Text: H.R.2142 — 111th Congress (2009-2010)All Information (Except Text)

Text available as:

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Public Law No: 111-352 (01/04/2011)

 
[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 Reducing duplicative and outdated agency reporting.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.

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