[118th Congress Public Law 190]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 2653]]
Public Law 118-190
118th Congress
An Act
To improve performance and accountability in the Federal Government, and
for other purposes. <<NOTE: Dec. 23, 2024 - [S. 709]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Federal Agency
Performance Act of 2024.>>
SECTION 1. <<NOTE: 31 USC 1101 note.>> 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. <<NOTE: Timeline.>> --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) <<NOTE: Assessment.>> 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
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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) <<NOTE: Assessment.>> 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, <<NOTE: 31 USC prec.
1101.>> 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;
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(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. <<NOTE: Deadlines.>> 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) <<NOTE: Update.>> be updated and revised not
less frequently than during the first year of each
Presidential term;
``(B) <<NOTE: Public information.>> 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) <<NOTE: Plans.>> 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.''.
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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, <<NOTE: 31 USC prec. 1101.>> 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
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of the House of Representatives a report on the effectiveness of this
Act and the amendments made by this Act.
Approved December 23, 2024.
LEGISLATIVE HISTORY--S. 709:
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SENATE REPORTS: No. 118-18 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 170 (2024):
Feb. 8, considered and passed Senate.
Dec. 4, 5, considered and passed House, amended.
Dec. 18, Senate concurred in House amendment.
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