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[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.
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