0:'public law 111–352—jan. 4, 2011 document certified by superintendent of documents pkisupport@gpo.gov signed by superintendent of documents pkisupport@gpo.gov time: 2012.03.20',
1:'20:39:26 z reason: gpo attests that this document has not been altered since it was disseminated by gpo location: us',
2:'gpo, washington, dc 20401 gpra modernization act of 2010 124 stat. 3866 public law 111–352—jan. 4, 2011 jan. 4, 2011',
3:'[h.r. 2142] gpra modernization act of 2010. 31 usc 1101 note. deadline. public information. web posting. notification. public law 111–352',
4:'111th congress an act to require quarterly performance assessments of government programs for purposes of assessing agency performance and improvement,',
5:'and to establish agency performance improvement officers and the performance improvement council. be it enacted by the senate and house',
6:'of representatives of the united states of america in congress assembled, section 1. short title; table of contents. a short',
7:'title.—this act may be cited as the ‘‘gpra modernization act of 2010’’. b table of contents.—the table of contents for',
8:'this act is as follows: sec. 1. short title; table of contents. sec. 2. strategic planning amendments. sec. 3. performance',
9:'planning amendments. sec. 4. performance reporting amendments. sec. 5. federal government and agency priority goals. sec. 6. quarterly priority progress',
10:'reviews and use of performance information. sec. 7. transparency of federal government programs, priority goals, and results. sec. 8. agency',
11:'chief operating officers. sec. 9. agency performance improvement officers and the performance improve ment council. sec. 10. format of performance',
12:'plans and reports. sec. 11. reducing duplicative and outdated agency reporting. sec. 12. performance management skills and competencies. sec. 13.',
13:'technical and conforming amendments. sec. 14. implementation of this act. sec. 15. congressional oversight and legislation. sec. 2. strategic planning',
14:'amendments. chapter 3 of title 5, united states code, is amended by striking section 306 and inserting the following: ‘‘§',
15:'306. agency strategic plans ‘‘a not later than the first monday in february of any year following the year in',
16:'which the term of the president commences under section 101 of title 3, the head of each agency shall make',
17:'available on the public website of the agency a strategic plan and notify the president and congress of its availability.',
18:'such plan shall contain— ‘‘1 a comprehensive mission statement covering the major functions and operations of the agency; ‘‘2 general',
19:'goals and objectives, including outcomeoriented goals, for the major functions and operations of the agency; ‘‘3 a description of how',
20:'any goals and objectives contribute to the federal government priority goals required by section 1120a of title 31; public law',
21:'111–352—jan. 4, 2011 124 stat. 3867 ‘‘4 a description of how the goals and objectives are to be achieved, including—',
22:'‘‘a a description of the operational processes, skills and technology, and the human, capital, information, and other resources required to',
23:'achieve those goals and objectives; and ‘‘b a description of how the agency is working with other agencies to achieve',
24:'its goals and objectives as well as relevant federal government priority goals; ‘‘5 a description of how the goals and',
25:'objectives incor porate views and suggestions obtained through congressional consultations required under subsection d; ‘‘6 a description of how the',
26:'performance goals provided in the plan required by section 1115a of title 31, including the agency priority goals required by',
27:'section 1120b of title 31, if applicable, contribute to the general goals and objectives in the strategic plan; ‘‘7 an',
28:'identification of those key factors external to the agency and beyond its control that could significantly affect the achievement of',
29:'the general goals and objectives; and ‘‘8 a description of the program evaluations used in establishing or revising general goals',
30:'and objectives, with a schedule for future program evaluations to be conducted. ‘‘b the strategic plan shall cover a period',
31:'of not less than 4 years following the fiscal year in which the plan is submitted. as needed, the head',
32:'of the agency may make adjustments to the strategic plan to reflect significant changes in the environment in which the',
33:'agency is operating, with appropriate notification of congress. ‘‘c the performance plan required by section 1115b of title 31 shall',
34:'be consistent with the agency’s strategic plan. a performance plan may not be submitted for a fiscal year not covered',
35:'by a current strategic plan under this section. ‘‘d when developing or making adjustments to a strategic consultation. plan, the',
36:'agency shall consult periodically with the congress, including majority and minority views from the appropriate authorizing, appropriations, and oversight committees,',
37:'and shall solicit and consider the views and suggestions of those entities potentially affected by or interested in such a',
38:'plan. the agency shall consult with the appropriate committees of congress at least once every 2 years. ‘‘e the functions',
39:'and activities of this section shall be considered to be inherently governmental functions. the drafting of strategic plans under this',
40:'section shall be performed only by federal employees. ‘‘f for purposes of this section the term ‘agency’ means an definition.',
41:'executive agency defined under section 105, but does not include the central intelligence agency, the government accountability office, the united',
42:'states postal service, and the postal regulatory commission.’’. sec. 3. performance planning amendments. chapter 11 of title 31, united states',
43:'code, is amended by striking section 1115 and inserting the following: 124 stat. 3868 public law 111–352—jan. 4, 2011 coordination.',
44:'web posting. deadline. public information. web posting. notification. ‘‘§ 1115. federal government and agency performance plans ‘‘a federal government performance',
45:'plans.—in carrying out the provisions of section 1105a28, the director of the office of management and budget shall coordinate with',
46:'agencies to develop the federal government performance plan. in addition to the submission of such plan with each budget of',
47:'the united states government, the director of the office of management and budget shall ensure that all information required by',
48:'this subsection is concurrently made available on the website provided under section 1122 and updated periodically, but no less than',
49:'annually. the federal government performance plan shall— ‘‘1 establish federal government performance goals to define the level of performance to',
50:'be achieved during the year in which the plan is submitted and the next fiscal year for each of the',
51:'federal government priority goals required under section 1120a of this title; ‘‘2 identify the agencies, organizations, program activities, regulations, tax',
52:'expenditures, policies, and other activities contributing to each federal government performance goal during the current fiscal year; ‘‘3 for each',
53:'federal government performance goal, identify a lead government official who shall be responsible for coordinating the efforts to achieve the',
54:'goal; ‘‘4 establish common federal government performance indicators with quarterly targets to be used in measuring or assessing— ‘‘a overall',
55:'progress toward each federal government performance goal; and ‘‘b the individual contribution of each agency, organization, program activity, regulation, tax',
56:'expenditure, policy, and other activity identified under paragraph 2; ‘‘5 establish clearly defined quarterly milestones; and ‘‘6 identify major management',
57:'challenges that are governmentwide or crosscutting in nature and describe plans to address such challenges, including relevant performance goals, performance',
58:'indicators, and milestones. ‘‘b agency performance plans.—not later than the first monday in february of each year, the head of',
59:'each agency shall make available on a public website of the agency, and notify the president and the congress of',
60:'its availability, a performance plan covering each program activity set forth in the budget of such agency. such plan shall—',
61:'‘‘1 establish performance goals to define the level of performance to be achieved during the year in which the plan',
62:'is submitted and the next fiscal year; ‘‘2 express such goals in an objective, quantifiable, and measurable form unless authorized',
63:'to be in an alternative form under subsection c; ‘‘3 describe how the performance goals contribute to— ‘‘a the general',
64:'goals and objectives established in the agency’s strategic plan required by section 306a2 of title 5; and ‘‘b any of',
65:'the federal government performance goals established in the federal government performance plan required by subsection a1; public law 111–352—jan. 4,',
66:'2011 124 stat. 3869 ‘‘4 identify among the performance goals those which are designated as agency priority goals as required',
67:'by section 1120b of this title, if applicable; ‘‘5 provide a description of how the performance goals are to be',
68:'achieved, including— ‘‘a the operation processes, training, skills and technology, and the human, capital, information, and other resources and strategies',
69:'required to meet those performance goals; ‘‘b clearly defined milestones; ‘‘c an identification of the organizations, program activities, regulations, policies,',
70:'and other activities that contribute to each performance goal, both within and external to the agency; ‘‘d a description of',
71:'how the agency is working with other agencies to achieve its performance goals as well as relevant federal government performance',
72:'goals; and ‘‘e an identification of the agency officials responsible for the achievement of each performance goal, who shall be',
73:'known as goal leaders; ‘‘6 establish a balanced set of performance indicators to be used in measuring or assessing progress',
74:'toward each performance goal, including, as appropriate, customer service, efficiency, output, and outcome indicators; ‘‘7 provide a basis for comparing',
75:'actual program results with the established performance goals; ‘‘8 a description of how the agency will ensure the accuracy and',
76:'reliability of the data used to measure progress towards its performance goals, including an identification of— ‘‘a the means to',
77:'be used to verify and validate meas ured values; ‘‘b the sources for the data; ‘‘c the level of accuracy',
78:'required for the intended use of the data; ‘‘d any limitations to the data at the required level of accuracy;',
79:'and ‘‘e how the agency will compensate for such limitations if needed to reach the required level of accuracy; ‘‘9',
80:'describe major management challenges the agency faces and identify— ‘‘a planned actions to address such challenges; ‘‘b performance goals, performance',
81:'indicators, and milestones to measure progress toward resolving such challenges; and ‘‘c the agency official responsible for resolving such challenges;',
82:'and ‘‘10 identify lowpriority program activities based on an analysis of their contribution to the mission and goals of the',
83:'agency and include an evidencebased justification for designating a program activity as low priority. ‘‘c alternative form.—if an agency, in',
84:'consultation with the director of the office of management and budget, determines that it is not feasible to express the',
85:'performance goals for a particular program activity in an objective, quantifiable, and measurable form, the director of the office of',
86:'management and budget may authorize an alternative form. such alternative form shall— ‘‘1 include separate descriptive statements of— 124 stat.',
87:'3870 public law 111–352—jan. 4, 2011 ‘‘ai a minimally effective program; and ‘‘ii a successful program; or ‘‘b such alternative',
88:'as authorized by the director of the office of management and budget, with sufficient precision and in such terms that',
89:'would allow for an accurate, independent determination of whether the program activity’s performance meets the criteria of the description; or',
90:'‘‘2 state why it is infeasible or impractical to express a performance goal in any form for the program activity.',
91:'‘‘d treatment of program activities.—for the purpose of complying with this section, an agency may aggregate, disaggregate, or consolidate program',
92:'activities, except that any aggregation or consolidation may not omit or minimize the significance of any program activity constituting a',
93:'major function or operation for the agency. ‘‘e appendix.—an agency may submit with an annual performance plan an appendix covering',
94:'any portion of the plan that— ‘‘1 is specifically authorized under criteria established by an executive order to be kept',
95:'secret in the interest of national defense or foreign policy; and ‘‘2 is properly classified pursuant to such executive order.',
96:'‘‘f inherently governmental functions.—the functions and activities of this section shall be considered to be inherently governmental functions. the drafting',
97:'of performance plans under this section shall be performed only by federal employees. ‘‘g chief human capital officers.—with respect to',
98:'each agency with a chief human capital officer, the chief human capital officer shall prepare that portion of the annual',
99:'performance plan described under subsection b5a. ‘‘h definitions.—for purposes of this section and sections 1116 through 1125, and sections 9703',
100:'and 9704, the term— ‘‘1 ‘agency’ has the same meaning as such term is defined under section 306f of title',
101:'5; ‘‘2 ‘crosscutting’ means across organizational such as agency boundaries; ‘‘3 ‘customer service measure’ means an assessment of service delivery',
102:'to a customer, client, citizen, or other recipient, which can include an assessment of quality, timeliness, and satisfaction among other',
103:'factors; ‘‘4 ‘efficiency measure’ means a ratio of a program activity’s inputs such as costs or hours worked by employees',
104:'to its outputs amount of products or services delivered or outcomes the desired results of a program; ‘‘5 ‘major management',
105:'challenge’ means programs or management functions, within or across agencies, that have greater vulnerability to waste, fraud, abuse, and mismanagement',
106:'such as issues identified by the government accountability office as high risk or issues identified by an inspector general where',
107:'a failure to perform well could seriously affect the ability of an agency or the government to achieve its mission',
108:'or goals; ‘‘6 ‘milestone’ means a scheduled event signifying the completion of a major deliverable or a set of related',
109:'deliverables or a phase of work; public law 111–352—jan. 4, 2011 124 stat. 3871 ‘‘7 ‘outcome measure’ means an assessment',
110:'of the results of a program activity compared to its intended purpose; ‘‘8 ‘output measure’ means the tabulation, calculation, or',
111:'recording of activity or effort that can be expressed in a quantitative or qualitative manner; ‘‘9 ‘performance goal’ means a',
112:'target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal',
113:'expressed as a quantitative standard, value, or rate; ‘‘10 ‘performance indicator’ means a particular value or characteristic used to measure',
114:'output or outcome; ‘‘11 ‘program activity’ means a specific activity or project as listed in the program and financing schedules',
115:'of the annual budget of the united states government; and ‘‘12 ‘program evaluation’ means an assessment, through objective measurement and',
116:'systematic analysis, of the manner and extent to which federal programs achieve intended objectives.’’. sec. 4. performance reporting amendments. chapter',
117:'11 of title 31, united states code, is amended by striking section 1116 and inserting the following: ‘‘§ 1116. agency',
118:'performance reporting ‘‘a the head of each agency shall make available on a public website of the agency and to',
119:'the office of management and budget an update on agency performance. ‘‘b1 each update shall compare actual performance achieved with',
120:'the performance goals established in the agency performance plan under section 1115b and shall occur no less than 150 days',
121:'after the end of each fiscal year, with more frequent updates of actual performance on indicators that provide data of',
122:'significant value to the government, congress, or program partners at a reasonable level of administrative burden. ‘‘2 if performance goals',
123:'are specified in an alternative form under section 1115c, the results shall be described in relation to such specifications, including',
124:'whether the performance failed to meet the criteria of a minimally effective or successful program. ‘‘c each update shall— ‘‘1',
125:'review the success of achieving the performance goals and include actual results for the 5 preceding fiscal years; ‘‘2 evaluate',
126:'the performance plan for the current fiscal year relative to the performance achieved toward the performance goals during the period',
127:'covered by the update; ‘‘3 explain and describe where a performance goal has not been met including when a program',
128:'activity’s performance is determined not to have met the criteria of a successful program activity under section 1115c1aii or a',
129:'corresponding level of achievement if another alternative form is used— ‘‘a why the goal was not met; ‘‘b those plans',
130:'and schedules for achieving the established performance goal; and ‘‘c if the performance goal is impractical or infeasible, why that',
131:'is the case and what action is recommended; public information. web posting. deadline. 124 stat. 3872 public law 111–352—jan. 4,',
132:'2011 classified information. deadline. determination. designation. submission. ‘‘4 describe the use and assess the effectiveness in achieving performance goals of',
133:'any waiver under section 9703 of this title; ‘‘5 include a review of the performance goals and evalua tion of',
134:'the performance plan relative to the agency’s strategic human capital management; ‘‘6 describe how the agency ensures the accuracy and',
135:'reliability of the data used to measure progress towards its performance goals, including an identification of— ‘‘a the means used',
136:'to verify and validate measured values; ‘‘b the sources for the data; ‘‘c the level of accuracy required for the',
137:'intended use of the data; ‘‘d any limitations to the data at the required level of accuracy; and ‘‘e how',
138:'the agency has compensated for such limita tions if needed to reach the required level of accuracy; and ‘‘7 include',
139:'the summary findings of those program evalua tions completed during the period covered by the update. ‘‘d if an agency',
140:'performance update includes any program activity or information that is specifically authorized under criteria established by an executive order to',
141:'be kept secret in the interest of national defense or foreign policy and is properly classified pursuant to such executive',
142:'order, the head of the agency shall make such information available in the classified appendix provided under section 1115e. ‘‘e',
143:'the functions and activities of this section shall be considered to be inherently governmental functions. the drafting of agency performance',
144:'updates under this section shall be performed only by federal employees. ‘‘f each fiscal year, the office of management and',
145:'budget shall determine whether the agency programs or activities meet performance goals and objectives outlined in the agency performance plans',
146:'and submit a report on unmet goals to— ‘‘1 the head of the agency; ‘‘2 the committee on homeland security',
147:'and govern mental affairs of the senate; ‘‘3 the committee on oversight and governmental reform of the house of representatives;',
148:'and ‘‘4 the government accountability office. ‘‘g if an agency’s programs or activities have not met performance goals as determined',
149:'by the office of management and budget for 1 fiscal year, the head of the agency shall submit a performance',
150:'improvement plan to the office of management and budget to increase program effectiveness for each unmet goal with measurable milestones.',
151:'the agency shall designate a senior official who shall oversee the performance improvement strategies for each unmet goal. ‘‘h1 if',
152:'the office of management and budget determines that agency programs or activities have unmet performance goals for 2 consecutive fiscal',
153:'years, the head of the agency shall— ‘‘a submit to congress a description of the actions the administration will take',
154:'to improve performance, including proposed statutory changes or planned executive actions; and public law 111–352—jan. 4, 2011 124 stat. 3873',
155:'‘‘b describe any additional funding the agency will obligate to achieve the goal, if such an action is determined appropriate',
156:'in consultation with the director of the office of management and budget, for an amount determined appropriate by the director.',
157:'‘‘2 in providing additional funding described under paragraph 1b, the head of the agency shall use any reprogramming or transfer',
158:'authority available to the agency. if after exercising such authority additional funding is necessary to achieve the level determined appropriate',
159:'by the director of the office of management and budget, the head of the agency shall submit a request to',
160:'congress for additional reprogramming or transfer authority. ‘‘i if an agency’s programs or activities have not met performance goals as',
161:'determined by the office of management and budget for 3 consecutive fiscal years, the director of the office of management',
162:'and budget shall submit recommendations to congress on actions to improve performance not later than 60 days after that determination,',
163:'including— ‘‘1 reauthorization proposals for each program or activity that has not met performance goals; ‘‘2 proposed statutory changes necessary',
164:'for the program activities to achieve the proposed level of performance on each performance goal; and ‘‘3 planned executive actions',
165:'or identification of the program for termination or reduction in the president’s budget.’’. sec. 5. federal government and agency priority',
166:'goals. chapter 11 of title 31, united states code, is amended by adding after section 1119 the following: ‘‘§ 1120.',
167:'federal government and agency priority goals ‘‘a federal government priority goals.— ‘‘1 the director of the office of management and',
168:'budget shall coordinate with agencies to develop priority goals to improve the performance and management of the federal government. such',
169:'federal government priority goals shall include— ‘‘a outcomeoriented goals covering a limited number of crosscutting policy areas; and ‘‘b goals',
170:'for management improvements needed across the federal government, including— ‘‘i financial management; ‘‘ii human capital management; ‘‘iii information technology management;',
171:'‘‘iv procurement and acquisition management; and ‘‘v real property management; ‘‘2 the federal government priority goals shall be long term',
172:'in nature. at a minimum, the federal government priority goals shall be updated or revised every 4 years and made',
173:'publicly available concurrently with the submission of the budget of the united states government made in the first full fiscal',
174:'year following any year in which the term of the president commences under section 101 of title 3. as needed,',
175:'the director of the office of management and budget may make adjustments to the federal government priority goals to reflect',
176:'significant changes in the environment in which the request. recommenda tions. deadline. deadline. public information. 124 stat. 3874 consultation. consultation.',
177:'deadline. web posting. deadline. determination. time period. classified information. public law 111–352—jan. 4, 2011 federal government is operating, with appropriate',
178:'notification of congress. ‘‘3 when developing or making adjustments to federal government priority goals, the director of the office of',
179:'management and budget shall consult periodically with the congress, including obtaining majority and minority views from— ‘‘a the committees on',
180:'appropriations of the senate and the house of representatives; ‘‘b the committees on the budget of the senate and the',
181:'house of representatives; ‘‘c the committee on homeland security and governmental affairs of the senate; ‘‘d the committee on oversight',
182:'and government reform of the house of representatives; ‘‘e the committee on finance of the senate; ‘‘f the committee on',
183:'ways and means of the house of representatives; and ‘‘g any other committees as determined appropriate; ‘‘4 the director of',
184:'the office of management and budget shall consult with the appropriate committees of congress at least once every 2 years.',
185:'‘‘5 the director of the office of management and budget shall make information about the federal government priority goals available',
186:'on the website described under section 1122 of this title. ‘‘6 the federal government performance plan required under section 1115a',
187:'of this title shall be consistent with the federal government priority goals. ‘‘b agency priority goals.— ‘‘1 every 2 years,',
188:'the head of each agency listed in section 901b of this title, or as otherwise determined by the director of',
189:'the office of management and budget, shall identify agency priority goals from among the performance goals of the agency. the',
190:'director of the office of management and budget shall determine the total number of agency priority goals across the government,',
191:'and the number to be developed by each agency. the agency priority goals shall— ‘‘a reflect the highest priorities of',
192:'the agency, as determined by the head of the agency and informed by the federal government priority goals provided under',
193:'subsection a and the consultations with congress and other interested parties required by section 306d of title 5; ‘‘b have',
194:'ambitious targets that can be achieved within a 2year period; ‘‘c have a clearly identified agency official, known as a',
195:'goal leader, who is responsible for the achievement of each agency priority goal; ‘‘d have interim quarterly targets for performance',
196:'indicators if more frequent updates of actual performance provides data of significant value to the government, congress, or program partners',
197:'at a reasonable level of administrative burden; and ‘‘e have clearly defined quarterly milestones. ‘‘2 if an agency priority goal',
198:'includes any program activity or information that is specifically authorized under criteria established by an executive order to be kept',
199:'secret in the interest of national defense or foreign policy and is properly public law 111–352—jan. 4, 2011 124 stat.',
200:'3875 classified pursuant to such executive order, the head of the agency shall make such information available in the classified',
201:'appendix provided under section 1115e. ‘‘c the functions and activities of this section shall be consid ered to be inherently',
202:'governmental functions. the development of federal government and agency priority goals shall be performed only by federal employees.’’. sec. 6.',
203:'quarterly priority progress reviews and use of performance information. chapter 11 of title 31, united states code, is amended by',
204:'adding after section 1120 as added by section 5 of this act the following: ‘‘§ 1121. quarterly priority progress reviews',
205:'and use of performance information ‘‘a use of performance information to achieve federal government priority goals.—not less than quarterly, the',
206:'director of the office of management and budget, with the support of the performance improvement council, shall— ‘‘1 for each',
207:'federal government priority goal required by section 1120a of this title, review with the appropriate lead government official the progress',
208:'achieved during the most recent quarter, overall trend data, and the likelihood of meeting the planned level of performance; ‘‘2',
209:'include in such reviews officials from the agencies, organizations, and program activities that contribute to the accomplishment of each federal',
210:'government priority goal; ‘‘3 assess whether agencies, organizations, program activiassessment. ties, regulations, tax expenditures, policies, and other activities are contributing',
211:'as planned to each federal government priority goal; ‘‘4 categorize the federal government priority goals by risk of not achieving',
212:'the planned level of performance; and ‘‘5 for the federal government priority goals at greatest risk of not meeting the',
213:'planned level of performance, identify prospects and strategies for performance improvement, including any needed changes to agencies, organizations, program activities,',
214:'regulations, tax expenditures, policies or other activities. ‘‘b agency use of performance information to achieve agency priority goals.—not less than',
215:'quarterly, at each agency required to develop agency priority goals required by section 1120b of this title, the head of',
216:'the agency and chief operating officer, with the support of the agency performance improvement officer, shall— ‘‘1 for each agency',
217:'priority goal, review with the appropriate goal leader the progress achieved during the most recent quarter, overall trend data, and',
218:'the likelihood of meeting the planned level of performance; ‘‘2 coordinate with relevant personnel within and outside the agency who',
219:'contribute to the accomplishment of each agency priority goal; ‘‘3 assess whether relevant organizations, program activiassessment. ties, regulations, policies, and',
220:'other activities are contributing as planned to the agency priority goals; 124 stat. 3876 public law 111–352—jan. 4, 2011 deadline.',
221:'‘‘4 categorize agency priority goals by risk of not achieving the planned level of performance; and ‘‘5 for agency priority',
222:'goals at greatest risk of not meeting the planned level of performance, identify prospects and strategies for performance improvement, including',
223:'any needed changes to agency program activities, regulations, policies, or other activities.’’. sec. 7. transparency of federal government programs, priority',
224:'goals, and results. chapter 11 of title 31, united states code, is amended by adding after section 1121 as added',
225:'by section 6 of this act the following: ‘‘§ 1122. transparency of programs, priority goals, and results ‘‘a transparency of',
226:'agency programs.— ‘‘1 in general.—not later than october 1, 2012, the office of management and budget shall— ‘‘a ensure the',
227:'effective operation of a single website; ‘‘b at a minimum, update the website on a quarterly basis; and ‘‘c include',
228:'on the website information about each program identified by the agencies. ‘‘2 information.—information for each program described under paragraph 1',
229:'shall include— ‘‘a an identification of how the agency defines the term ‘program’, consistent with guidance provided by the director',
230:'of the office of management and budget, including the program activities that are aggregated, disaggregated, or consolidated to be considered',
231:'a program by the agency; ‘‘b a description of the purposes of the program and the contribution of the program',
232:'to the mission and goals of the agency; and ‘‘c an identification of funding for the current fiscal year and',
233:'previous 2 fiscal years. ‘‘b transparency of agency priority goals and results.—the head of each agency required to develop agency',
234:'priority goals shall make information about each agency priority goal available to the office of management and budget for publication',
235:'on the website, with the exception of any information covered by section 1120b2 of this title. in addition to an',
236:'identification of each agency priority goal, the website shall also consolidate information about each agency priority goal, including— ‘‘1 a',
237:'description of how the agency incorporated any views and suggestions obtained through congressional consultations about the agency priority goal; ‘‘2',
238:'an identification of key factors external to the agency and beyond its control that could significantly affect the achievement of',
239:'the agency priority goal; ‘‘3 a description of how each agency priority goal will be achieved, including— ‘‘a the strategies',
240:'and resources required to meet the priority goal; ‘‘b clearly defined milestones; ‘‘c the organizations, program activities, regulations, policies, and',
241:'other activities that contribute to each goal, both within and external to the agency; public law 111–352—jan. 4, 2011 124',
242:'stat. 3877 ‘‘d how the agency is working with other agencies to achieve the goal; and ‘‘e an identification of',
243:'the agency official responsible for achieving the priority goal; ‘‘4 the performance indicators to be used in measuring or assessing',
244:'progress; ‘‘5 a description of how the agency ensures the accuracy and reliability of the data used to measure progress',
245:'towards the priority goal, including an identification of— ‘‘a the means used to verify and validate measured values; ‘‘b the',
246:'sources for the data; ‘‘c the level of accuracy required for the intended use of the data; ‘‘d any limitations',
247:'to the data at the required level of accuracy; and ‘‘e how the agency has compensated for such limitations if',
248:'needed to reach the required level of accuracy; ‘‘6 the results achieved during the most recent quarter and overall trend',
249:'data compared to the planned level of performance; ‘‘7 an assessment of whether relevant organizations, program activities, regulations, policies, and',
250:'other activities are contributing as planned; ‘‘8 an identification of the agency priority goals at risk of not achieving the',
251:'planned level of performance; and ‘‘9 any prospects or strategies for performance improvement. ‘‘c transparency of federal government priority goals',
252:'and results.—the director of the office of management and web posting. budget shall also make available on the website— ‘‘1',
253:'a brief description of each of the federal government priority goals required by section 1120a of this title; ‘‘2 a',
254:'description of how the federal government priority goals incorporate views and suggestions obtained through congressional consultations; ‘‘3 the federal government',
255:'performance goals and performance indicators associated with each federal government priority goal as required by section 1115a of this title;',
256:'‘‘4 an identification of the lead government official for each federal government performance goal; ‘‘5 the results achieved during the',
257:'most recent quarter and overall trend data compared to the planned level of performance; ‘‘6 an identification of the agencies,',
258:'organizations, program activities, regulations, tax expenditures, policies, and other activities that contribute to each federal government priority goal; ‘‘7 an',
259:'assessment of whether relevant agencies, organizaassessment. tions, program activities, regulations, tax expenditures, policies, and other activities are contributing as planned;',
260:'‘‘8 an identification of the federal government priority goals at risk of not achieving the planned level of performance; and',
261:'‘‘9 any prospects or strategies for performance improvement. 124 stat. 3878 public law 111–352—jan. 4, 2011 public information. guidance. ‘‘d',
262:'information on website.—the information made available on the website under this section shall be readily accessible and easily found on',
263:'the internet by the public and members and committees of congress. such information shall also be presented in a searchable,',
264:'machinereadable format. the director of the office of management and budget shall issue guidance to ensure that such information is',
265:'provided in a way that presents a coherent picture of all federal programs, and the performance of the federal government',
266:'as well as individual agencies.’’. sec. 8. agency chief operating officers. chapter 11 of title 31, united states code, is',
267:'amended by adding after section 1122 as added by section 7 of this act the following: ‘‘§ 1123. chief operating',
268:'officers ‘‘a establishment.—at each agency, the deputy head of agency, or equivalent, shall be the chief operating officer of the',
269:'agency. ‘‘b function.—each chief operating officer shall be responsible for improving the management and performance of the agency, and shall—',
270:'‘‘1 provide overall organization management to improve agency performance and achieve the mission and goals of the agency through the',
271:'use of strategic and performance planning, measurement, analysis, regular assessment of progress, and use of performance information to improve the',
272:'results achieved; ‘‘2 advise and assist the head of agency in carrying out the requirements of sections 1115 through 1122',
273:'of this title and section 306 of title 5; ‘‘3 oversee agencyspecific efforts to improve management functions within the agency',
274:'and across government; and ‘‘4 coordinate and collaborate with relevant personnel within and external to the agency who have a',
275:'significant role in contributing to and achieving the mission and goals of the agency, such as the chief financial officer,',
276:'chief human capital officer, chief acquisition officer/senior procurement executive, chief information officer, and other line of business chiefs at the',
277:'agency.’’. sec. 9. agency performance improvement officers and the performance improvement council. chapter 11 of title 31, united states code,',
278:'is amended by adding after section 1123 as added by section 8 of this act the following: ‘‘§ 1124. performance',
279:'improvement officers and the performance improvement council ‘‘a performance improvement officers.— ‘‘1 establishment.—at each agency, the head of the agency,',
280:'in consultation with the agency chief operating officer, shall designate a senior executive of the agency as the agency performance',
281:'improvement officer. ‘‘2 function.—each performance improvement officer shall report directly to the chief operating officer. subject to the direction of',
282:'the chief operating officer, each performance improvement officer shall— public law 111–352—jan. 4, 2011 124 stat. 3879 ‘‘a advise and',
283:'assist the head of the agency and the chief operating officer to ensure that the mission and goals of the',
284:'agency are achieved through strategic and performance planning, measurement, analysis, regular assessment of progress, and use of performance information to',
285:'improve the results achieved; ‘‘b advise the head of the agency and the chief operating officer on the selection of',
286:'agency goals, including opportunities to collaborate with other agencies on common goals; ‘‘c assist the head of the agency and',
287:'the chief operating officer in overseeing the implementation of the agency strategic planning, performance planning, and reporting requirements provided under',
288:'sections 1115 through 1122 of this title and sections 306 of title 5, including the contributions of the agency to',
289:'the federal government priority goals; ‘‘d support the head of agency and the chief operating officer in the conduct of',
290:'regular reviews of agency performance, including at least quarterly reviews of progress achieved toward agency priority goals, if applicable; ‘‘e',
291:'assist the head of the agency and the chief operating officer in the development and use within the agency of',
292:'performance measures in personnel performance appraisals, and, as appropriate, other agency personnel and planning processes and assessments; and ‘‘f ensure',
293:'that agency progress toward the achievement of all goals is communicated to leaders, managers, and employees in the agency and',
294:'congress, and made available on a public website of the agency. ‘‘b performance improvement council.— ‘‘1 establishment.—there is established a',
295:'performance improvement council, consisting of— ‘‘a the deputy director for management of the office of management and budget, who shall',
296:'act as chairperson of the council; ‘‘b the performance improvement officer from each agency defined in section 901b of this',
297:'title; ‘‘c other performance improvement officers as determined appropriate by the chairperson; and ‘‘d other individuals as determined appropriate by',
298:'the chairperson. ‘‘2 function.—the performance improvement council shall— ‘‘a be convened by the chairperson or the designee of the chairperson,',
299:'who shall preside at the meetings of the performance improvement council, determine its agenda, direct its work, and establish and',
300:'direct subgroups of the performance improvement council, as appropriate, to deal with particular subject matters; ‘‘b assist the director of',
301:'the office of management and budget to improve the performance of the federal government and achieve the federal government priority',
302:'goals; ‘‘c assist the director of the office of management and budget in implementing the planning, reporting, and public information.',
303:'web posting. 124 stat. 3880 public law 111–352—jan. 4, 2011 31 usc 1115 note. web posting. guidance. use of performance',
304:'information requirements related to the federal government priority goals provided under sections 1115, 1120, 1121, and 1122 of this title;',
305:'‘‘d work to resolve specific governmentwide or crosscutting performance issues, as necessary; ‘‘e facilitate the exchange among agencies of practices',
306:'that have led to performance improvements within specific programs, agencies, or across agencies; ‘‘f coordinate with other interagency management councils;',
307:'‘‘g seek advice and information as appropriate from nonmember agencies, particularly smaller agencies; ‘‘h consider the performance improvement experiences of',
308:'corporations, nonprofit organizations, foreign, state, and local governments, government employees, public sector unions, and customers of government services; ‘‘i receive',
309:'such assistance, information and advice from agencies as the council may request, which agencies shall provide to the extent permitted',
310:'by law; and ‘‘j develop and submit to the director of the office of management and budget, or when appropriate',
311:'to the president through the director of the office of management and budget, at times and in such formats as',
312:'the chairperson may specify, recommendations to streamline and improve performance management policies and requirements. ‘‘3 support.— ‘‘a in general.—the administrator',
313:'of general services shall provide administrative and other support for the council to implement this section. ‘‘b personnel.—the heads of',
314:'agencies with performance improvement officers serving on the council shall, as appropriate and to the extent permitted by law, provide',
315:'at the request of the chairperson of the performance improvement council up to 2 personnel authorizations to serve at the',
316:'direction of the chairperson.’’. sec. 10. format of performance plans and reports. a searchable, machinereadable plans and reports.— for fiscal',
317:'year 2012 and each fiscal year thereafter, each agency required to produce strategic plans, performance plans, and performance updates in',
318:'accordance with the amendments made by this act shall— 1 not incur expenses for the printing of strategic plans, performance',
319:'plans, and performance reports for release external to the agency, except when providing such documents to the congress; 2 produce',
320:'such plans and reports in searchable, machine readable formats; and 3 make such plans and reports available on the website',
321:'described under section 1122 of title 31, united states code. b webbased performance planning and reporting.— 1 in general.—not later',
322:'than june 1, 2012, the director of the office of management and budget shall issue guidance to agencies to provide',
323:'concise and timely performance information for publication on the website described under section public law 111–352—jan. 4, 2011 124 stat.',
324:'3881 1122 of title 31, united states code, including, at a minimum, all requirements of sections 1115 and 1116 of',
325:'title 31, united states code, except for section 1115e. 2 highpriority goals.—for agencies required to develop agency priority goals under',
326:'section 1120b of title 31, united states code, the performance information required under this section shall be merged with the',
327:'existing information required under section 1122 of title 31, united states code. 3 considerations.—in developing guidance under this subsection, the',
328:'director of the office of management and budget shall take into consideration the experiences of agencies in making consolidated performance',
329:'planning and reporting information available on the website as required under section 1122 of title 31, united states code. sec.',
330:'11. reducing duplicative and outdated agency reporting. a budget contents.—section 1105a of title 31, united states code, is amended— 1',
331:'by redesignating second paragraph 33 as paragraph 35; and 2 by adding at the end the following: ‘‘37 the list',
332:'of plans and reports, as provided for under section 1125, that agencies identified for elimination or consolidation because the plans',
333:'and reports are determined outdated or duplicative of other required plans and reports.’’. b elimination of unnecessary agency reporting.— chapter',
334:'11 of title 31, united states code, is further amended by adding after section 1124 as added by section 9',
335:'of this act the following: ‘‘§ 1125. elimination of unnecessary agency reporting ‘‘a agency identification of unnecessary reports.— annually, based',
336:'on guidance provided by the director of the office of management and budget, the chief operating officer at each agency',
337:'shall— ‘‘1 compile a list that identifies all plans and reports the agency produces for congress, in accordance with statutory',
338:'requirements or as directed in congressional reports; ‘‘2 analyze the list compiled under paragraph 1, identify which plans and reports',
339:'are outdated or duplicative of other required plans and reports, and refine the list to include only the plans and',
340:'reports identified to be outdated or duplicative; ‘‘3 consult with the congressional committees that receive the plans and reports identified',
341:'under paragraph 2 to determine whether those plans and reports are no longer useful to the committees and could be',
342:'eliminated or consolidated with other plans and reports; and ‘‘4 provide a total count of plans and reports compiled under',
343:'paragraph 1 and the list of outdated and duplicative reports identified under paragraph 2 to the director of the office',
344:'of management and budget. ‘‘b plans and reports.— ‘‘1 first year.—during the first year of implementation of this section, the',
345:'list of plans and reports identified by each agency as outdated or duplicative shall be not less than 10 124',
346:'stat. 3882 public law 111–352—jan. 4, 2011 determination. deadlines. 5 usc 5105 note. percent of all plans and reports identified',
347:'under subsection a1. ‘‘2 subsequent years.—in each year following the first year described under paragraph 1, the director of the',
348:'office of management and budget shall determine the minimum percent of plans and reports to be identified as outdated or',
349:'duplicative on each list of plans and reports. ‘‘c request for elimination of unnecessary reports.— in addition to including the',
350:'list of plans and reports determined to be outdated or duplicative by each agency in the budget of the united',
351:'states government, as provided by section 1105a37, the director of the office of management and budget may concurrently submit to',
352:'congress legislation to eliminate or consolidate such plans and reports.’’. sec. 12. performance management skills and competencies. a performance management',
353:'skills and competencies.— not later than 1 year after the date of enactment of this act, the director of the',
354:'office of personnel management, in consultation with the performance improvement council, shall identify the key skills and competencies needed by',
355:'federal government personnel for developing goals, evaluating programs, and analyzing and using performance information for the purpose of improving government',
356:'efficiency and effectiveness. b position classifications.—not later than 2 years after the date of enactment of this act, based on',
357:'the identifications under subsection a, the director of the office of personnel management shall incorporate, as appropriate, such key skills',
358:'and competencies into relevant position classifications. c incorporation into existing agency training.—not later than 2 years after the enactment of',
359:'this act, the director of the office of personnel management shall work with each agency, as defined under section 306f',
360:'of title 5, united states code, to incorporate the key skills identified under subsection a into training for relevant employees',
361:'at each agency. sec. 13. technical and conforming amendments. a the table of contents for chapter 3 of title 5,',
362:'united states code, is amended by striking the item relating to section 306 and inserting the following: ‘‘306. agency strategic',
363:'plans.’’. b the table of contents for chapter 11 of title 31, united states code, is amended by striking the',
364:'items relating to section 1115 and 1116 and inserting the following: ‘‘1115. federal government and agency performance plans. ‘‘1116. agency',
365:'performance reporting.’’. c the table of contents for chapter 11 of title 31, united states code, is amended by adding',
366:'at the end the following: ‘‘1120. federal government and agency priority goals. ‘‘1121. quarterly priority progress reviews and use of',
367:'performance information. ‘‘1122. transparency of programs, priority goals, and results. ‘‘1123. chief operating officers. ‘‘1124. performance improvement officers and the',
368:'performance improvement coun cil. ‘‘1125. elimination of unnecessary agency reporting.’’. public law 111–352—jan. 4, 2011 124 stat. 3883 sec. 14.',
369:'implementation of this act. a interim planning and reporting.— 1 in general.—the director of the office of management and budget',
370:'shall coordinate with agencies to develop interim federal government priority goals and submit interim federal government performance plans consistent with',
371:'the requirements of this act beginning with the submission of the fiscal year 2013 budget of the united states government.',
372:'2 requirements.—each agency shall— a not later than february 6, 2012, make adjustments to its strategic plan to make the',
373:'plan consistent with the requirements of this act; b prepare and submit performance plans consistent with the requirements of this',
374:'act, including the identification of agency priority goals, beginning with the performance plan for fiscal year 2013; and c make',
375:'performance reporting updates consistent with the requirements of this act beginning in fiscal year 2012. 3 quarterly reviews.—the quarterly priority',
376:'progress reviews required under this act shall begin— a with the first full quarter beginning on or after the date',
377:'of enactment of this act for agencies based on the agency priority goals contained in the analytical perspectives volume of',
378:'the fiscal year 2011 budget of the united states government; and b with the quarter ending june 30, 2012 for',
379:'the interim federal government priority goals. b guidance.—the director of the office of management and budget shall prepare guidance for',
380:'agencies in carrying out the interim planning and reporting activities required under subsection a, in addition to other guidance as',
381:'required for implementation of this act. sec. 15. congressional oversight and legislation. a in general.—nothing in this act shall be',
382:'construed as limiting the ability of congress to establish, amend, suspend, or annul a goal of the federal government or',
383:'an agency. b gao reviews.— 1 interim planning and reporting evaluation.—not later than june 30, 2013, the comptroller general shall',
384:'submit a report to congress that includes— a an evaluation of the implementation of the interim planning and reporting activities',
385:'conducted under section 14 of this act; and b any recommendations for improving implementation of this act as determined appropriate.',
386:'2 implementation evaluations.— a in general.—the comptroller general shall evaluate the implementation of this act subsequent to the interim planning',
387:'and reporting activities evaluated in the report submitted to congress under paragraph 1. b agency implementation.— i evaluations.—the comptroller general',
388:'shall evaluate how implementation of this act is affecting performance management at the agencies described in section 901b of title',
389:'31, united states code, 31 usc 1115 note. coordination. deadline. plan. 31 usc 1115 note. 124 stat. 3884 public law',
390:'111–352—jan. 4, 2011 including whether performance management is being used by those agencies to improve the efficiency and effectiveness of',
391:'agency programs. ii reports.—the comptroller general shall submit to congress— i an initial report on the evaluation under clause i,',
392:'not later than september 30, 2015; and ii a subsequent report on the evaluation under clause i, not later than',
393:'september 30, 2017. c federal government planning and reporting implementation.— i evaluations.—the comptroller general shall evaluate the implementation of the',
394:'federal government priority goals, federal government performance plans and related reporting required by this act. ii reports.—the comptroller general shall',
395:'submit to congress— i an initial report on the evaluation under clause i, not later than september 30, 2015; and',
396:'ii subsequent reports on the evaluation under clause i, not later than september 30, 2017 and every 4 years thereafter.',
397:'d recommendations.—the comptroller general shall include in the reports required by subparagraphs b and c any recommendations for improving implementation',
398:'of this act and for streamlining the planning and reporting requirements of the government performance and results act of 1993.',
399:'approved january 4, 2011. legislative history—h.r. 2142: house reports: no. 111–504 comm. on oversight and government reform. senate reports: no.',
400:'111–372 comm. on homeland security and governmental affairs. congressional record, vol. 156 2010: june 16, considered and passed house. dec.',
401:'16, considered and passed senate, amended. dec. 17, house failed to concur in senate amendment. dec. 21, house concurred in',
402:'senate amendment. æ',