[Congressional Record Volume 170, Number 23 (Thursday, February 8, 2024)]
[Senate]
[Pages S487-S489]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 FEDERAL AGENCY PERFORMANCE ACT OF 2023

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 46, S. 709.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 709) to improve performance and accountability 
     in the Federal Government, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment as follows:
  (The part of the bill intended to be inserted is printed in italic.)

                                 S. 709

       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 2023''.

     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. ESTABLISHMENT OF DEPUTY PERFORMANCE IMPROVEMENT 
                   OFFICERS.

       Section 1124(a) of title 31, United States Code, is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Establishment.--At each agency, the head of the 
     agency, in consultation with the Chief Operating Officer of 
     the agency, shall designate--

[[Page S488]]

       ``(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.''; and
       (2) by adding at the end the following:
       ``(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).''.

     SEC. 7. 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. 8. 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. 9. 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.

  Mr. SCHUMER. I further ask that the committee-reported amendment be 
agreed to; that the bill, as amended, be considered read a third time 
and passed; and that the motion to reconsider be considered made and 
laid upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment was agreed to.
  The bill (S. 709), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                 S. 709

       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 2023''.

     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:

[[Page S489]]

       ``(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. ESTABLISHMENT OF DEPUTY PERFORMANCE IMPROVEMENT 
                   OFFICERS.

       Section 1124(a) of title 31, United States Code, is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(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.''; and
       (2) by adding at the end the following:
       ``(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).''.

     SEC. 7. 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. 8. 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. 9. 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.

                          ____________________