S. 709Senate118th Congress (2023-2025)Enacted

Federal Agency Performance Act of 2024

Introduced March 8, 2023

AI-Generated Summary

Updated January 20, 2026 at 4:31 AM UTC

The Federal Agency Performance Act of 2024 aims to boost government performance and accountability by requiring agencies to regularly assess progress toward their strategic goals. It updates reporting requirements, the federal performance website, and the process for setting and publicizing priority goals. The law also establishes shared leadership for each goal and calls for a GAO effectiveness report.

Key Provisions

  • Agencies must conduct at least annual reviews of each strategic goal, evaluating progress, evidence, risks, and improvement strategies.
  • A summary of each agency’s review findings must be included in the required performance report.
  • The federal performance website must include updated goal data, conform to the 21st Century Integrated Digital Experience Act, and archive past information.
  • Federal priority goals must be updated at least once each presidential term, published with the budget, and include implementation plans tied to budget items.
  • Each performance goal must have at least two co‑leaders—one from the Executive Office of the President and one from a contributing agency.
  • Outdated pilot project sections (1118 and 1119) are repealed, and related codification is corrected.
  • Timing for agency performance reports is clarified to be no later than 150 days after the reporting period.
  • The Comptroller General must submit a GAO report on the Act’s effectiveness within 18 months of enactment.

Legislative Activity

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23 earlier actions
Became Law Latest Action

Became Public Law No: 118-190.

December 23, 2024

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SenateIntro Referral

Introduced in Senate

March 8, 2023

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

March 8, 2023

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.

March 29, 2023

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment. With written report No. 118-18.

May 4, 2023

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 46.

May 4, 2023

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (consideration: CR S487-489; text: CR S488-489)

February 8, 2024

SenateFloor

Message on Senate action sent to the House.

February 12, 2024

HouseFloor

Received in the House.

February 13, 2024 • 2:10 PM

HouseFloor

Held at the desk.

February 13, 2024 • 2:21 PM

HouseFloor

Mr. Burchett moved to suspend the rules and pass the bill, as amended.

December 4, 2024 • 1:01 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H6313-6315)

December 4, 2024 • 1:01 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 709.

December 4, 2024 • 1:01 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

December 4, 2024 • 1:08 PM

HouseFloor

Considered as unfinished business. (consideration: CR H6395)

December 5, 2024 • 4:46 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 389 - 6 (Roll no. 484). (text: 12/4/2024 CR H6313-6314)

December 5, 2024 • 5:16 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 389 - 6 (Roll no. 484). (text: 12/4/2024 CR H6313-6314)

December 5, 2024 • 5:16 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 5, 2024 • 5:16 PM

SenateFloor

Message on House action received in Senate and at desk: House amendment to Senate bill.

December 9, 2024

SenateNot Used

Resolving differences -- Senate actions: Senate agreed to the House Amendment to S. 709 by Voice Vote.

December 18, 2024

SenateResolving Differences

Senate agreed to the House Amendment to S. 709 by Voice Vote.

December 18, 2024

SenateFloor

Message on Senate action sent to the House.

December 19, 2024

President

Presented to President.

December 23, 2024

Became Law

Signed by President.

December 23, 2024

Became Law

Became Public Law No: 118-190.

December 23, 2024

Floor Debate

12 members

What members said about S. 709 on the floor

5 Republicans7 Democrats
Tim Burchett
Rep. Tim BurchettR-TN-2 · Dec 4, 2024

Mr. Speaker, I move to suspend the rules and pass the bill (S. 709) to improve performance and accountability in the Federal Government, and for other purposes, as amended. Mr. Speaker, I ask…

Jamie Raskin
Rep. Jamie RaskinD-MD-8 · Dec 4, 2024

Mr. Speaker, I yield myself such time as I may consume. I rise in support of the Federal Agency Performance Act. I also thank my colleagues, the gentleman from South Carolina (Mr. Timmons) and the…

William R. Timmons IV
Rep. William R. Timmons IVR-SC-4 · Dec 4, 2024

Mr. Speaker, today I rise in support of S. 709, the Federal Agency Performance Act. I also thank my colleague, Mr. Khanna, for partnering with me on the House companion version of this important bill…

Cory A. Booker
Sen. Cory A. BookerD-NJ · Dec 18, 2024

Madam President, I understand that the Senate has received the House message to accompany S. 709. I ask that the chair lay before the body the House message to accompany S. 709. The Presiding Officer…

Jasmine Crockett
Rep. Jasmine CrockettD-TX-30 · Dec 5, 2024

Mr. Speaker, I was absent during the time of votes. Had I been present, I would have voted: YEA on Roll Call No. 484; S. 709; YEA on Roll Call No. 485; H.R. 9598; YEA on Roll Call No. 486; H.R. 9600;…

Show 7 more
Steve Scalise
Rep. Steve ScaliseR-LA-1 · Dec 5, 2024

Mr. Speaker, I have a motion at the desk to refer the resolution to the Committee on Ethics. Mr. Speaker, we have heard enough on this. We can talk about it for an hour, four hours. The bottom line,…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Feb 8, 2024

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 46, S. 709. I further ask that the committee-reported amendment be agreed to; that the…

Katie Porter
Rep. Katie PorterD-CA-47 · Dec 5, 2024

Mr. Speaker, I was unable to be present to cast my votes on Roll Call Nos. 484, 485, 486, 487, 488, 489, 490 and 491. Had I been present, I would have voted YEA on Roll Call No. 484, YEA on Roll Call…

Marie Gluesenkamp Perez
Rep. Marie Gluesenkamp PerezD-WA-3 · Dec 5, 2024

Mr. Speaker, I unfortunately missed votes today due to a family emergency. Had I been present, I would have voted: YEA on Roll Call No. 484, YEA on Roll Call No. 485, YEA on Roll Call No. 486, NAY on…

Sam Graves
Rep. Sam GravesR-MO-6 · Dec 5, 2024

Mr. Speaker, I missed a series of votes. Had I been present, I would have voted YEA on Roll Call No. 484, YEA on Roll Call No. 485, YEA on Roll Call No. 486, NAY on Roll Call No. 487, NAY on Roll…

Steve Cohen
Rep. Steve CohenD-TN-9 · Dec 5, 2024

Mr. Speaker, I rise to hope that about nine Republicans leave and don't vote, and I rise to a question of the privileges of the House and offer the resolution that was previously noticed. Mr.…

Andy Barr
Rep. Andy BarrR-KY-6 · Dec 5, 2024

Mr. Speaker, had I been present, I would have voted YEA on Roll Call No. 484.

Bill Text

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One Hundred Eighteenth Congress of the United States of America

2d Sess.

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and twenty four

S. 709

AN ACT

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

1.

Short title

This Act may be cited as the Federal Agency Performance Act of 2024.

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).

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;

.

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.

.

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);

.

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.

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.

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 of the House of Representatives a report on the effectiveness of this Act and the amendments made by this Act.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate