be taken to eliminate duplicative performance policies 

4 and to streamline outdated and unused reports. 

5 (b) PURPOSES.—The purposes of this Act are as fol6 lows: 

7 (1) To improve the Government Performance 

8 and Results Act of 1993 by implementing perform9 ance assessment processes that seek to assess Federal 

10 programs on a periodic basis with a particular focus 

11 on the following: 

12 (A) Identification by agency leaders of clear 

13 priorities and setting of outcome-focused, meas14 urable, ambitious targets for those priorities. 

15 (B) Regular goal-focused, data driven per16 formance assessments to measure progress and 

17 adjust strategies. 

18 (C) Accountability expectations that encour19 age managers to innovate, informed by evidence 

20 and analysis of experience. 

21 (D) Transparent, coherent, and candid com22 munication of results. 

23 (2) To use relevant performance and related in24 formation to help agencies make informed manage25 ment decisions, improve the effectiveness of agency 


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1 and program operations (particularly for those pro2 grams, projects, and activities that are deemed poorly 

3 performing), and submit funding requests based on 

4 evidence and other relevant information. 

5 (3) To provide congressional policy makers with 

6 information needed to conduct more effective oversight 

7 and assist in the improvement of agency operations, 

8 and to make performance-informed and results-based 

9 authorization and appropriation decisions that im10 prove the effectiveness of program operations. 

11 (4) To establish the Performance Improvement 

12 Council as a body that will assist in the development 

13 of performance measurement and management stand14 ards and assessment methodologies, identify best prac15 tices in Federal performance management, facilitate 

16 the exchange of information among agencies on these 

17 practices, and collaborate on and strengthen the effec18 tiveness of agency performance improvement efforts. 

19 (5) To establish agency performance improve20 ment officers to institutionalize and enhance the stra21 tegic and performance management activities of Fed22 eral 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 Federal 

10 agency should make every effort to consult with the commit11 tees with jurisdiction over the agency and other interested 

12 members of Congress each fiscal year regarding the perform13 ance plan and priorities of the agency (required by sections 

14 1115 and 1120 of title 31, United States Code). 

15 SEC. 5. PERFORMANCE ASSESSMENTS. 

16 (a) REQUIREMENT FOR PERFORMANCE ASSESS17 MENTS.—Chapter 11 of title 31, United States Code, is 

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

19 ‘‘§ 1120. Performance assessments 

20 ‘‘(a) IDENTIFICATION OF HIGH-PRIORITY PERFORM21 ANCE GOALS.—For the purpose of improving agency per22 formance, the head of each Federal agency, in consultation 

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

24 shall identify near-term and long-term high-priority goals 

25 for purposes of this section. In identifying such goals, the 

26 head of the agency shall— 


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

2 and objectives, and statutory directives; 

3 ‘‘(2) consult with Congress, including each ap4 propriate committee of Congress; 

5 ‘‘(3) select goals that— 

6 ‘‘(A) clearly identify agency priorities and 

7 have performance outcomes that can be clearly 

8 and objectively assessed and measured; 

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

10 direct value to the public; 

11 ‘‘(C) involve indicators for which the agency 

12 can collect reliable and timely data that may be 

13 used in performance assessments to measure 

14 progress and adjust strategies; and 

15 ‘‘(D) involve multiple programs, including 

16 programs within and across multiple agencies 

17 that are performing similar functions, serve 

18 similar populations, have similar purposes, or 

19 share common objectives, for purposes of identi20 fying common challenges, exemplary goals and 

21 practices, common measures of performance, and 

22 potential opportunities for more effective and ef23 ficient means of achieving goals, including 

24 through the integration and consolidation of 

25 Federal functions; and 


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1 ‘‘(4) with respect to a subcomponent of the agen2 cy, ensure the goals are consistent with the goals of 

3 the entire agency. 

4 ‘‘(b) PERFORMANCE ASSESSMENTS.—The head of each 

5 Federal agency, in consultation with the Director of the Of6 fice of Management and Budget, shall, not less often than 

7 quarterly for high-priority goals identified in subsection 

8 (a), and on a semi-annual basis for performance goals es9 tablished pursuant to section 1115(a)(1) of this title— 

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

11 identified under subsection (a) and toward achieving 

12 the annual performance goals for each program activ13 ity established pursuant to section 1115(a)(1) of this 

14 title; 

15 ‘‘(2) assess whether relevant agency programs 

16 and initiatives are contributing as expected toward 

17 the goals identified under subsection (a) and the an18 nual performance goals for each program activity es19 tablished pursuant to section 1115(a)(1) of this title; 

20 and 

21 ‘‘(3) identify prospects and strategies for per22 formance improvement, including any needed changes 

23 to agency programs or initiatives. 

24 ‘‘(c) PERFORMANCE ASSESSMENT REQUIREMENTS.— 

25 In conducting an assessment of agency progress toward 


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1 achieving the goals identified under subsection (a) and to2 ward achieving the annual performance goals for each pro3 gram activity established pursuant to section 1115(a)(1) of 

4 this title, the head of a Federal agency, in consultation with 

5 the Director of the Office of Management and Budget, 

6 shall— 

7 ‘‘(1) coordinate with relevant personnel within 

8 and outside the agency who contribute to the accom9 plishment of the goals; and 

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

11 managers accountable for effective and efficient imple12 mentation based on evidence and continuing analysis 

13 of experience. 

14 ‘‘(d) TRANSPARENCY OF GOALS AND PERFORMANCE

15 ASSESSMENTS.—The Director of the Office of Management 

16 and Budget shall— 

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

18 budget submission and through the Office of Manage19 ment and Budget website and other relevant websites, 

20 and provide to the congressional committees described 

21 in subsection (i)— 

22 ‘‘(A) a list of goals identified under sub23 section (a) and reviewed by the Director; 

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

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1 able outcomes for each program administered in 

2 whole or in part by the agency; 

3 ‘‘(C) the methods that will be used to make 

4 progress toward achieving the goals identified 

5 under subparagraphs (A) and (B); 

6 ‘‘(D) the expected contribution that different 

7 agency programs and initiatives will make to8 ward achieving the goals identified under sub9 paragraphs (A) and (B) and the expected 

10 timeline for achieving those goals; and 

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

12 agencies to assess progress toward achieving the 

13 goals identified under subparagraphs (A) and 

14 (B); 

15 ‘‘(2) provide a mechanism for interested persons, 

16 including the general public and members and com17 mittees of Congress, to submit comments on the goals 

18 being assessed under subsection (a) and the annual 

19 performance goals for each program activity estab20 lished pursuant to section 1115(a)(1) of this title and 

21 the methods that will be used to make progress toward 

22 achieving those goals; 

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

24 and consideration of comments provided under para25 graph (2) by each relevant agency and adjustment of 


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1 goals under subsection (a) and the annual perform2 ance goals for each program activity established pur3 suant to section 1115(a)(1) of this title based on the 

4 comments, with approval of the Director; and 

5 ‘‘(4) make available through the Office of Man6 agement and Budget website a summary of comments 

7 received under paragraph (2), any adjustment of 

8 goals under paragraph (3), and any changes to goals 

9 required by the Office of Management and Budget. 

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

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

12 the assessments conducted under this section by the agency 

13 during a fiscal year shall be readily accessible to and easily 

14 found on the Internet by the public and members and com15 mittees of Congress in a searchable, machine readable for16 mat, in accordance with guidance provided by the Director 

17 of the Office of Management and Budget that ensures such 

18 information is provided in a way that presents a coherent 

19 picture of the performance of Federal agencies. At a min20 imum, the results of the assessments conducted under this 

21 section shall be available on the website of the Office of Man22 agement and Budget and also may be made available on 

23 any other website considered appropriate by the agency or 

24 the Director. The Director shall also notify the appropriate 


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1 committees of Congress when quarterly assessments become 

2 available on the Internet. 

3 ‘‘(2) The performance information related to the assess4 ments of goals in this section and section 1115 of this title 

5 shall— 

6 ‘‘(A) include— 

7 ‘‘(i) a brief summary of the problem or op8 portunity being addressed and reasons for identi9 fying these agency goals as well as key findings 

10 of the assessments; 

11 ‘‘(ii) a list of each program and agency con12 tributing to achievement of the goal and the time 

13 frame for such contributions; 

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

15 performance measures, and the extent to which 

16 necessary performance data are collected; 

17 ‘‘(iv) a description of how leaders and man18 agers are held accountable for achieving program 

19 results, and the extent to which strong financial 

20 management tools are in place; 

21 ‘‘(v) contextual indicators that provide a 

22 sense of external factors that can influence per23 formance trends related to key outcomes; 

24 ‘‘(vi) as appropriate, indicators that pro25 vide information about the population being 


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1 served and to the extent possible, the impact on 

2 disadvantaged and minority communities and 

3 individuals; 

4 ‘‘(vii) factors affecting the performance of 

5 programs, projects, and activities and how they 

6 are impeding or contributing to failures or suc7 cesses of the programs, projects, and activities, 

8 and the reasons for any substantial variation 

9 from the targeted level of achievement of the 

10 goals; 

11 ‘‘(viii) the process used by the agency to as12 sess progress made toward achieving the goals; 

13 and 

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

15 may be specified by the Director; 

16 ‘‘(B) describe the extent to which any trends, de17 velopments, or emerging conditions affect the need to 

18 change the mission of programs being carried out to 

19 achieve the goal; 

20 ‘‘(C) identify, as part of any performance assess21 ment, practices that resulted in positive outcomes, 

22 and the key reasons why such practices resulted in 

23 positive outcomes; and 

24 ‘‘(D) include recommendations for actions to im25 prove results, including opportunities that might exist 


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1 for the coordination, consolidation, or integration of 

2 programs to improve service or generate cost savings. 

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

4 ‘‘(A) use, as necessary and appropriate, a vari5 ety of assessment methods to support performance as6 sessments, including methods contained in reports 

7 from evaluation centers, in assessments by States, and 

8 in available Federal program assessments; 

9 ‘‘(B) maintain an archive of information re10 quired to be disclosed under this section that is, to the 

11 maximum extent practicable, readily available, acces12 sible, and easily found by the public; and 

13 ‘‘(C) consider the relevant comments submitted 

14 under subsection (d)(2). 

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

16 performance assessments conducted during a fiscal year 

17 that contain classified information, the President shall sub18 mit— 

19 ‘‘(A) each quarterly performance assessment (in20 cluding the classified information), to the appropriate 

21 committees of Congress; and 

22 ‘‘(B) an appendix containing a list of each af23 fected goal and the committees to which a copy of the 

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1 paragraph (A), to the congressional committees de2 scribed in subsection (i). 

3 ‘‘(2) Upon request from a congressional committee de4 scribed in subsection (i), the Director of the Office of Man5 agement and Budget shall provide to the Committee a copy 

6 of— 

7 ‘‘(A) any performance assessment described in 

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

9 assessment not listed in any appendix submitted 

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

11 ‘‘(B) any appendix described in subparagraph 

12 (B) of paragraph (1). 

13 ‘‘(3) In this subsection, the term ‘classified informa14 tion’ refers to matters described in section 552(b)(1)(A) of 

15 title 5. 

16 ‘‘(g) INHERENTLY GOVERNMENTAL FUNCTIONS.—The 

17 functions and activities authorized or required by this sec18 tion shall be considered inherently governmental functions 

19 and shall be performed only by Federal employees. 

20 ‘‘(h) REPORT STREAMLINING.—To eliminate redun21 dancy, the head of an agency may determine each year, sub22 ject to the approval of the Director of the Office of Manage23 ment and Budget and provided that it meets the require24 ments of this section and sections 1115, 1116, 1117, 1121, 

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1 mation provided to the public on the Internet is sufficient 

2 to meet the planning and reporting requirements of such 

3 sections. 

4 ‘‘(i) CONGRESSIONAL COMMITTEES.—The congres5 sional committees described in this subsection are the fol6 lowing: 

7 ‘‘(1) The Committee on Oversight and Govern8 ment Reform of the House of Representatives. 

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

10 Governmental Affairs of the Senate. 

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

12 House of Representatives and the Senate. 

13 ‘‘(4) The Committees on the Budget of the House 

14 of Representatives and the Senate. 

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

16 ‘‘(1) AGENCY PERFORMANCE IMPROVEMENT OFFI17 CER.—The term ‘agency performance improvement of18 ficer’ means a senior executive of an agency who is 

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

20 the head of the agency, the agency Deputy Secretary, 

21 or such other agency official designated by the head 

22 of the agency, to carry out the requirements of this 

23 section. 


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

2 ‘performance information’ means the results of assess3 ments conducted under this section.’’. 

4 (b) PERFORMANCE ASSESSMENTS TO BE CONSIDERED

5 IN EVALUATING SENIOR EXECUTIVES.—Section 4313 of 

6 title 5, United States Code, is amended (in the matter before 

7 paragraph (1)) by striking ‘‘organizational performance,’’ 

8 and inserting the following: ‘‘organizational performance 

9 (including such reviews of agency performance, conducted 

10 under section 1120 of title 31, as are relevant),’’. 

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

12 the beginning of chapter 11 of title 31, United States Code, 

13 is amended by adding at the end the following: 

‘‘1120. Performance assessments.’’. 

14 SEC. 6. STRATEGIC PLANNING AMENDMENTS. 

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

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

17 is amended by striking ‘‘No later than September 30, 1997,’’ 

18 and inserting ‘‘Not later than September 30 of the second 

19 year following a year in which an election for President 

20 occurs, beginning with September 30, 2010,’’. 

21 (b) CHANGE IN PERIOD OF COVERAGE OF STRATEGIC

22 PLAN.—Subsection (b) of section 306 of title 5, United 

23 States Code, is amended to read as follows: 


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1 ‘‘(b) Each strategic plan shall cover the four-year pe2 riod beginning on October 1 of the second year following 

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

4 SEC. 7. IMPROVING GOVERNMENT PERFORMANCE. 

5 (a) IMPROVING GOVERNMENT PERFORMANCE.—Chap6 ter 11 of title 31, United States Code, as amended by section 

7 5, is further amended by adding at the end the following 

8 new section: 

9 ‘‘§ 1121. Improving Government performance 

10 ‘‘(a) DUTIES OF AGENCY PERFORMANCE IMPROVE11 MENT OFFICERS.—Subject to the direction of the head of 

12 the agency, each agency performance improvement officer 

13 shall— 

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

15 agency and other agency officials to ensure that the 

16 mission of the executive agency is achieved through 

17 performance planning, measurement, analysis, and 

18 regular assessment of progress, including the require19 ments of this section and sections 1115, 1116, 1117, 

20 1120, and the first 9703 of this title and section 306 

21 of title 5; 

22 ‘‘(2) advise the head of the agency on the selec23 tion of agency goals, including opportunities to col24 laborate with other agencies on common goals, and on 

25 whether— 


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1 ‘‘(A) the performance targets required under 

2 section 1115 of this title and the strategic plans 

3 required under section 306 of title 5 are— 

4 ‘‘(i) sufficiently aggressive toward full 

5 achievement of the purposes of the agency; 

6 and 

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

8 resources provided for operations; and 

9 ‘‘(B) means for measurement of progress to10 ward achievement of the goals are sufficiently 

11 rigorous, aligned to outcomes, useful, and accu12 rate as appropriate to the intended use of the 

13 measures; 

14 ‘‘(3) support the head of the agency, agency Dep15 uty Secretary, or such other agency senior official des16 ignated by the head of the agency in the conduct of 

17 at least quarterly performance assessments, while 

18 strengthening the performance management activities 

19 of the entire agency (including subcomponents) 

20 through at least quarterly performance assessments 

21 to— 

22 ‘‘(A) assess progress toward achievement of 

23 the goals administered in whole or in part by the 

24 agency, as well as any goals common to that 

25 agency and other agencies; 


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1 ‘‘(B) identify factors affecting progress and 

2 benchmarking comparisons; 

3 ‘‘(C) consider actions to improve the per4 formance and efficiency of programs, projects, 

5 and activities; and 

6 ‘‘(D) hold leaders and managers accountable 

7 for effective and efficient implementation and for 

8 adjusting agency actions based on evolving evi9 dence; 

10 ‘‘(4) assist the head of the agency in the develop11 ment and use within the agency of performance meas12 ures in personnel performance appraisals, and, as ap13 propriate, other agency personnel and planning proc14 esses and assessments; 

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

16 the implementation required under section 1120 of 

17 this title; 

18 ‘‘(6) ensure that agency progress toward achieve19 ment of all goals is communicated to leaders, man20 agers, and employees in the agency and Congress, and 

21 made public on the Internet; and 

22 ‘‘(7) provide training for agency managers, pro23 gram directors, supervisors, and employees on how to 

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1 dicators, assess programs, and analyze data to im2 prove performance. 

3 ‘‘(b) ESTABLISHMENT AND OPERATION OF PERFORM4 ANCE IMPROVEMENT COUNCIL.— 

5 ‘‘(1) There is established in the executive branch 

6 a Performance Improvement Council. 

7 ‘‘(2) The Performance Improvement Council 

8 shall consist exclusively of— 

9 ‘‘(A) the Deputy Director for Management 

10 of the Office of Management and Budget, who 

11 shall serve as Chair; 

12 ‘‘(B) such agency performance improvement 

13 officers as determined appropriate by the Chair; 

14 and 

15 ‘‘(C) such other permanent employees of an 

16 agency as determined appropriate by the Chair 

17 in consultation with the agency concerned. 

18 ‘‘(3) The Chair or the Chair’s designee shall con19 vene and preside at the meetings of the Performance 

20 Improvement Council, determine its agenda, direct its 

21 work, and establish and direct subgroups of the Per22 formance Improvement Council, as appropriate to 

23 deal with particular subject matters. 

24 ‘‘(4) To assist in implementing the requirements 

25 of sections 1105, 1115, 1116, 1117, 1120, and the first 


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1 9703 of this title and section 306 of title 5, the Per2 formance Improvement Council shall— 

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

4 the Office of Management and Budget, or when 

5 appropriate to the President through the Direc6 tor of the Office of Management and Budget, at 

7 times and in such formats as the Chair may 

8 specify, recommendations concerning— 

9 ‘‘(i) performance management policies 

10 and requirements; 

11 ‘‘(ii) criteria for assessment of pro12 gram, project, and activity performance; 

13 and 

14 ‘‘(iii) how the goals required by section 

15 1120(a) of this title can inform the Federal 

16 Government performance plan required by 

17 section 1105(a)(28) of this title, and lead to 

18 improved results from and interagency co19 ordination of programs that perform simi20 lar functions; 

21 ‘‘(B) facilitate the exchange among agencies 

22 of information on performance management, in23 cluding strategic and annual planning and re24 porting, to accelerate improvements in perform25 ance; 


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1 ‘‘(C) monitor the performance assessment 

2 process required under section 1120 of this title; 

3 ‘‘(D) facilitate keeping members and com4 mittees of Congress and the public informed, and 

5 with such assistance of heads of agencies and 

6 agency performance improvement officers as the 

7 Director of the Office of Management and Budget 

8 may require, provide members and committees of 

9 Congress and the public with information on the 

10 Internet on how well each agency performs and 

11 that serves as a comprehensive source of informa12 tion on— 

13 ‘‘(i) agency strategic plans; 

14 ‘‘(ii) annual performance plans and 

15 annual performance reports; 

16 ‘‘(iii) performance information re17 quired under section 1120 (d) of this title; 

18 ‘‘(iv) the status of the implementation 

19 of performance assessments required under 

20 section 1120 of this title; 

21 ‘‘(v) relevant impact and process as22 sessments; and 

23 ‘‘(vi) consistent with the direction of 

24 the head of the agency concerned after con25 sultation with the Director of the Office of 


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1 Management and Budget, any publicly 

2 available reports by the agency’s Inspector 

3 General concerning agency program per4 formance; 

5 ‘‘(E) monitor implementation by agencies of 

6 the policy set forth in sections 1115, 1116, 1117, 

7 1120, and the first 9703 of this title and section 

8 306 of title 5 and report thereon from time to 

9 time as appropriate to the Director of the Office 

10 of Management and Budget, or when appro11 priate to the President through the Director of 

12 the Office of Management and Budget, at such 

13 times and in such formats as the Chair may 

14 specify, together with any recommendations of 

15 the Council for more effective implementation of 

16 such policy; 

17 ‘‘(F) obtain information and advice, as ap18 propriate, in a manner that seeks individual ad19 vice and does not involve collective judgment or 

20 consensus advice or deliberation, from— 

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

22 officials; 

23 ‘‘(ii) representatives of entities or other 

24 individuals; and 


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1 ‘‘(iii) members and committees of Con2 gress; 

3 ‘‘(G) coordinate with other interagency 

4 management councils; and 

5 ‘‘(H) make recommendations to Congress on 

6 duplicative, unused, or outdated performance 

7 policies or reporting requirements. 

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

9 shall provide administrative and other support for the 

10 Council to implement this section. 

11 ‘‘(B) The heads of agencies shall provide, as ap12 propriate and to the extent permitted by law, such in13 formation and assistance as the Chair may request to 

14 implement this section. 

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

16 Council— 

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

18 performance information; 

19 ‘‘(2) shall link program performance information 

20 to program spending information on the website 

21 www.USASpending.gov; and 

22 ‘‘(3) shall submit a report to Congress on the fea23 sibility of creating a single web-based platform for all 

24 Government spending information and all program 

25 performance information.’’. 


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

2 of the enactment of this Act, the Director of the Office of 

3 Management and Budget shall prescribe guidance to imple4 ment the requirements of section 1120 and 1121 of title 31, 

5 United States Code, as added by subsection (a). 

6 (c) CONFORMING AND CLERICAL AMENDMENTS.— 

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

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

9 ‘‘1121’’. 

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

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

12 by adding at the end the following: 

‘‘1121. Improving Government performance.’’. 

13 SEC. 8. ASSESSMENTS AND REPORTS. 

14 (a) ASSESSMENTS.— 

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

16 first, third, and fifth year after the date of the enact17 ment of this Act, and thereafter every three years and 

18 at such other times as may be requested by Congress, 

19 the Comptroller General of the United States shall as20 sess the implementation of this Act by the Director of 

21 the Office of Management and Budget and the agen22 cies decribed in section 901(b) of title 31, United 

23 States Code, with emphasis on the matters specified 

24 in paragraph (2). 


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1 (2) MATTERS TO BE ASSESSED.—The matters to 

2 be assessed under paragraph (1) shall include, with 

3 respect to the fiscal year covered by the assessment: 

4 (A) Whether the selection of goals, identified 

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

6 States Code, as added by section 5, and estab7 lished pursuant to section 1115 of such title, is 

8 tied to performance outcomes that can be objec9 tively assessed and measured and have a high di10 rect value to the public. 

11 (B) The use of agency performance goals 

12 and measures and program assessments to im13 prove performance and ensure taxpayer dollars 

14 are spent in an efficient and effective manner, 

15 including the need to streamline or enhance Fed16 eral programs or initiatives to maximize the 

17 likelihood of accomplishing such performance 

18 goals. 

19 (C) The use of agency performance goals, 

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

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

22 established pursuant to section 1115 of such title, 

23 and measures to clearly communicate perform24 ance priorities and results to the public. 


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1 (D) How any revision of goals, identified 

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

3 States Code, as added by section 5, and estab4 lished pursuant to section 1115 of such title, has 

5 contributed to the effectiveness of agency and 

6 program performance. 

7 (E) The tracking of program performance 

8 toward achieving identified goals and the con9 tribution of such tracking to agency performance 

10 improvement. 

11 (F) The use of input from Congress and the 

12 public in the assessment of programs and in the 

13 identification and assessment of goals. 

14 (G) The use of the archive of information 

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

16 United States Code, to create a coherent, longitu17 dinal picture of the performance of agencies and 

18 programs over time. 

19 (H) Best practices of agencies. 

20 (I) Whether the annual performance plan 

21 established pursuant to section 1115 of title 31, 

22 United States Code, conforms with the require23 ments for such plans described in paragraphs (1) 

24 through (11) of section 1115(a) of such title. 


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1 (J) The progress each agency has made in 

2 achieving the goals identified pursuant to section 

3 1120(a) of title 31, United States Code, as added 

4 by section 5, and established pursuant to section 

5 1115 of such title. 

6 (b) REPORTS.—The Comptroller General shall consult 

7 with the Inspectors General when evaluating program and 

8 agency performance and shall submit to Congress a report 

9 on the results of each assessment conducted under subsection 

10 (a). The report shall include a list of recommendations on 

11 ways to improve the performance assessment and commu12 nication process and the operations of agency performance 

13 improvement officers and the Performance Improvement 

14 Council. 

15 (c) EFFECTIVENESS ASSESSMENT.—With respect to 

16 the evaluation conducted under subsection (a) in the third 

17 year after the date of the enactment of this Act, the Comp18 troller General shall include in the report relating to such 

19 evaluation submitted to Congress under this section the fol20 lowing: 

21 (1) an assessment of the effectiveness of this Act, 

22 and the amendments made by this Act; 

23 (2) the impact of this Act on sections 1115, 1116, 

24 1117, and the first 9703 of title 31, United States 


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

2 and 

3 (3) any recommendations for improving the ef4 fectiveness of sections 1115, 1116, 1117, and the first 

5 9703 of title 31, United States Code, and section 306 

6 of title 5, United States Code and reducing duplica7 tion. 

8 SEC. 9. ADDITIONS TO PERFORMANCE PLAN. 

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

10 amended— 

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

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

13 inserting ‘‘; and’’; and 

14 (3) by inserting after paragraph (6) the fol15 lowing new paragraphs: 

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

17 the problem that the program is intended to address, 

18 defined as an outcome that addresses the needs of the 

19 American people, not an input (such as staffing or re20 sources expended) or an intermediate goal (such as 

21 teachers or police hired); 

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

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

24 or local governments or the private sector to address 


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1 the problem described under paragraph (7) and the 

2 relative cost-effectiveness of such efforts; 

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

4 amount of funds expended in the previous year and 

5 state the progress made in the previous year toward 

6 solving the problem described under paragraph (7), 

7 including evidence of whether the problem is increas8 ing, decreasing, or staying the same; 

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

10 expected to be made toward addressing the problem 

11 described under paragraph (7); and 

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

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

14 problem described under paragraph (7) reduced to an 

15 acceptable level.’’. 

Amend the title so as to read: ‘‘A bill to require 

quarterly performance assessments of Government programs for purposes of assessing agency performance and 

improvement, and to establish agency performance improvement officers and the Performance Improvement 

Council.’’. 


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Union Calendar No. 288 

111TH CONGRESS 

2D SESSION H. R. 2142 

[Report No. 111–504] 

A BILL 

To require the review of Government programs at 

provement Council. ations, and to establish the Performance Imtheir performance and improving their operleast once every 5 years for purposes of assessing 

JUNE 14, 2010 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Mar 15 2010 21:02 Jun 14, 2010 Jkt 089200 PO 00000 Frm 00034 Fmt 6651 Sfmt 6651 E:\BILLS\H2142.RH H2142

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