S 709 — Federal Agency Performance Act of 2024

changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

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TITLE 5--MONEY AND FINANCE

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PART I--THE AGENCIES GENERALLY

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CHAPTER 3--POWERS

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Subchapter I--General Provisions

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SEC. 306. AGENCY STRATEGIC PLANS.

 (a) * * *
 (1) * * *

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 (8) a description of the program evaluations used in 
 establishing or revising general goals and objectives, 
 with a schedule for future program evaluations to be 
 conducted, and citations to relevant provisions of the 
 plans required under section 312 as applicable; and
 (9) with respect to the head of an agency required to 
 develop a plan described in subsection (a) or (b) of 
 section an assessment of the coverage, quality, 
 methods, effectiveness, and independence of the 
 statistics, evaluation, research, and analysis efforts 
 of the agency, including--

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UNITED STATES CODE

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TITLE 31--MONEY AND FINANCE

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Subtitle II--The Budget Process

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CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

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Table of sections
Sec.
1101. Definitions.
 * * * * * * *
[1118. Pilot projects for performance goals.]
[1119. Pilot projects for performance budgeting.]
1120. Federal Government and agency priority goals.
1121. [Quarterly priority progress reviews and use of performance 
 information.] Progress reviews and use of performance 
 information.
1122. Transparency of programs, priority goals, and results.

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SEC. 1115. FEDERAL GOVERNMENT PRIORITY GOAL CO LEADERS.

 (a) * * *
 (1) * * *
 (2) * * *
 [(3) for each Federal Government performance goal, 
 identify a lead Government official who shall be 
 responsible for coordinating the efforts to achieve the 
 goal;]
 (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);

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SEC. 1116. AGENCY PERFORMANCE REPORTING.

 (a) * * *
 (b)
 (1) Each update shall compare actual performance 
 achieved with the performance goals established in the 
 agency performance plan under section 1115(b) and 
 [shall occur no less than 150 days after] shall occur 
 not later than 150 days after the end of each fiscal 
 year, with more frequent updates of actual performance 
 on indicators that provide data of significant value to 
 the Government, Congress, or program partners at a 
 reasonable level of administrative burden.
 (c) * * *
 (1) * * *
 (2) * * *
 (3) * * *
 (4) * * *
 (5) * * *
 (6) * * *
 (A) * * *
 (B) * * *
 (C) * * *
 (D) * * *
 (E) how the agency has compensated for such 
 limitations if needed to reach the required 
 level of accuracy; [and]
 (7) include the summary findings of those program 
 evaluations completed during the period covered by the 
 update[.]; and
 (8) include a summary of the findings of the review 
 agency under section 1121(c).
 (d) * * *
 (e) * * *
 [(f) Each fiscal year, the Office of Management and Budget 
shall determine whether the agency programs or activities meet 
performance goals and objectives outlined in the agency 
performance plans and submit a report on unmet goals to--
 ([(1) the head of the agency;
 ([(2) the Committee on Homeland Security and 
 Governmental Affairs of the Senate;
 ([(3) the Committee on Oversight and Governmental 
 Reform of the House of Representatives; and
 ([(4) the Government Accountability Office.
 [(g) If an agency's programs or activities have not met 
performance goals as determined by the Office of Management and 
Budget for 1 fiscal year, the head of the agency shall submit a 
performance improvement plan to the Office of Management and 
Budget to increase program effectiveness for each unmet goal 
with measurable milestones. The agency shall designate a senior 
official who shall oversee the performance improvement 
strategies for each unmet goal.
 [(h)
 [(1) If the Office of Management and Budget 
 determines that agency programs or activities have 
 unmet performance goals for 2 consecutive fiscal years, 
 the head of the agency shall--
 [(A) submit to Congress a description of the 
 actions the Administration will take to improve 
 performance, including proposed statutory 
 changes or planned executive actions; and
 [(B) describe any additional funding the 
 agency will obligate to achieve the goal, if 
 such an action is determined appropriate in 
 consultation with the Director of the Office of 
 Management and Budget, for an amount determined 
 appropriate by the Director.
 [(2) In providing additional funding described under 
 paragraph (1)(B), the head of the agency shall use any 
 reprogramming or transfer authority available to the 
 agency. If after exercising such authority additional 
 funding is necessary to achieve the level determined 
 appropriate by the Director of the Office of Management 
 and Budget, the head of the agency shall submit a 
 request to Congress for additional reprogramming or 
 transfer authority.
 [(i) If an agency's programs or activities have not met 
performance goals as determined by the Office of Management and 
Budget for 3 consecutive fiscal years, the Director of the 
Office of Management and Budget shall submit recommendations to 
Congress on actions to improve performance not later than 60 
days after that determination, including--
 [(1) reauthorization proposals for each program or 
 activity that has not met performance goals;
 [(2) proposed statutory changes necessary for the 
 program activities to achieve the proposed level of 
 performance on each performance goal; and
 [(3) planned executive actions or identification of 
 the program for termination or reduction in the 
 President's budget.]

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[SEC. 1118. PILOT PROJECTS FOR PERFORMANCE GOALS.

 [(a) The Director of the Office of Management and Budget, 
after consultation with the head of each agency, shall 
designate not less than ten agencies as pilot projects in 
performance measurement for fiscal years 1994, 1995, and 1996. 
The selected agencies shall reflect a representative range of 
Government functions and capabilities in measuring and 
reporting program performance.
 [(b) Pilot projects in the designated agencies shall 
undertake the preparation of performance plans under section 
1115, and program performance reports under section 1116, other 
than section 1116(c), for one or more of the major functions 
and operations of the agency. A strategic plan shall be used 
when preparing agency performance plans during one or more 
years of the pilot period.
 [(c) No later than May 1, 1997, the Director of the Office 
of Management and Budget shall submit a report to the President 
and to the Congress which shall--
 [(1) assess the benefits, costs, and usefulness of 
 the plans and reports prepared by the pilot agencies in 
 meeting the purposes of the Government Performance and 
 Results Act of 1993;
 [(2) identify any significant difficulties 
 experienced by the pilot agencies in preparing plans 
 and reports; and
 [(3) set forth any recommended changes in the 
 requirements of the provisions of Government 
 Performance and Results Act of 1993, section 306 of 
 title 5, sections 1105, 1115, 1116, 1117, 1119 and 9703 
 of this title, and this section.]

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[SEC. 1119. PILOT PROJECTS FOR PERFORMANCE BUDGETING

 [(a) The Director of the Office of Management and Budget, 
after consultation with the head of each agency shall designate 
not less than five agencies as pilot projects in performance 
budgeting for fiscal years 1998 and 1999. At least three of the 
agencies shall be selected from those designated as pilot 
projects under section 1118, and shall also reflect a 
representative range of Government functions and capabilities 
in measuring and reporting program performance.
 [(b) Pilot projects in the designated agencies shall cover 
the preparation of performance budgets. Such budgets shall 
present, for one or more of the major functions and operations 
of the agency, the varying levels of performance, including 
outcome-related performance, that would result from different 
budgeted amounts.
 [(c) The Director of the Office of Management and Budget 
shall include, as an alternative budget presentation in the 
budget submitted under section 1105 for fiscal year 1999, the 
performance budgets of the designated agencies for this fiscal 
year.
 [(d) No later than March 31, 2001, the Director of the 
Office of Management and Budget shall transmit a report to the 
President and to the Congress on the performance budgeting 
pilot projects which shall--
 [(1) assess the feasibility and advisability of 
 including a performance budget as part of the annual 
 budget submitted under section 1105;
 [(2) describe any difficulties encountered by the 
 pilot agencies in preparing a performance budget;
 [(3) recommend whether legislation requiring 
 performance budgets should be proposed and the general 
 provisions of any legislation; and
 [(4) set forth any recommended changes in the other 
 requirements of the Government Performance and Results 
 Act of 1993, section 306 of title 5, sections 1105, 
 1115, 1116, 1117, and 9703 of this title, and this 
 section.
 [(e) After receipt of the report required under subsection 
(d), the Congress may specify that a performance budget be 
submitted as part of the annual budget submitted under section 
1105.]

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SEC. 1120. FEDERAL GOVERNMENT AND AGENCY PRIORITY GOALS

 (a) * * *
 (1) * * *
 (2) The Federal Government priority goals shall be 
 long-term in nature. [At a minimum, the Federal 
 Government priority goals shall be updated or revised 
 every 4 years and made publicly available concurrently 
 with the submission of the budget of the United States 
 Government made in the first full fiscal year following 
 any year in which the term of the President commences 
 under section 101 of title 3.] 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.
 As needed, the Director of the Office of Management 
 and Budget may make adjustments to the Federal 
 Government priority goals to reflect significant 
 changes in the environment in which the Federal 
 Government is operating, with appropriate notification 
 of Congress.

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SEC. 1121. [QUARTERLY PRIORITY PROGRESS REVIEWS AND USE OF PERFORMANCE 
 INFORMATION] PROGRESS REVIEWS AND USE OF 
 PERFORMANCE INFORMATION.

 (a) * * *
 (b) * * *
 (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.

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SEC. 1122. TRANSPARENCY OF PROGRAMS, PRIORITY GOALS, AND RESULTS.

 (a) * * *
 (1) * * *
 (2) * * *
 (A) * * *
 (B) * * *
 (C) make the information required to be 
 included on the single website under 
 subparagraph (A) and the information in the 
 program inventory required under subparagraph 
 (B) available as an open Government data asset; 
 [and]
 (D) at a minimum--
 (i) update the information required 
 to be included on the single website 
 under subparagraph (A) on a quarterly 
 basis; and
 (ii) update the program inventory 
 required under subparagraph (B) on an 
 annual basis[.]; and
 (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).
 (3) * * *
 (4) Archiving.--The Director of the Office of 
 Management and Budget shall--
 [(A) archive and preserve the information 
 included in the program inventory required 
 under paragraph (2)(B) after the end of the 
 period during which such information is made 
 available under paragraph (3); and]
 (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;
 (B) * * *
 (b) * * *
 (1) * * *
 (2) * * *
 (3) * * *
 (4) * * *
 (5) * * *
 [(6) the results achieved during the most recent 
 quarter and overall trend data compared to the planned 
 level of performance;]
 (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;
 (c) * * *
 (1) * * *
 (2) * * *
 (3) * * *
 (4) * * *
 [(5) the results achieved during the most recent 
 quarter and overall trend data compared to the planned 
 level of performance;]
 (5) the results achieved toward the agency priority 
 goals established 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;

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SEC. 1124. ESTABLISHMENT OF DEPUTY PERFORMANCE IMPROVEMENT OFFICERS.

 (a) * * *
 [(1) Establishment.--At each agency, the head of the 
 agency, in consultation with the agency Chief Operating 
 Officer, shall designate a senior executive of the 
 agency as the agency Performance Improvement Officer.]
 (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.
 (2) * * *
 (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).

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UNITED STATES CODE

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TITLE 31--MONEY AND FINANCE

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Subtitle VI--Miscellaneous

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CHAPTER 97--MISCELLANEOUS

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SEC. 9704. PILOT PROJECTS FOR MANAGERIAL ACCOUNTABILITY AND 
 FLEXIBILITY.

 (a) * * *
 (b) * * *
 [(c) The Director of the Office of Management and Budget 
shall include in the report to the President and to the 
Congress required under section 1118(c)--
 [(1) an assessment of the benefits, costs, and 
 usefulness of increasing managerial and organizational 
 flexibility, discretion, and authority in exchange for 
 improved performance through a waiver; and
 [(2) an identification of any significant 
 difficulties experienced by the pilot agencies in 
 preparing proposed waivers.]
 [(d)] (c) For purposes of this section the definitions 
under section 1115(f) shall apply.

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