[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.
____________________