Signed by the President on January 4, 2011, as Public Law No: 111-352. Downloaded from Thomas and converted to HTML with referenceable hyperlinks on January 9, 2011, by Owen Ambur. On February 14, 2011, Owen inserted references to StratML elements in bold & [brackets] On February 7, 2012, he inserted images of an InfoPath form showing how the requirements of
the act might be met in StratML Part 3. H.R. 2142 One Hundred Eleventh Congress of the United States of America 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) 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 Reducing duplicative and outdated agency reporting.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: ''§ 306. Agency strategic plans ''(a) 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; [The Description child element of Goal and Objective could be used to explain how they
contribute to the realization of other, priority goals. However, the Relationship element of
StratML Part 2 can be used to explicitly draw such linkages, based upon the Identifiers
associated with each objective, as well as to name and describe those relationships in
greater detail.] ''(4) a description of how the goals and objectives are to be achieved, including--
''(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; [In StratML Part 2, TargetResult is a child of the PerformanceIndicator. The Description element is a child of TargetResult and can be used to provide the description required by this clause. In addition, the OtherInformation element can be used to provide information that does not fit neatly into other elements of the StratML schema. However, consideration should be given to specifying a separate, more explicit element for this requirement in StratML Part 3 .]
''(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. [The methodology used to determine and evaluate goals and objectives has not been addressed in StratML Parts 1 or 2. The assumption has been that the most important means of facilitating evaluation is simply to make goal and objective statements more readily available to stakeholders, while making it easier for them to provide input and feedback. In that regard, section 10 of this Act may be its most important provision, since it will enable value-added intermediaries to call attention to objectives of interest to and facilitate feedback from their stakeholders. However, in StratML Part 3 consideration should be given to including elements enabling the identification of evaulation methodologies like SWOT and PEST. The existing StartDate and EndDate elements can be reused to identify the schedule for such evaluations.]
''(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.
[With respect to notification, it may also be appropriate to associate point of contact
information with each Stakeholder so that the process can be automated when changes are
made, as shown below.]
''(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) 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. [In StratML Part 3 consideration should be given to associating the StartDate and
EndDate element with each Stakeholder to indicate when they should next be formally
consulted.] SEC. 3. PERFORMANCE PLANNING AMENDMENTS. Chapter 11 of title 31, United States Code, is amended by striking section 1115 and inserting the following: ''§ 1115. Federal Government and agency performance plans ''(a) 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. 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;
''(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 [In StratML Part 2 progress can be reported in the ActualResult element and such results
may be described (in narrative) as well as documented in numbers, if the
MeasurementInstance is quantitative in nature.]
''(B) the individual contribution of each agency, organization, program activity, regulation, tax
expenditure, policy, and other activity identified under paragraph (2); [The concept of "management challenges" is not addressed in StratML Parts 1 or 2 and
should be considered in Part 3, perhaps as shown below. The relationship of such
challenges to key factors (internal and external SuccessFactors) should also be considered.]
''(b) 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; ''(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); ''(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; [The processes and inputs required to achieve objectives can be named and described using the PerformanceIndicator element of StratML Part 2.] ''(B) clearly defined milestones; [In StratML Part 2 an unlimited number of TargetResults can be specified for
eachPerformancIndicator for each Objective, and StartDates and EndDates can be
associated with each TargetResult. To the degree that multiple TargetResults may be
specified within a single resource allocation and performance assessment cycle, it may be
appropriate to call them milestones. However, thought should be given to whether the
concept of milestones merits a separate element.] ''(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 ![]() ''(7) provide a basis for comparing actual program results with the established performance goals; [In StratML Part 2, the TargetResult and Actual Result can be documented and
compared.] [In StratML Part 2, this information can be provided in the OtherInformation element
under each PerformanceIndicator. However, consideration should be given to including
more explicit elements for this information.] ''(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-- [The concept of "management challenges" is not addressed in StratML Parts 1 or 2 and should be considered in Part 3. The relationship of such challenges to key factors (internal and external SuccessFactors) should also be considered. Use of the word "major" suggests that it may be appropriate to associate with the element an attribute to distinguing major challenges from those that are lesser in scope.] ''(A) planned actions to address such challenges; ''(B) performance goals, performance indicators, and milestones to measure progress toward
resolving such challenges; and “(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-- ''(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. ''(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. ''(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; “(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; [Efficiency measures can be calculated by dividing the ActualResult for each PerformanceIndicator of the input type by the ActualResult for its associated PerformanceIndicator of the output or outcome type. Since efficiency measures are derived from other elements, it may not be appropriate to include it as a separate element in the StratML schema itself, although applications and services supporting the standard should incorporate it as a devived value.] ''(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; [Based upon this definition, it may be appropriate to enable the identification of the source of identified management challenges.] ''(6) 'milestone' means a scheduled event signifying the completion of a major deliverable or a set of related deliverables or a phase of work; [The concept of Milestone s is a candidate for inclusion StratML Part 3, with a proposed definition that is somewhat different but compatible with this one.] ''(7) 'outcome measure' means an assessment of the results of a program activity compared to its intended purpose; [This definition is different but compatible with the definition of Outcome drafted for the StratML standard. The intended purpose can be documented in the TargetResult element for subsequent comparison to the result documented in the ActualResult element. If the results are quantitative in nature, they can automatically be compared by using the numbers documented in the NumberOfUnits element.] ''(8) 'output measure' means the tabulation, calculation, or recording of activity or effort that can
be expressed in a quantitative or qualitative manner; ''(10) 'performance indicator' means a particular value or characteristic used to measure output or
outcome; “(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: ''§ 1116. Agency performance reporting ''( a ) 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 ) 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. ''( 1 ) review the success of achieving the performance goals and include actual results for the 5
preceding fiscal years; [In StratML Part 2, ActualResult s can be compared to TargetResult s either
quantitatively, using the MeasurementInstance element, or qualitatively, based upon the
narrative in the Description element.] ''(B) those plans and schedules for achieving the established performance goal; and [The Description element under ActualResult and/or the OtherInformation element under
PerformanceIndicator can be used to explain why the objective proved not to be feasible.
However, if a Story element is incorporated into StratML Part 3, it may be appropriate to
structure the element to include children explicitly addressing practicality/feasibility and
perhaps recommendations. However, consideration should be given to how
"recommendations" might differ from objectives, i.e., whether they should not be
documented as Objectives.] [In StratML Part 2, this information can be provided in the OtherInformation element under each PerformanceIndicator. However, in Part 3 consideration should be given to including more explicit elements for this information.] ''(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) 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) 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 shall designate a
senior official who shall oversee the performance improvement strategies for each unmet goal. ''(A) submit to Congress a description of the actions the Administration will take to improve
performance, including proposed statutory changes or planned executive actions; and ''(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. ''( i ) 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-- [It appears that such recommendations can and should be documented as a performance
plan in accordance with StratML Part 2. However, if the elements required to document
such recommendations differ from a normal performance plan, the additionally required
elements will need to be named and defined.] ''( 2 ) proposed statutory changes necessary for the program activities to achieve the proposed level of performance on each performance goal; and [The concept of Authority has been identified as a candidate for inclusion in StratML Part 3. Such an element could be used to name, describe, and link to statutory provisions proposed to be changed.] ''(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: ''§ 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-- ''(i) financial management; ''(v) real property management; ''(2) The Federal Government priority goals shall be long-term in nature. 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 Federal Government is operating, with appropriate notification of Congress. ''(3) 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) The Director of the Office of Management and Budget shall consult with the appropriate committees of Congress at least once every 2 years. ''(5) 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 ) 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 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-- ![]() ''(B) 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 ''(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: ''§ 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 ) 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 [CategorizationTypes is a candidate for inclusion in StratML Part 3. Failure risk level is
among the kinds of categorizations that might be documented in that element.] ''(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) assess whether relevant organizations, program activities, regulations, policies, and other activities are contributing as planned to the agency priority goals; ''(4) categorize agency priority goals by risk of not achieving the planned level of performance; and 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: ''§ 1122. Transparency of programs, priority goals, and results ''(a) TRANSPARENCY OF AGENCY PROGRAMS.-- ''(1) 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 ''(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; ''(1) a description of how the agency incorporated any views and suggestions obtained through
congressional consultations about 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; ''(C) the organizations, program activities, regulations, policies, and other activities that contribute to each goal, both within and external to the agency; ''(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 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) 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. ''(d) 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. 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: ''§ 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-- ''(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: ''§ 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-- ''(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) 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 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 chair person 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 . 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; (1) 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 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. 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: '' § 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; ''(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 percent of
all plans and reports identified under subsection (a)(1). ''( 2 ) 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. 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 . 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. (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.''. SEC. 14. IMPLEMENTATION OF THIS ACT. (a) INTERIM PLANNING AND REPORTING.-- (1) 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) 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) 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. 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, 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. See also the links cross-referenced in the tabulation at http://xml.fido.gov/stratml/references/HR2142StratML.htm |