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