[Senate Report 118-18]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 46

118th Congress}                                           { Report
                                 SENATE
 1st Session  }                                           { 118-18

======================================================================                                           
                      FEDERAL AGENCY PERFORMANCE 
                              ACT OF 2023

                               __________

                              R E P O R T

                                 OF THE

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              TO ACCOMPANY

                                 S. 709

               TO IMPROVE PERFORMANCE AND ACCOUNTABILITY
           IN THE FEDERAL GOVERNMENT, AND FOR OTHER PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                  May 4, 2023.--Ordered to be printed
                  
                               __________

                                
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                          WASHINGTON : 2023                   
          
-----------------------------------------------------------------------------------     
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada                  MITT ROMNEY, Utah
ALEX PADILLA, California             RICK SCOTT, Florida
JON OSSOFF, Georgia                  JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut      ROGER MARSHALL, Kansas

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
         Matthew T. Cornelius, Senior Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk
                     
                     
                                                  Calendar No. 46

118th Congress}                                           { Report
                                 SENATE
 1st Session  }                                           { 118-18

======================================================================
 
                 FEDERAL AGENCY PERFORMANCE ACT OF 2023

                                _______
                                

                  May 4, 2023.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 709]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 709) to improve 
performance and accountability in the Federal Government, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. Purpose and Summary

    S. 709, the Federal Agency Performance Act of 2023, 
provides additional transparency, accountability, and 
priorities for the federal government in order to improve the 
performance and program outcomes of federal agencies.\1\ This 
bill builds on the foundation set by the Government Performance 
and Results Act Modernization Act of 2010, or ``GPRAMA,'' by 
requiring regular strategic reviews of each agency's 
performance goals and increasing the amount and quality of data 
posted on Performance.gov, which is the federal government's 
central website to track both agency-specific and government-
wide performance.\2\ Additionally, the bill updates several 
other portions of GPRAMA to address recommendations by the 
Government Accountability Office (GAO). These recommendations 
include requiring two or more government officials be 
designated as federal government priority goal leaders, 
improving capacity and expertise for agency Performance 
Improvement Officers, and ensuring agency performance goals are 
supported by evidence-building activities.
---------------------------------------------------------------------------
    \1\On May 25, 2022, the Committee approved S. 4167, the Federal 
Agency Performance Act of 2022. That bill is substantially similar to 
S. 709. Accordingly, this committee report is, in many respects, 
similar to the committee report for S. 4167. See S. Rept. 117-207.
    \2\Pub. L. 111-352 (2011).
---------------------------------------------------------------------------

              II. Background and the Need for Legislation

    Since 2011, GAO has routinely found that both agency and 
government-wide implementation of GPRAMA requirements have been 
somewhat successful.\3\ However, there are still longstanding 
challenges in effective execution of federal performance 
priorities.\4\ The changes the bill makes are based on 
outstanding GAO recommendations that would improve Office of 
Management and Budget (OMB) oversight of agency performance 
planning and execution and increase transparency and 
accountability for agency performance goals.\5\
---------------------------------------------------------------------------
    \3\Government Accountability Office, Managing for Results: OMB 
Improved Implementation of Cross-Agency Priority Goals, But Could Be 
More Transparent About Measuring Progress (GAO-16-509) (May 2016); 
Government Accountability Office, Managing for Results: Selected 
Agencies Experience in Implementing Strategic Reviews (GAO-17-740R) 
(September 2017). Government Accountability Office, Managing for 
Results: Further Progress Made in Implementing GPRA Modernization Act, 
but Additional Actions Needed to Address Pressing Governance Challenges 
(GAO-17-775) (September 2017).
    \4\Id.
    \5\Government Accountability Office, Performance.gov: Long-Term 
Strategy Needed to Improve Website Usability (GAO-16-693) (August 
2016).
---------------------------------------------------------------------------
    OMB has administratively created and implemented strategic 
reviews of agency performance plans to improve the 
implementation of GPRAMA.\6\ This bill codifies the 
requirements of the strategic reviews and provides additional 
direction on how agencies develop, execute, and continuously 
evaluate the performance goals of the Administration. The bill 
also makes necessary changes to GPRAMA to ensure that there is 
greater involvement and support by necessary political and 
career officials to drive agency performance outcomes.
---------------------------------------------------------------------------
    \6\Office of Management and Budget, Circular No. A-11: Preparation, 
Submission, and Execution of the President's Budget (August 2022).
---------------------------------------------------------------------------

                        III. Legislative History

    Chairman Gary Peters (D-MI) introduced S. 709, the Federal 
Agency Performance Act of 2023, on March 8, 2023, with Senator 
Mike Braun (R-IN). The bill was referred to the Committee on 
Homeland Security and Governmental Affairs.
    The Committee considered S. 709 at a business meeting on 
March 29, 2023. At the business meeting, Senator Paul offered 
an amendment to require the Comptroller General to review the 
requirements of the Act within 18 months and report his 
findings to Congress. The Paul amendment, as modified, was 
adopted by unanimous consent. Senators present for the vote 
were Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Blumenthal, Paul, Lankford, Romney, Scott, and Hawley. S. 709, 
as amended, was ordered reported favorably by a roll call vote 
of 12 yeas and zero nays. Senators voting aye were Peters, 
Hassan, Sinema, Rosen, Padilla, Ossoff, Blumenthal, Paul, 
Lankford, Romney, Scott, and Hawley. Senators voting aye by 
proxy, for the record only, were Carper, Johnson, and Marshall.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section cites the short title of the bill as the 
``Federal Agency Performance Act of 2023.''

Sec. 2. Establishment of strategic reviews and reporting

    Subsection (a) codifies the strategic review process that 
has been used by OMB to ensure routine assessments and, where 
necessary, corrections to agency activities in support of 
achieving their performance goals. The section also requires 
that the appropriate senior officials in each agency are 
responsible for supporting the agency's priority goals.
    Subsection (b) requires a summary of findings of the agency 
review.

Sec. 3. Revisions to the federal performance website

    This section makes sure that the Performance.gov website 
complies with federal mandates for all .gov websites. This 
section also requires the preservation of required performance-
related information from previous Administrations.

Sec. 4. Federal government priority goals

    This section makes technical changes to 31 U.S.C. Sec. 1120 
to ensure that all federal government priority goals are tied 
explicitly to the President's Budget and have milestones that 
can be achieved within a single Presidential term.

Sec. 5. Federal government priority goal co-leaders

    This section requires that, for every government-wide 
priority goal, as appropriate, that there be at least one 
official from the Executive Office of the President and at 
least one official from an agency that serve as co-leaders.

Sec. 6. Establishment of Deputy Performance Improvement Officers

    This section requires the head of each agency to appoint a 
Performance Improvement Officer (PIO). The section also 
requires the appointment of a Deputy PIO if the PIO is not a 
career employee and that the Deputy PIO be a career employee.

Sec. 7. Repeal of outdated pilot projects

    This section repeals two outdated pilot projects for 
performance goals and performance budgeting that are no longer 
authorized.

Sec. 8. Clarifying amendments

    This section makes clarifying amendments to ensure stronger 
integration between strategic plans and requirements for agency 
evidence-building activities and makes a technical change to 
clean up a typographical error in GPRAMA.

Sec. 9. GAO report

    This section requires the Comptroller General to report to 
Congress within 18 months on the effectiveness of the changes 
made by the Act.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 709 would require the Office of Management and Budget 
(OMB) to issue guidance to agencies for reviewing and following 
strategic plans and meeting performance goals. The bill also 
would increase the amount of performance data that is publicly 
available and would require every agency to hire a deputy 
performance improvement officer. Finally, S. 709 would require 
the Government Accountability Office to report on progress 
toward meeting the bill's requirements.
    The GPRA Modernization Act of 2010 directs (GPRA stands for 
the Government Performance and Results Act) federal agencies to 
set goals, measure results, and report their progress in 
achieving those goals. Using information from OMB and selected 
agencies, CBO anticipates that most of the bill's provisions 
would codify current policies and practices under the GPRA. 
However, CBO expects that some of the 24 agencies covered by 
the Chief Financial Officers Act of 1990 would need to add 
deputy performance improvement officers, which would increase 
administrative costs. CBO estimates that the cost would be 
about $7 million in 2024 and would grow each year because of 
inflation totaling $38 million over the 2023-2028 period; any 
spending would be subject to the availability of appropriated 
funds.
    S. 709 would affect direct spending by some agencies that 
are allowed to use fees, receipts from the sale of goods, and 
other collections to cover operating costs. CBO estimates that 
any net changes in direct spending by those agencies would be 
negligible because most of them can adjust amounts collected to 
reflect changes in operating costs.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 800 (general government).

                 TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 709
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2023    2024    2025    2026    2027    2028   2023-2028
----------------------------------------------------------------------------------------------------------------
Estimated Authorization..............................       *       7       8       8       8       8        39
Estimated Outlays....................................       *       6       8       8       8       8        38
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.

    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--MONEY AND FINANCE

           *       *       *       *       *       *       *


PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


CHAPTER 3--POWERS

           *       *       *       *       *       *       *



Subchapter I--General Provisions

           *       *       *       *       *       *       *



SEC. 306. AGENCY STRATEGIC PLANS.

    (a) * * *
          (1) * * *

           *       *       *       *       *       *       *

          (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, and citations to relevant provisions of the 
        plans required under section 312 as applicable; and
          (9) with respect to the head of an agency required to 
        develop a plan described in subsection (a) or (b) of 
        section an assessment of the coverage, quality, 
        methods, effectiveness, and independence of the 
        statistics, evaluation, research, and analysis efforts 
        of the agency, including--

           *       *       *       *       *       *       *


UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 31--MONEY AND FINANCE

           *       *       *       *       *       *       *


Subtitle II--The Budget Process

           *       *       *       *       *       *       *


CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

           *       *       *       *       *       *       *


Table of sections
Sec.
1101. Definitions.
     * * * * * * *
[1118. Pilot projects for performance goals.]
[1119. Pilot projects for performance budgeting.]
1120. Federal Government and agency priority goals.
1121. [Quarterly priority progress reviews and use of performance 
          information.] Progress reviews and use of performance 
          information.
1122. Transparency of programs, priority goals, and results.

           *       *       *       *       *       *       *


SEC. 1115. FEDERAL GOVERNMENT PRIORITY GOAL CO LEADERS.

    (a) * * *
          (1) * * *
          (2) * * *
          [(3) for each Federal Government performance goal, 
        identify a lead Government official who shall be 
        responsible for coordinating the efforts to achieve the 
        goal;]
          (3) for each Federal Government performance goal, 
        identify as appropriate, not fewer than 2 lead 
        Government officials who shall jointly be responsible 
        for coordinating the efforts to achieve the goal, of 
        whom--
                  (A) not less than 1 shall be from the 
                Executive Office of the President; and 
                  (B) not less than 1 shall be from an agency 
                identified as contributing to the Federal 
                Government performance goal described in 
                paragraph (2);

           *       *       *       *       *       *       *


SEC. 1116. AGENCY PERFORMANCE REPORTING.

    (a) * * *
    (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] shall occur 
        not later 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.
    (c) * * *
          (1) * * *
          (2) * * *
          (3) * * *
          (4) * * *
          (5) * * *
          (6) * * *
                  (A) * * *
                  (B) * * *
                  (C) * * *
                  (D) * * *
                  (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[.]; and
          (8) include a summary of the findings of the review 
        agency under section 1121(c).
    (d) * * *
    (e) * * *
    [(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.
    [(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) 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.
          [(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. 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) 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. 1118. PILOT PROJECTS FOR PERFORMANCE GOALS.

    [(a) The Director of the Office of Management and Budget, 
after consultation with the head of each agency, shall 
designate not less than ten agencies as pilot projects in 
performance measurement for fiscal years 1994, 1995, and 1996. 
The selected agencies shall reflect a representative range of 
Government functions and capabilities in measuring and 
reporting program performance.
    [(b) Pilot projects in the designated agencies shall 
undertake the preparation of performance plans under section 
1115, and program performance reports under section 1116, other 
than section 1116(c), for one or more of the major functions 
and operations of the agency. A strategic plan shall be used 
when preparing agency performance plans during one or more 
years of the pilot period.
    [(c) No later than May 1, 1997, the Director of the Office 
of Management and Budget shall submit a report to the President 
and to the Congress which shall--
          [(1) assess the benefits, costs, and usefulness of 
        the plans and reports prepared by the pilot agencies in 
        meeting the purposes of the Government Performance and 
        Results Act of 1993;
          [(2) identify any significant difficulties 
        experienced by the pilot agencies in preparing plans 
        and reports; and
          [(3) set forth any recommended changes in the 
        requirements of the provisions of Government 
        Performance and Results Act of 1993, section 306 of 
        title 5, sections 1105, 1115, 1116, 1117, 1119 and 9703 
        of this title, and this section.]

           *       *       *       *       *       *       *


[SEC. 1119. PILOT PROJECTS FOR PERFORMANCE BUDGETING

    [(a) The Director of the Office of Management and Budget, 
after consultation with the head of each agency shall designate 
not less than five agencies as pilot projects in performance 
budgeting for fiscal years 1998 and 1999. At least three of the 
agencies shall be selected from those designated as pilot 
projects under section 1118, and shall also reflect a 
representative range of Government functions and capabilities 
in measuring and reporting program performance.
    [(b) Pilot projects in the designated agencies shall cover 
the preparation of performance budgets. Such budgets shall 
present, for one or more of the major functions and operations 
of the agency, the varying levels of performance, including 
outcome-related performance, that would result from different 
budgeted amounts.
    [(c) The Director of the Office of Management and Budget 
shall include, as an alternative budget presentation in the 
budget submitted under section 1105 for fiscal year 1999, the 
performance budgets of the designated agencies for this fiscal 
year.
    [(d) No later than March 31, 2001, the Director of the 
Office of Management and Budget shall transmit a report to the 
President and to the Congress on the performance budgeting 
pilot projects which shall--
          [(1) assess the feasibility and advisability of 
        including a performance budget as part of the annual 
        budget submitted under section 1105;
          [(2) describe any difficulties encountered by the 
        pilot agencies in preparing a performance budget;
          [(3) recommend whether legislation requiring 
        performance budgets should be proposed and the general 
        provisions of any legislation; and
          [(4) set forth any recommended changes in the other 
        requirements of the Government Performance and Results 
        Act of 1993, section 306 of title 5, sections 1105, 
        1115, 1116, 1117, and 9703 of this title, and this 
        section.
    [(e) After receipt of the report required under subsection 
(d), the Congress may specify that a performance budget be 
submitted as part of the annual budget submitted under section 
1105.]

           *       *       *       *       *       *       *


SEC. 1120. FEDERAL GOVERNMENT AND AGENCY PRIORITY GOALS

    (a) * * *
          (1) * * *
          (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.] Such goals shall--
                  (A) be updated and revised not less 
                frequently than during the first year of each 
                Presidential term;
                  (B) be made publicly available not less 
                frequently than concurrently with the 
                submission of the budget of the United States 
                Government under section 1105(a) made during 
                the first full fiscal year following any year 
                during which a term of the President commences 
                under section 101 of title 3;
                  (C) include plans for the successful 
                achievement of each goal within each single 
                Presidential term; and
                  (D) explicitly cite to any specific contents 
                of the budget described in subparagraph (B) 
                that support the achievement of each goal.
          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.

           *       *       *       *       *       *       *


SEC. 1121. [QUARTERLY PRIORITY PROGRESS REVIEWS AND USE OF PERFORMANCE 
                    INFORMATION] PROGRESS REVIEWS AND USE OF 
                    PERFORMANCE INFORMATION.

    (a) * * *
    (b) * * *
    (c) Agency Reviews of Progress Towards Strategic Goals and 
Objectives.--
          (1) Covered goal defined.--In this subsection, the 
        term ``covered goal'' means a goal or objective 
        established in the strategic plan of the agency under 
        section 306(a) of title 5.
          (2) Review.--Not less frequently than annually and 
        consistent with guidance issued by the Director of the 
        Office of Management and Budget, the head and Chief 
        Operating Officer of each agency, shall--
                  (A) for each covered goal, review with the 
                appropriate agency official responsible for the 
                covered goal--
                          (i) the progress achieved toward the 
                        covered goal--
                                  (I) during the most recent 
                                fiscal year; or
                                  (II) from recent sources of 
                                evidence available at the time 
                                of the review; and
                          (ii) the likelihood that the agency 
                        will achieve the covered goal;
                  (B) coordinate with relevant personnel within 
                and outside the agency who contribute to the 
                accomplishment of each covered goal;
                  (C) assess progress toward each covered goal 
                by reviewing performance information and other 
                types of evidence relating to each covered 
                goal, such as program evaluations and 
                statistical data;
                  (D) identify whether additional evidence is 
                necessary to better assess progress toward each 
                covered goal, and prioritize the development of 
                the evidence described in subparagraph (C), 
                such as through the plans required under 
                section 312 of title 5, if applicable;
                  (E) assess whether relevant organizations, 
                program activities, regulations, policies, and 
                other activities contribute as planned to each 
                covered goal;
                  (F) as appropriate, leverage the assessment 
                performed under subparagraph (E) as part of the 
                portfolio reviews required under section 
                503(c)(1)(G);
                  (G) identify any risks or impediments that 
                would reduce or otherwise decrease the 
                likelihood that the agency will achieve the 
                covered goal; and
                  (H) for each covered goal at greatest risk of 
                not being achieved, identify prospects and 
                strategies for performance improvement, 
                including any necessary changes to program 
                activities, regulations, policies, or other 
                activities of the agency.
          (3) Support.--In fulfilling the requirements of 
        paragraph (2), the head and Chief Operating Officer of 
        each agency shall be supported by--
                  (A) the Performance Improvement Officer of 
                the agency;
                  (B) as appropriate, the Chief Data Officer, 
                Evaluation Officer, Program Management 
                Improvement Officer, and Statistical Official 
                of the agency; and
                  (C) any other senior agency official 
                designated by the head of the agency, the 
                sustained involvement of whom may help the 
                agency increase the likelihood of achieving 1 
                or more covered goals.

           *       *       *       *       *       *       *


SEC. 1122. TRANSPARENCY OF PROGRAMS, PRIORITY GOALS, AND RESULTS.

    (a) * * *
          (1) * * *
          (2) * * *
                  (A) * * *
                  (B) * * *
                  (C) make the information required to be 
                included on the single website under 
                subparagraph (A) and the information in the 
                program inventory required under subparagraph 
                (B) available as an open Government data asset; 
                [and]
                  (D) at a minimum--
                          (i) update the information required 
                        to be included on the single website 
                        under subparagraph (A) on a quarterly 
                        basis; and
                          (ii) update the program inventory 
                        required under subparagraph (B) on an 
                        annual basis[.]; and
                  (E) ensure that the website described in 
                subparagraph (A) conforms with the requirements 
                for websites under section 3(a) of the 21st 
                Century Integrated Digital Experience Act (44 
                U.S.C. 3501 note).
          (3) * * *
          (4) Archiving.--The Director of the Office of 
        Management and Budget shall--
                  [(A) archive and preserve the information 
                included in the program inventory required 
                under paragraph (2)(B) after the end of the 
                period during which such information is made 
                available under paragraph (3); and]
                  (A) archive and preserve--
                          (i) the information included in the 
                        program inventory required under 
                        paragraph (2)(B), including the 
                        information described in paragraph (3), 
                        after the end of the period during 
                        which that information is made 
                        available; and
                          (ii) the information included in the 
                        single website under paragraph (2)(A) 
                        in accordance with subsections (b) and 
                        (c) after the end of the period during 
                        which such information is made 
                        available on the website; and;
                  (B) * * *
    (b) * * *
          (1) * * *
          (2) * * *
          (3) * * *
          (4) * * *
          (5) * * *
          [(6) the results achieved during the most recent 
        quarter and overall trend data compared to the planned 
        level of performance;]
          (6) the results achieved toward the agency priority 
        goals established under section 1120(b)--
                  (A) during the most recent quarter and 
                overall trend data for each quarter compared to 
                the planned level of performance; and
                  (B) at the end of the 2-year agency priority 
                goal period compared to the overall planned 
                level of performance;
    (c) * * *
          (1) * * *
          (2) * * *
          (3) * * *
          (4) * * *
          [(5) the results achieved during the most recent 
        quarter and overall trend data compared to the planned 
        level of performance;]
          (5) the results achieved toward the agency priority 
        goals established under section 1120(a)(1))--
                  (A) during the most recent quarter and 
                overall trend data for each quarter compared to 
                the planned level of performance; and
                  (B) at the end of the 4-year Federal 
                Government priority goal period compared to the 
                overall planned level of performance;

           *       *       *       *       *       *       *


SEC. 1124. ESTABLISHMENT OF DEPUTY PERFORMANCE IMPROVEMENT OFFICERS.

    (a) * * *
          [(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.]
          (1) Establishment.--At each agency, the head of the 
        agency, in consultation with the Chief Operating 
        Officer of the agency, shall designate--
                  (A) a Performance Improvement Officer, who 
                shall be a senior executive of the agency; and
                  (B) if the Performance Improvement Officer 
                designated under subparagraph (A) is not a 
                career appointee of the Senior Executive 
                Service, a Deputy Performance Improvement 
                Officer, who shall be a career appointee of the 
                Senior Executive Service.
          (2) * * *
          (3) Deputy performance improvement officer.--A Deputy 
        Performance Improvement Officer designated under 
        paragraph (1)(B) shall support the Performance 
        Improvement Officer in carrying out the functions of 
        the Performance Improvement Officer under paragraph 
        (2).

           *       *       *       *       *       *       *


UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 31--MONEY AND FINANCE

           *       *       *       *       *       *       *


Subtitle VI--Miscellaneous

           *       *       *       *       *       *       *


CHAPTER 97--MISCELLANEOUS

           *       *       *       *       *       *       *



SEC. 9704. PILOT PROJECTS FOR MANAGERIAL ACCOUNTABILITY AND 
                    FLEXIBILITY.

    (a) * * *
    (b) * * *
    [(c) The Director of the Office of Management and Budget 
shall include in the report to the President and to the 
Congress required under section 1118(c)--
          [(1) an assessment of the benefits, costs, and 
        usefulness of increasing managerial and organizational 
        flexibility, discretion, and authority in exchange for 
        improved performance through a waiver; and
          [(2) an identification of any significant 
        difficulties experienced by the pilot agencies in 
        preparing proposed waivers.]
    [(d)] (c) For purposes of this section the definitions 
under section 1115(f) shall apply.

           *       *       *       *       *       *       *


                                  [all]