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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 709 Engrossed in Senate (ES)]

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118th CONGRESS
  2d Session
                                 S. 709

_______________________________________________________________________

                                 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 
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--
                    ``(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.

            Passed the Senate February 8 (legislative day, February 7), 
      2024.

            Attest:

                                                             Secretary.
118th CONGRESS

  2d Session

                                 S. 709

_______________________________________________________________________

                                 AN ACT

 To improve performance and accountability in the Federal Government, 
                        and for other purposes.
```