[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 709 Enrolled Bill (ENR)]
S.709
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty four
An Act
To improve performance and accountability in the Federal Government, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Performance Act of
2024''.
SEC. 2. ESTABLISHMENT OF STRATEGIC REVIEWS AND REPORTING.
(a) Strategic Reviews.--
(1) In general.--Section 1121 of title 31, United States Code,
is amended--
(A) by striking the section heading and inserting
``Progress reviews and use of performance information''; and
(B) by adding at the end the following:
``(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.''.
(2) Conforming amendment.--The table of sections for Chapter 11
of title 31, United States Code, is amended by striking the item
relating to section 1121 and inserting the following:
``1121. Progress reviews and use of performance information..''.
(b) Summary Required.--Section 1116 of title 31, United States
Code, is amended--
(1) in subsection (c)--
(A) in paragraph (6)(E), by striking ``and'' at the end;
(B) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(8) include a summary of the findings of the review of the
agency under section 1121(c).''; and
(2) by striking subsections (f) through (i).
SEC. 3. REVISIONS TO THE FEDERAL PERFORMANCE WEBSITE.
Section 1122 of title 31, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (C)--
(I) by inserting ``required to be included on the
single website under subparagraph (A) and the
information''; before ``in the program inventory''; and
(II) by striking ``and'' at the end;
(ii) in subparagraph (D), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(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).''; and
(B) in paragraph (4), by striking subparagraph (A) and
inserting the following:
``(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'';
(2) in subsection (b), by striking paragraph (6) and inserting
the following:
``(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;''; and
(3) in subsection (c), by striking paragraph (5) and inserting
the following:
``(5) the results achieved toward the priority goals developed
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. 4. FEDERAL GOVERNMENT PRIORITY GOALS.
Section 1120(a)(2) of title 31, United States Code, is amended by
striking the second sentence and inserting ``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.''.
SEC. 5. FEDERAL GOVERNMENT PRIORITY GOAL CO-LEADERS.
Section 1115(a) of title 31, United States Code, is amended by
striking paragraph (3) and inserting the following:
``(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. 6. REPEAL OF OUTDATED PILOT PROJECTS.
(a) In General.--Chapter 11 of title 31, United States Code, is
amended by striking sections 1118 and 1119.
(b) Conforming Amendment.--Section 9704 of title 31, United States
Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(c) Clerical Amendment.--The table of sections for chapter 11 of
title 31, United States Code, is amended by striking the items relating
to sections 1118 and 1119.
SEC. 7. CLARIFYING AMENDMENTS.
(a) Clarification of Requirement To Cite to Evidence-Building
Activities in Strategic Plans.--Section 306(a) of title 5, United
States Code, is amended--
(1) in paragraph (8) by inserting ``, as applicable'' after
``section 312''; and
(2) in paragraph (9), in the matter preceding subparagraph (A),
by inserting ``with respect to the head of an agency required to
develop a plan described in subsection (a) or (b) of section 312,''
before ``an assessment''.
(b) Clarification of Timing of Agency Performance Report.--Section
1116(b)(1) of title 31, United States Code, is amended by striking
``shall occur no less than 150 days after'' and inserting ``shall occur
not later than 150 days after''.
SEC. 8. GAO REPORT.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Accountability of the House of
Representatives a report on the effectiveness of this Act and the
amendments made by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.