[111th Congress Public Law 352]
[From the U.S. Government Printing Office]
[[Page 3865]]
GPRA MODERNIZATION ACT OF 2010
[[Page 124 STAT. 3866]]
Public Law 111-352
111th Congress
An Act
To require quarterly performance assessments of Government programs for
purposes of assessing agency performance and improvement, and to
establish agency performance improvement officers and the Performance
Improvement Council. <<NOTE: Jan. 4, 2011 - [H.R. 2142]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: GPRA
Modernization Act of 2010.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 31 USC 1101 note.>> Short Title.--This Act may be cited
as the ``GPRA Modernization Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Strategic planning amendments.
Sec. 3. Performance planning amendments.
Sec. 4. Performance reporting amendments.
Sec. 5. Federal Government and agency priority goals.
Sec. 6. Quarterly priority progress reviews and use of performance
information.
Sec. 7. Transparency of Federal Government programs, priority goals, and
results.
Sec. 8. Agency Chief Operating Officers.
Sec. 9. Agency Performance Improvement Officers and the Performance
Improvement Council.
Sec. 10. Format of performance plans and reports.
Sec. 11. Reducing duplicative and outdated agency reporting.
Sec. 12. Performance management skills and competencies.
Sec. 13. Technical and conforming amendments.
Sec. 14. Implementation of this Act.
Sec. 15. Congressional oversight and legislation.
SEC. 2. STRATEGIC PLANNING AMENDMENTS.
Chapter 3 of title 5, United States Code, is amended by striking
section 306 and inserting the following:
``Sec. 306. Agency strategic plans
``(a) <<NOTE: Deadline. Public information. Web
posting. Notification.>> Not later than the first Monday in February of
any year following the year in which the term of the President commences
under section 101 of title 3, the head of each agency shall make
available on the public website of the agency a strategic plan and
notify the President and Congress of its availability. Such plan shall
contain--
``(1) a comprehensive mission statement covering the major
functions and operations of the agency;
``(2) general goals and objectives, including outcome-
oriented goals, for the major functions and operations of the
agency;
``(3) a description of how any goals and objectives
contribute to the Federal Government priority goals required by
section 1120(a) of title 31;
[[Page 124 STAT. 3867]]
``(4) a description of how the goals and objectives are to
be achieved, including--
``(A) a description of the operational processes,
skills and technology, and the human, capital,
information, and other resources required to achieve
those goals and objectives; and
``(B) a description of how the agency is working
with other agencies to achieve its goals and objectives
as well as relevant Federal Government priority goals;
``(5) a description of how the goals and objectives
incorporate views and suggestions obtained through congressional
consultations required under subsection (d);
``(6) a description of how the performance goals provided in
the plan required by section 1115(a) of title 31, including the
agency priority goals required by section 1120(b) of title 31,
if applicable, contribute to the general goals and objectives in
the strategic plan;
``(7) an identification of those key factors external to the
agency and beyond its control that could significantly affect
the achievement of the general goals and objectives; and
``(8) a description of the program evaluations used in
establishing or revising general goals and objectives, with a
schedule for future program evaluations to be conducted.
``(b) The strategic plan shall cover a period of not less than 4
years following the fiscal year in which the plan is submitted. As
needed, the head of the agency may make adjustments to the strategic
plan to reflect significant changes in the environment in which the
agency is operating, with appropriate notification of Congress.
``(c) The performance plan required by section 1115(b) of title 31
shall be consistent with the agency's strategic plan. A performance plan
may not be submitted for a fiscal year not covered by a current
strategic plan under this section.
``(d) <<NOTE: Consultation.>> When developing or making adjustments
to a strategic plan, the agency shall consult periodically with the
Congress, including majority and minority views from the appropriate
authorizing, appropriations, and oversight committees, and shall solicit
and consider the views and suggestions of those entities potentially
affected by or interested in such a plan. The agency shall consult with
the appropriate committees of Congress at least once every 2 years.
``(e) The functions and activities of this section shall be
considered to be inherently governmental functions. The drafting of
strategic plans under this section shall be performed only by Federal
employees.
``(f) <<NOTE: Definition.>> For purposes of this section the term
`agency' means an Executive agency defined under section 105, but does
not include the Central Intelligence Agency, the Government
Accountability Office, the United States Postal Service, and the Postal
Regulatory Commission.''.
SEC. 3. PERFORMANCE PLANNING AMENDMENTS.
Chapter 11 of title 31, United States Code, is amended by striking
section 1115 and inserting the following:
[[Page 124 STAT. 3868]]
``Sec. 1115. Federal Government and agency performance plans
``(a) <<NOTE: Coordination.>> Federal Government Performance
Plans.--In carrying out the provisions of section 1105(a)(28), the
Director of the Office of Management and Budget shall coordinate with
agencies to develop the Federal Government performance plan. <<NOTE: Web
posting.>> In addition to the submission of such plan with each budget
of the United States Government, the Director of the Office of
Management and Budget shall ensure that all information required by this
subsection is concurrently made available on the website provided under
section 1122 and updated periodically, but no less than annually. The
Federal Government performance plan shall--
``(1) establish Federal Government performance goals to
define the level of performance to be achieved during the year
in which the plan is submitted and the next fiscal year for each
of the Federal Government priority goals required under section
1120(a) of this title;
``(2) identify the agencies, organizations, program
activities, regulations, tax expenditures, policies, and other
activities contributing to each Federal Government performance
goal during the current fiscal year;
``(3) for each Federal Government performance goal, identify
a lead Government official who shall be responsible for
coordinating the efforts to achieve the goal;
``(4) establish common Federal Government performance
indicators with quarterly targets to be used in measuring or
assessing--
``(A) overall progress toward each Federal
Government performance goal; and
``(B) the individual contribution of each agency,
organization, program activity, regulation, tax
expenditure, policy, and other activity identified under
paragraph (2);
``(5) establish clearly defined quarterly milestones; and
``(6) identify major management challenges that are
Governmentwide or crosscutting in nature and describe plans to
address such challenges, including relevant performance goals,
performance indicators, and milestones.
``(b) <<NOTE: Deadline. Public information. Web
posting. Notification.>> Agency Performance Plans.--Not later than the
first Monday in February of each year, the head of each agency shall
make available on a public website of the agency, and notify the
President and the Congress of its availability, a performance plan
covering each program activity set forth in the budget of such agency.
Such plan shall--
``(1) establish performance goals to define the level of
performance to be achieved during the year in which the plan is
submitted and the next fiscal year;
``(2) express such goals in an objective, quantifiable, and
measurable form unless authorized to be in an alternative form
under subsection (c);
``(3) describe how the performance goals contribute to--
``(A) the general goals and objectives established
in the agency's strategic plan required by section
306(a)(2) of title 5; and
``(B) any of the Federal Government performance
goals established in the Federal Government performance
plan required by subsection (a)(1);
[[Page 124 STAT. 3869]]
``(4) identify among the performance goals those which are
designated as agency priority goals as required by section
1120(b) of this title, if applicable;
``(5) provide a description of how the performance goals are
to be achieved, including--
``(A) the operation processes, training, skills and
technology, and the human, capital, information, and
other resources and strategies required to meet those
performance goals;
``(B) clearly defined milestones;
``(C) an identification of the organizations,
program activities, regulations, policies, and other
activities that contribute to each performance goal,
both within and external to the agency;
``(D) a description of how the agency is working
with other agencies to achieve its performance goals as
well as relevant Federal Government performance goals;
and
``(E) an identification of the agency officials
responsible for the achievement of each performance
goal, who shall be known as goal leaders;
``(6) establish a balanced set of performance indicators to
be used in measuring or assessing progress toward each
performance goal, including, as appropriate, customer service,
efficiency, output, and outcome indicators;
``(7) provide a basis for comparing actual program results
with the established performance goals;
``(8) a description of how the agency will ensure the
accuracy and reliability of the data used to measure progress
towards its performance goals, including an identification of--
``(A) the means to be used to verify and validate
measured values;
``(B) the sources for the data;
``(C) the level of accuracy required for the
intended use of the data;
``(D) any limitations to the data at the required
level of accuracy; and
``(E) how the agency will compensate for such
limitations if needed to reach the required level of
accuracy;
``(9) describe major management challenges the agency faces
and identify--
``(A) planned actions to address such challenges;
``(B) performance goals, performance indicators, and
milestones to measure progress toward resolving such
challenges; and
``(C) the agency official responsible for resolving
such challenges; and
``(10) identify low-priority program activities based on an
analysis of their contribution to the mission and goals of the
agency and include an evidence-based justification for
designating a program activity as low priority.
``(c) Alternative Form.--If an agency, in consultation with the
Director of the Office of Management and Budget, determines that it is
not feasible to express the performance goals for a particular program
activity in an objective, quantifiable, and measurable form, the
Director of the Office of Management and Budget may authorize an
alternative form. Such alternative form shall--
``(1) include separate descriptive statements of--
[[Page 124 STAT. 3870]]
``(A)(i) a minimally effective program; and
``(ii) a successful program; or
``(B) such alternative as authorized by the Director
of the Office of Management and Budget, with sufficient
precision and in such terms that would allow for an
accurate, independent determination of whether the
program activity's performance meets the criteria of the
description; or
``(2) state why it is infeasible or impractical to express a
performance goal in any form for the program activity.
``(d) Treatment of Program Activities.--For the purpose of complying
with this section, an agency may aggregate, disaggregate, or consolidate
program activities, except that any aggregation or consolidation may not
omit or minimize the significance of any program activity constituting a
major function or operation for the agency.
``(e) Appendix.--An agency may submit with an annual performance
plan an appendix covering any portion of the plan that--
``(1) is specifically authorized under criteria established
by an Executive order to be kept secret in the interest of
national defense or foreign policy; and
``(2) is properly classified pursuant to such Executive
order.
``(f) Inherently Governmental Functions.--The functions and
activities of this section shall be considered to be inherently
governmental functions. The drafting of performance plans under this
section shall be performed only by Federal employees.
``(g) Chief Human Capital Officers.--With respect to each agency
with a Chief Human Capital Officer, the Chief Human Capital Officer
shall prepare that portion of the annual performance plan described
under subsection (b)(5)(A).
``(h) Definitions.--For purposes of this section and sections 1116
through 1125, and sections 9703 and 9704, the term--
``(1) `agency' has the same meaning as such term is defined
under section 306(f) of title 5;
``(2) `crosscutting' means across organizational (such as
agency) boundaries;
``(3) `customer service measure' means an assessment of
service delivery to a customer, client, citizen, or other
recipient, which can include an assessment of quality,
timeliness, and satisfaction among other factors;
``(4) `efficiency measure' means a ratio of a program
activity's inputs (such as costs or hours worked by employees)
to its outputs (amount of products or services delivered) or
outcomes (the desired results of a program);
``(5) `major management challenge' means programs or
management functions, within or across agencies, that have
greater vulnerability to waste, fraud, abuse, and mismanagement
(such as issues identified by the Government Accountability
Office as high risk or issues identified by an Inspector
General) where a failure to perform well could seriously affect
the ability of an agency or the Government to achieve its
mission or goals;
``(6) `milestone' means a scheduled event signifying the
completion of a major deliverable or a set of related
deliverables or a phase of work;
[[Page 124 STAT. 3871]]
``(7) `outcome measure' means an assessment of the results
of a program activity compared to its intended purpose;
``(8) `output measure' means the tabulation, calculation, or
recording of activity or effort that can be expressed in a
quantitative or qualitative manner;
``(9) `performance goal' means a target level of performance
expressed as a tangible, measurable objective, against which
actual achievement can be compared, including a goal expressed
as a quantitative standard, value, or rate;
``(10) `performance indicator' means a particular value or
characteristic used to measure output or outcome;
``(11) `program activity' means a specific activity or
project as listed in the program and financing schedules of the
annual budget of the United States Government; and
``(12) `program evaluation' means an assessment, through
objective measurement and systematic analysis, of the manner and
extent to which Federal programs achieve intended objectives.''.
SEC. 4. PERFORMANCE REPORTING AMENDMENTS.
Chapter 11 of title 31, United States Code, is amended by striking
section 1116 and inserting the following:
``Sec. 1116. Agency performance reporting
``(a) <<NOTE: Public information. Web posting.>> The head of each
agency shall make available on a public website of the agency and to the
Office of Management and Budget an update on agency performance.
``(b)(1) <<NOTE: Deadline.>> Each update shall compare actual
performance achieved with the performance goals established in the
agency performance plan under section 1115(b) and shall occur no less
than 150 days after the end of each fiscal year, with more frequent
updates of actual performance on indicators that provide data of
significant value to the Government, Congress, or program partners at a
reasonable level of administrative burden.
``(2) If performance goals are specified in an alternative form
under section 1115(c), the results shall be described in relation to
such specifications, including whether the performance failed to meet
the criteria of a minimally effective or successful program.
``(c) Each update shall--
``(1) review the success of achieving the performance goals
and include actual results for the 5 preceding fiscal years;
``(2) evaluate the performance plan for the current fiscal
year relative to the performance achieved toward the performance
goals during the period covered by the update;
``(3) explain and describe where a performance goal has not
been met (including when a program activity's performance is
determined not to have met the criteria of a successful program
activity under section 1115(c)(1)(A)(ii) or a corresponding
level of achievement if another alternative form is used)--
``(A) why the goal was not met;
``(B) those plans and schedules for achieving the
established performance goal; and
``(C) if the performance goal is impractical or
infeasible, why that is the case and what action is
recommended;
[[Page 124 STAT. 3872]]
``(4) describe the use and assess the effectiveness in
achieving performance goals of any waiver under section 9703 of
this title;
``(5) include a review of the performance goals and
evaluation of the performance plan relative to the agency's
strategic human capital management;
``(6) describe how the agency ensures the accuracy and
reliability of the data used to measure progress towards its
performance goals, including an identification of--
``(A) the means used to verify and validate measured
values;
``(B) the sources for the data;
``(C) the level of accuracy required for the
intended use of the data;
``(D) any limitations to the data at the required
level of accuracy; and
``(E) how the agency has compensated for such
limitations if needed to reach the required level of
accuracy; and
``(7) include the summary findings of those program
evaluations completed during the period covered by the update.
``(d) <<NOTE: Classified information.>> If an agency performance
update includes any program activity or information that is specifically
authorized under criteria established by an Executive Order to be kept
secret in the interest of national defense or foreign policy and is
properly classified pursuant to such Executive Order, the head of the
agency shall make such information available in the classified appendix
provided under section 1115(e).
``(e) The functions and activities of this section shall be
considered to be inherently governmental functions. The drafting of
agency performance updates under this section shall be performed only by
Federal employees.
``(f) <<NOTE: Deadline. Determination.>> Each fiscal year, the
Office of Management and Budget shall determine whether the agency
programs or activities meet performance goals and objectives outlined in
the agency performance plans and submit a report on unmet goals to--
``(1) the head of the agency;
``(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(3) the Committee on Oversight and Governmental Reform of
the House of Representatives; and
``(4) the Government Accountability Office.
``(g) If an agency's programs or activities have not met performance
goals as determined by the Office of Management and Budget for 1 fiscal
year, the head of the agency shall submit a performance improvement plan
to the Office of Management and Budget to increase program effectiveness
for each unmet goal with measurable milestones. The
agency <<NOTE: Designation.>> shall designate a senior official who
shall oversee the performance improvement strategies for each unmet
goal.
``(h)(1) If the Office of Management and Budget determines that
agency programs or activities have unmet performance goals for 2
consecutive fiscal years, the head of the agency shall--
``(A) <<NOTE: Submission.>> submit to Congress a
description of the actions the Administration will take to
improve performance, including proposed statutory changes or
planned executive actions; and
[[Page 124 STAT. 3873]]
``(B) describe any additional funding the agency will
obligate to achieve the goal, if such an action is determined
appropriate in consultation with the Director of the Office of
Management and Budget, for an amount determined appropriate by
the Director.
``(2) In providing additional funding described under paragraph
(1)(B), the head of the agency shall use any reprogramming or transfer
authority available to the agency. <<NOTE: Request.>> If after
exercising such authority additional funding is necessary to achieve the
level determined appropriate by the Director of the Office of Management
and Budget, the head of the agency shall submit a request to Congress
for additional reprogramming or transfer authority.
``(i) <<NOTE: Recommenda- tions. Deadline.>> If an agency's
programs or activities have not met performance goals as determined by
the Office of Management and Budget for 3 consecutive fiscal years, the
Director of the Office of Management and Budget shall submit
recommendations to Congress on actions to improve performance not later
than 60 days after that determination, including--
``(1) reauthorization proposals for each program or activity
that has not met performance goals;
``(2) proposed statutory changes necessary for the program
activities to achieve the proposed level of performance on each
performance goal; and
``(3) planned executive actions or identification of the
program for termination or reduction in the President's
budget.''.
SEC. 5. FEDERAL GOVERNMENT AND AGENCY PRIORITY GOALS.
Chapter 11 of title 31, United States Code, is amended by adding
after section 1119 the following:
``Sec. 1120. Federal Government and agency priority goals
``(a) Federal Government Priority Goals.--
``(1) The Director of the Office of Management and Budget
shall coordinate with agencies to develop priority goals to
improve the performance and management of the Federal
Government. Such Federal Government priority goals shall
include--
``(A) outcome-oriented goals covering a limited
number of crosscutting policy areas; and
``(B) goals for management improvements needed
across the Federal Government, including--
``(i) financial management;
``(ii) human capital management;
``(iii) information technology management;
``(iv) procurement and acquisition management;
and
``(v) real property management;
``(2) The Federal Government priority goals shall be long-
term in nature. <<NOTE: Deadline. Public information.>> At a
minimum, the Federal Government priority goals shall be updated
or revised every 4 years and made publicly available
concurrently with the submission of the budget of the United
States Government made in the first full fiscal year following
any year in which the term of the President commences under
section 101 of title 3. As needed, the Director of the Office of
Management and Budget may make adjustments to the Federal
Government priority goals to reflect significant changes in the
environment in which the
[[Page 124 STAT. 3874]]
Federal Government is operating, with appropriate notification
of Congress.
``(3) <<NOTE: Consultation.>> When developing or making
adjustments to Federal Government priority goals, the Director
of the Office of Management and Budget shall consult
periodically with the Congress, including obtaining majority and
minority views from--
``(A) the Committees on Appropriations of the Senate
and the House of Representatives;
``(B) the Committees on the Budget of the Senate and
the House of Representatives;
``(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(D) the Committee on Oversight and Government
Reform of the House of Representatives;
``(E) the Committee on Finance of the Senate;
``(F) the Committee on Ways and Means of the House
of Representatives; and
``(G) any other committees as determined
appropriate;
``(4) <<NOTE: Consultation. Deadline.>> The Director of the
Office of Management and Budget shall consult with the
appropriate committees of Congress at least once every 2 years.
``(5) <<NOTE: Web posting.>> The Director of the Office of
Management and Budget shall make information about the Federal
Government priority goals available on the website described
under section 1122 of this title.
``(6) The Federal Government performance plan required under
section 1115(a) of this title shall be consistent with the
Federal Government priority goals.
``(b) Agency Priority Goals.--
``(1) <<NOTE: Deadline.>> Every 2 years, the head of each
agency listed in section 901(b) of this title, or as otherwise
determined by the Director of the Office of Management and
Budget, shall identify agency priority goals from among the
performance goals of the agency. The
Director <<NOTE: Determination.>> of the Office of Management
and Budget shall determine the total number of agency priority
goals across the Government, and the number to be developed by
each agency. The agency priority goals shall--
``(A) reflect the highest priorities of the agency,
as determined by the head of the agency and informed by
the Federal Government priority goals provided under
subsection (a) and the consultations with Congress and
other interested parties required by section 306(d) of
title 5;
``(B) <<NOTE: Time period.>> have ambitious targets
that can be achieved within a 2-year period;
``(C) have a clearly identified agency official,
known as a goal leader, who is responsible for the
achievement of each agency priority goal;
``(D) have interim quarterly targets for performance
indicators if more frequent updates of actual
performance provides data of significant value to the
Government, Congress, or program partners at a
reasonable level of administrative burden; and
``(E) have clearly defined quarterly milestones.
``(2) <<NOTE: Classified information.>> If an agency
priority goal includes any program activity or information that
is specifically authorized under criteria established by an
Executive order to be kept secret in the interest of national
defense or foreign policy and is properly
[[Page 124 STAT. 3875]]
classified pursuant to such Executive order, the head of the
agency shall make such information available in the classified
appendix provided under section 1115(e).
``(c) The functions and activities of this section shall be
considered to be inherently governmental functions. The development of
Federal Government and agency priority goals shall be performed only by
Federal employees.''.
SEC. 6. QUARTERLY PRIORITY PROGRESS REVIEWS AND USE OF PERFORMANCE
INFORMATION.
Chapter 11 of title 31, United States Code, is amended by adding
after section 1120 (as added by section 5 of this Act) the following:
``Sec. 1121. Quarterly priority progress reviews and use of
performance information
``(a) Use of Performance Information To Achieve Federal Government
Priority Goals.--Not less than quarterly, the Director of the Office of
Management and Budget, with the support of the Performance Improvement
Council, shall--
``(1) for each Federal Government priority goal required by
section 1120(a) of this title, review with the appropriate lead
Government official the progress achieved during the most recent
quarter, overall trend data, and the likelihood of meeting the
planned level of performance;
``(2) include in such reviews officials from the agencies,
organizations, and program activities that contribute to the
accomplishment of each Federal Government priority goal;
``(3) <<NOTE: Assessment.>> assess whether agencies,
organizations, program activities, regulations, tax
expenditures, policies, and other activities are contributing as
planned to each Federal Government priority goal;
``(4) categorize the Federal Government priority goals by
risk of not achieving the planned level of performance; and
``(5) for the Federal Government priority goals at greatest
risk of not meeting the planned level of performance, identify
prospects and strategies for performance improvement, including
any needed changes to agencies, organizations, program
activities, regulations, tax expenditures, policies or other
activities.
``(b) Agency Use of Performance Information To Achieve Agency
Priority Goals.--Not less than quarterly, at each agency required to
develop agency priority goals required by section 1120(b) of this title,
the head of the agency and Chief Operating Officer, with the support of
the agency Performance Improvement Officer, shall--
``(1) for each agency priority goal, review with the
appropriate goal leader the progress achieved during the most
recent quarter, overall trend data, and the likelihood of
meeting the planned level of performance;
``(2) coordinate with relevant personnel within and outside
the agency who contribute to the accomplishment of each agency
priority goal;
``(3) <<NOTE: Assessment.>> assess whether relevant
organizations, program activities, regulations, policies, and
other activities are contributing as planned to the agency
priority goals;
[[Page 124 STAT. 3876]]
``(4) categorize agency priority goals by risk of not
achieving the planned level of performance; and
``(5) for agency priority goals at greatest risk of not
meeting the planned level of performance, identify prospects and
strategies for performance improvement, including any needed
changes to agency program activities, regulations, policies, or
other activities.''.
SEC. 7. TRANSPARENCY OF FEDERAL GOVERNMENT PROGRAMS, PRIORITY
GOALS, AND RESULTS.
Chapter 11 of title 31, United States Code, is amended by adding
after section 1121 (as added by section 6 of this Act) the following:
``Sec. 1122. Transparency of programs, priority goals, and results
``(a) Transparency of Agency Programs.--
``(1) <<NOTE: Deadline.>> In general.--Not later than
October 1, 2012, the Office of Management and Budget shall--
``(A) ensure the effective operation of a single
website;
``(B) at a minimum, update the website on a
quarterly basis; and
``(C) include on the website information about each
program identified by the agencies.
``(2) Information.--Information for each program described
under paragraph (1) shall include--
``(A) an identification of how the agency defines
the term `program', consistent with guidance provided by
the Director of the Office of Management and Budget,
including the program activities that are aggregated,
disaggregated, or consolidated to be considered a
program by the agency;
``(B) a description of the purposes of the program
and the contribution of the program to the mission and
goals of the agency; and
``(C) an identification of funding for the current
fiscal year and previous 2 fiscal years.
``(b) Transparency of Agency Priority Goals and Results.--The head
of each agency required to develop agency priority goals shall make
information about each agency priority goal available to the Office of
Management and Budget for publication on the website, with the exception
of any information covered by section 1120(b)(2) of this title. In
addition to an identification of each agency priority goal, the website
shall also consolidate information about each agency priority goal,
including--
``(1) a description of how the agency incorporated any views
and suggestions obtained through congressional consultations
about the agency priority goal;
``(2) an identification of key factors external to the
agency and beyond its control that could significantly affect
the achievement of the agency priority goal;
``(3) a description of how each agency priority goal will be
achieved, including--
``(A) the strategies and resources required to meet
the priority goal;
``(B) clearly defined milestones;
``(C) the organizations, program activities,
regulations, policies, and other activities that
contribute to each goal, both within and external to the
agency;
[[Page 124 STAT. 3877]]
``(D) how the agency is working with other agencies
to achieve the goal; and
``(E) an identification of the agency official
responsible for achieving the priority goal;
``(4) the performance indicators to be used in measuring or
assessing progress;
``(5) a description of how the agency ensures the accuracy
and reliability of the data used to measure progress towards the
priority goal, including an identification of--
``(A) the means used to verify and validate measured
values;
``(B) the sources for the data;
``(C) the level of accuracy required for the
intended use of the data;
``(D) any limitations to the data at the required
level of accuracy; and
``(E) how the agency has compensated for such
limitations if needed to reach the required level of
accuracy;
``(6) the results achieved during the most recent quarter
and overall trend data compared to the planned level of
performance;
``(7) an assessment of whether relevant organizations,
program activities, regulations, policies, and other activities
are contributing as planned;
``(8) an identification of the agency priority goals at risk
of not achieving the planned level of performance; and
``(9) any prospects or strategies for performance
improvement.
``(c) Transparency of Federal Government Priority Goals and
Results.--The Director <<NOTE: Web posting.>> of the Office of
Management and Budget shall also make available on the website--
``(1) a brief description of each of the Federal Government
priority goals required by section 1120(a) of this title;
``(2) a description of how the Federal Government priority
goals incorporate views and suggestions obtained through
congressional consultations;
``(3) the Federal Government performance goals and
performance indicators associated with each Federal Government
priority goal as required by section 1115(a) of this title;
``(4) an identification of the lead Government official for
each Federal Government performance goal;
``(5) the results achieved during the most recent quarter
and overall trend data compared to the planned level of
performance;
``(6) an identification of the agencies, organizations,
program activities, regulations, tax expenditures, policies, and
other activities that contribute to each Federal Government
priority goal;
``(7) <<NOTE: Assessment.>> an assessment of whether
relevant agencies, organizations, program activities,
regulations, tax expenditures, policies, and other activities
are contributing as planned;
``(8) an identification of the Federal Government priority
goals at risk of not achieving the planned level of performance;
and
``(9) any prospects or strategies for performance
improvement.
[[Page 124 STAT. 3878]]
``(d) <<NOTE: Public information.>> Information on Website.--The
information made available on the website under this section shall be
readily accessible and easily found on the Internet by the public and
members and committees of Congress. Such information shall also be
presented in a searchable, machine-readable
format. <<NOTE: Guidance.>> The Director of the Office of Management and
Budget shall issue guidance to ensure that such information is provided
in a way that presents a coherent picture of all Federal programs, and
the performance of the Federal Government as well as individual
agencies.''.
SEC. 8. AGENCY CHIEF OPERATING OFFICERS.
Chapter 11 of title 31, United States Code, is amended by adding
after section 1122 (as added by section 7 of this Act) the following:
``Sec. 1123. Chief Operating Officers
``(a) Establishment.--At each agency, the deputy head of agency, or
equivalent, shall be the Chief Operating Officer of the agency.
``(b) Function.--Each Chief Operating Officer shall be responsible
for improving the management and performance of the agency, and shall--
``(1) provide overall organization management to improve
agency performance and achieve the mission and goals of the
agency through the use of strategic and performance planning,
measurement, analysis, regular assessment of progress, and use
of performance information to improve the results achieved;
``(2) advise and assist the head of agency in carrying out
the requirements of sections 1115 through 1122 of this title and
section 306 of title 5;
``(3) oversee agency-specific efforts to improve management
functions within the agency and across Government; and
``(4) coordinate and collaborate with relevant personnel
within and external to the agency who have a significant role in
contributing to and achieving the mission and goals of the
agency, such as the Chief Financial Officer, Chief Human Capital
Officer, Chief Acquisition Officer/Senior Procurement Executive,
Chief Information Officer, and other line of business chiefs at
the agency.''.
SEC. 9. AGENCY PERFORMANCE IMPROVEMENT OFFICERS AND THE
PERFORMANCE IMPROVEMENT COUNCIL.
Chapter 11 of title 31, United States Code, is amended by adding
after section 1123 (as added by section 8 of this Act) the following:
``Sec. 1124. Performance Improvement Officers and the Performance
Improvement Council
``(a) Performance Improvement Officers.--
``(1) Establishment.--At each agency, the head of the
agency, in consultation with the agency Chief Operating Officer,
shall designate a senior executive of the agency as the agency
Performance Improvement Officer.
``(2) Function.--Each Performance Improvement Officer shall
report directly to the Chief Operating Officer. Subject to the
direction of the Chief Operating Officer, each Performance
Improvement Officer shall--
[[Page 124 STAT. 3879]]
``(A) advise and assist the head of the agency and
the Chief Operating Officer to ensure that the mission
and goals of the agency are achieved through strategic
and performance planning, measurement, analysis, regular
assessment of progress, and use of performance
information to improve the results achieved;
``(B) advise the head of the agency and the Chief
Operating Officer on the selection of agency goals,
including opportunities to collaborate with other
agencies on common goals;
``(C) assist the head of the agency and the Chief
Operating Officer in overseeing the implementation of
the agency strategic planning, performance planning, and
reporting requirements provided under sections 1115
through 1122 of this title and sections 306 of title 5,
including the contributions of the agency to the Federal
Government priority goals;
``(D) support the head of agency and the Chief
Operating Officer in the conduct of regular reviews of
agency performance, including at least quarterly reviews
of progress achieved toward agency priority goals, if
applicable;
``(E) assist the head of the agency and the Chief
Operating Officer in the development and use within the
agency of performance measures in personnel performance
appraisals, and, as appropriate, other agency personnel
and planning processes and assessments; and
``(F) <<NOTE: Public information. Web posting.>>
ensure that agency progress toward the achievement of
all goals is communicated to leaders, managers, and
employees in the agency and Congress, and made available
on a public website of the agency.
``(b) Performance Improvement Council.--
``(1) Establishment.--There is established a Performance
Improvement Council, consisting of--
``(A) the Deputy Director for Management of the
Office of Management and Budget, who shall act as
chairperson of the Council;
``(B) the Performance Improvement Officer from each
agency defined in section 901(b) of this title;
``(C) other Performance Improvement Officers as
determined appropriate by the chairperson; and
``(D) other individuals as determined appropriate by
the chairperson.
``(2) Function.--The Performance Improvement Council shall--
``(A) be convened by the chairperson or the designee
of the chairperson, who shall preside at the meetings of
the Performance Improvement Council, determine its
agenda, direct its work, and establish and direct
subgroups of the Performance Improvement Council, as
appropriate, to deal with particular subject matters;
``(B) assist the Director of the Office of
Management and Budget to improve the performance of the
Federal Government and achieve the Federal Government
priority goals;
``(C) assist the Director of the Office of
Management and Budget in implementing the planning,
reporting, and
[[Page 124 STAT. 3880]]
use of performance information requirements related to
the Federal Government priority goals provided under
sections 1115, 1120, 1121, and 1122 of this title;
``(D) work to resolve specific Governmentwide or
crosscutting performance issues, as necessary;
``(E) facilitate the exchange among agencies of
practices that have led to performance improvements
within specific programs, agencies, or across agencies;
``(F) coordinate with other interagency management
councils;
``(G) seek advice and information as appropriate
from nonmember agencies, particularly smaller agencies;
``(H) consider the performance improvement
experiences of corporations, nonprofit organizations,
foreign, State, and local governments, Government
employees, public sector unions, and customers of
Government services;
``(I) receive such assistance, information and
advice from agencies as the Council may request, which
agencies shall provide to the extent permitted by law;
and
``(J) develop and submit to the Director of the
Office of Management and Budget, or when appropriate to
the President through the Director of the Office of
Management and Budget, at times and in such formats as
the chairperson may specify, recommendations to
streamline and improve performance management policies
and requirements.
``(3) Support.--
``(A) In general.--The Administrator of General
Services shall provide administrative and other support
for the Council to implement this section.
``(B) Personnel.--The heads of agencies with
Performance Improvement Officers serving on the Council
shall, as appropriate and to the extent permitted by
law, provide at the request of the chairperson of the
Performance Improvement Council up to 2 personnel
authorizations to serve at the direction of the
chairperson.''.
SEC. 10. <<NOTE: 31 USC 1115 note.>> FORMAT OF PERFORMANCE PLANS
AND REPORTS.
(a) Searchable, Machine-readable Plans and Reports.--For fiscal year
2012 and each fiscal year thereafter, each agency required to produce
strategic plans, performance plans, and performance updates in
accordance with the amendments made by this Act shall--
(1) not incur expenses for the printing of strategic plans,
performance plans, and performance reports for release external
to the agency, except when providing such documents to the
Congress;
(2) produce such plans and reports in searchable, machine-
readable formats; and
(3) <<NOTE: Web posting.>> make such plans and reports
available on the website described under section 1122 of title
31, United States Code.
(b) Web-based Performance Planning and Reporting.--
(1) <<NOTE: Guidance.>> In general.--Not later than June 1,
2012, the Director of the Office of Management and Budget shall
issue guidance to agencies to provide concise and timely
performance information for publication on the website described
under section
[[Page 124 STAT. 3881]]
1122 of title 31, United States Code, including, at a minimum,
all requirements of sections 1115 and 1116 of title 31, United
States Code, except for section 1115(e).
(2) High-priority goals.--For agencies required to develop
agency priority goals under section 1120(b) of title 31, United
States Code, the performance information required under this
section shall be merged with the existing information required
under section 1122 of title 31, United States Code.
(3) Considerations.--In developing guidance under this
subsection, the Director of the Office of Management and Budget
shall take into consideration the experiences of agencies in
making consolidated performance planning and reporting
information available on the website as required under section
1122 of title 31, United States Code.
SEC. 11. REDUCING DUPLICATIVE AND OUTDATED AGENCY REPORTING.
(a) Budget Contents.--Section 1105(a) of title 31, United States
Code, is amended--
(1) by redesignating second paragraph (33) as paragraph
(35); and
(2) by adding at the end the following:
``(37) the list of plans and reports, as provided for under
section 1125, that agencies identified for elimination or
consolidation because the plans and reports are determined
outdated or duplicative of other required plans and reports.''.
(b) Elimination of Unnecessary Agency Reporting.--Chapter 11 of
title 31, United States Code, is further amended by adding after section
1124 (as added by section 9 of this Act) the following:
``Sec. 1125. Elimination of unnecessary agency reporting
``(a) Agency Identification of Unnecessary Reports.--Annually, based
on guidance provided by the Director of the Office of Management and
Budget, the Chief Operating Officer at each agency shall--
``(1) compile a list that identifies all plans and reports
the agency produces for Congress, in accordance with statutory
requirements or as directed in congressional reports;
``(2) analyze the list compiled under paragraph (1),
identify which plans and reports are outdated or duplicative of
other required plans and reports, and refine the list to include
only the plans and reports identified to be outdated or
duplicative;
``(3) consult with the congressional committees that receive
the plans and reports identified under paragraph (2) to
determine whether those plans and reports are no longer useful
to the committees and could be eliminated or consolidated with
other plans and reports; and
``(4) provide a total count of plans and reports compiled
under paragraph (1) and the list of outdated and duplicative
reports identified under paragraph (2) to the Director of the
Office of Management and Budget.
``(b) Plans and Reports.--
``(1) First year.--During the first year of implementation
of this section, the list of plans and reports identified by
each agency as outdated or duplicative shall be not less than 10
[[Page 124 STAT. 3882]]
percent of all plans and reports identified under subsection
(a)(1).
``(2) <<NOTE: Determination.>> Subsequent years.--In each
year following the first year described under paragraph (1), the
Director of the Office of Management and Budget shall determine
the minimum percent of plans and reports to be identified as
outdated or duplicative on each list of plans and reports.
``(c) Request for Elimination of Unnecessary Reports.--In addition
to including the list of plans and reports determined to be outdated or
duplicative by each agency in the budget of the United States
Government, as provided by section 1105(a)(37), the Director of the
Office of Management and Budget may concurrently submit to Congress
legislation to eliminate or consolidate such plans and reports.''.
SEC. 12. <<NOTE: Deadlines. 5 USC 5105 note.>> PERFORMANCE
MANAGEMENT SKILLS AND COMPETENCIES.
(a) Performance Management Skills and Competencies.--Not later than
1 year after the date of enactment of this Act, the Director of the
Office of Personnel Management, in consultation with the Performance
Improvement Council, shall identify the key skills and competencies
needed by Federal Government personnel for developing goals, evaluating
programs, and analyzing and using performance information for the
purpose of improving Government efficiency and effectiveness.
(b) Position Classifications.--Not later than 2 years after the date
of enactment of this Act, based on the identifications under subsection
(a), the Director of the Office of Personnel Management shall
incorporate, as appropriate, such key skills and competencies into
relevant position classifications.
(c) Incorporation Into Existing Agency Training.--Not later than 2
years after the enactment of this Act, the Director of the Office of
Personnel Management shall work with each agency, as defined under
section 306(f) of title 5, United States Code, to incorporate the key
skills identified under subsection (a) into training for relevant
employees at each agency.
SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS.
(a) The table of contents for chapter 3 of title 5, United States
Code, is amended by striking the item relating to section 306 and
inserting the following:
``306. Agency strategic plans.''.
(b) The table of contents for chapter 11 of title 31, United States
Code, is amended by striking the items relating to section 1115 and 1116
and inserting the following:
``1115. Federal Government and agency performance plans.
``1116. Agency performance reporting.''.
(c) The table of contents for chapter 11 of title 31, United States
Code, is amended by adding at the end the following:
``1120. Federal Government and agency priority goals.
``1121. Quarterly priority progress reviews and use of performance
information.
``1122. Transparency of programs, priority goals, and results.
``1123. Chief Operating Officers.
``1124. Performance Improvement Officers and the Performance Improvement
Council.
``1125. Elimination of unnecessary agency reporting.''.
[[Page 124 STAT. 3883]]
SEC. 14. <<NOTE: 31 USC 1115 note.>> IMPLEMENTATION OF THIS ACT.
(a) Interim Planning and Reporting.--
(1) <<NOTE: Coordination.>> In general.--The Director of
the Office of Management and Budget shall coordinate with
agencies to develop interim Federal Government priority goals
and submit interim Federal Government performance plans
consistent with the requirements of this Act beginning with the
submission of the fiscal year 2013 Budget of the United States
Government.
(2) <<NOTE: Deadline.>> Requirements.--Each agency shall--
(A) not later than February 6, 2012, make
adjustments to its strategic plan to make the plan
consistent with the requirements of this Act;
(B) <<NOTE: Plan.>> prepare and submit performance
plans consistent with the requirements of this Act,
including the identification of agency priority goals,
beginning with the performance plan for fiscal year
2013; and
(C) make performance reporting updates consistent
with the requirements of this Act beginning in fiscal
year 2012.
(3) Quarterly reviews.--The quarterly priority progress
reviews required under this Act shall begin--
(A) with the first full quarter beginning on or
after the date of enactment of this Act for agencies
based on the agency priority goals contained in the
Analytical Perspectives volume of the Fiscal Year 2011
Budget of the United States Government; and
(B) with the quarter ending June 30, 2012 for the
interim Federal Government priority goals.
(b) Guidance.--The Director of the Office of Management and Budget
shall prepare guidance for agencies in carrying out the interim planning
and reporting activities required under subsection (a), in addition to
other guidance as required for implementation of this Act.
SEC. 15. <<NOTE: 31 USC 1115 note.>> CONGRESSIONAL OVERSIGHT AND
LEGISLATION.
(a) In General.--Nothing in this Act shall be construed as limiting
the ability of Congress to establish, amend, suspend, or annul a goal of
the Federal Government or an agency.
(b) GAO Reviews.--
(1) Interim planning and reporting evaluation.--Not later
than June 30, 2013, the Comptroller General shall submit a
report to Congress that includes--
(A) an evaluation of the implementation of the
interim planning and reporting activities conducted
under section 14 of this Act; and
(B) any recommendations for improving implementation
of this Act as determined appropriate.
(2) Implementation evaluations.--
(A) In general.--The Comptroller General shall
evaluate the implementation of this Act subsequent to
the interim planning and reporting activities evaluated
in the report submitted to Congress under paragraph (1).
(B) Agency implementation.--
(i) Evaluations.--The Comptroller General
shall evaluate how implementation of this Act is
affecting performance management at the agencies
described in section 901(b) of title 31, United
States Code,
[[Page 124 STAT. 3884]]
including whether performance management is being
used by those agencies to improve the efficiency
and effectiveness of agency programs.
(ii) Reports.--The Comptroller General shall
submit to Congress--
(I) an initial report on the
evaluation under clause (i), not later
than September 30, 2015; and
(II) a subsequent report on the
evaluation under clause (i), not later
than September 30, 2017.
(C) Federal government planning and reporting
implementation.--
(i) Evaluations.--The Comptroller General
shall evaluate the implementation of the Federal
Government priority goals, Federal Government
performance plans and related reporting required
by this Act.
(ii) Reports.--The Comptroller General shall
submit to Congress--
(I) an initial report on the
evaluation under clause (i), not later
than September 30, 2015; and
(II) subsequent reports on the
evaluation under clause (i), not later
than September 30, 2017 and every 4
years thereafter.
(D) Recommendations.--The Comptroller General shall
include in the reports required by subparagraphs (B) and
(C) any recommendations for improving implementation of
this Act and for streamlining the planning and reporting
requirements of the Government Performance and Results
Act of 1993.
Approved January 4, 2011.
LEGISLATIVE HISTORY--H.R. 2142:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 111-504 (Comm. on Oversight and Government Reform).
SENATE REPORTS: No. 111-372 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 156 (2010):
June 16, considered and passed House.
Dec. 16, considered and passed Senate, amended.
Dec. 17, House failed to concur in Senate amendment.
Dec. 21, House concurred in Senate amendment.
<all>