What This Bill Does
This bill requires federal agencies to regularly review their progress toward goals and report their findings to the public. It also updates the government's performance website and changes how federal government-wide goals are set and tracked.
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Who It Affects
Federal agencies and their leaders, Office of Management and Budget officials, Congress, and the American public who can access government performance information.
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Key Provisions
- Agency leaders must review progress on goals at least once per year, looking at recent performance data and whether the agency will achieve its targets. They must identify risks that could prevent success and develop improvement strategies for goals at greatest risk. (Sec. 2)
- The head and Chief Operating Officer of each agency must be supported by Performance Improvement Officers, Chief Data Officers, and other senior officials when conducting these progress reviews. (Sec. 2)
- Federal Government priority goals must be updated during the first year of each presidential term and made public at the same time as the yearly budget. These goals must include plans for achieving each goal within a single presidential term. (Sec. 4)
- For each federal government performance goal, at least two lead government officials must be jointly responsible for coordinating efforts to achieve it, with at least one from the Executive Office of the President. (Sec. 5)
- The federal performance website must archive and preserve information from the program inventory and the single website after that information is no longer made available. (Sec. 3)
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What Changes
The bill changes how federal agencies track and report their progress. Agencies must now conduct formal annual reviews of their goals with specific officials and document their findings. The government's performance website must show quarterly results and trend data compared to planned performance levels. Federal Government priority goals must be refreshed at the start of each presidential term and include budget connections. Two or more lead officials from different parts of government must jointly oversee each government-wide goal.
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Important Definitions
"Covered goal" means a goal or objective established in an agency's strategic plan. (Sec. 2)
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Effective Date
Not specified in bill text
138 STAT. 2653
PUBLIC LAW 118–190—DEC. 23, 2024
Public Law 118–190
118th Congress
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 informa-
tion’’; 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 con-
sistent 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 evi-
dence 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
Assessment.
Timeline.
31 USC 1101
note.
Federal Agency
Performance Act
of 2024.
Dec. 23, 2024
[S. 709]
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138 STAT. 2654
PUBLIC LAW 118–190—DEC. 23, 2024
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 con-
tribute 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 inven-
tory’’; and
(II) by striking ‘‘and’’ at the end;
31 USC
prec. 1101.
Assessment.
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138 STAT. 2655
PUBLIC LAW 118–190—DEC. 23, 2024
(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 Experi-
ence 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 inven-
tory 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 pri-
ority 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 achieve-
ment of each goal.’’.
Plans.
Public
information.
Update.
Deadlines.
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138 STAT. 2656
PUBLIC LAW 118–190—DEC. 23, 2024
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, iden-
tify, 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
31 USC
prec. 1101.
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138 STAT. 2657
PUBLIC LAW 118–190—DEC. 23, 2024
LEGISLATIVE HISTORY—S. 709:
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.
Æ
of the House of Representatives a report on the effectiveness of
this Act and the amendments made by this Act.
Approved December 23, 2024.
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