THE GOVERNMENT TRANSPARENCY & PERFORMANCE ACT

A Bill to Implement Real-Time Accountability, Data-Driven Decision-Making, and Performance-Based Funding Across Federal Programs

SECTION 1. SHORT TITLE

This Act may be cited as the “Government Transparency & Performance Act.”

SECTION 2. PURPOSE

To enhance the efficiency, effectiveness, and transparency of federal government operations by mandating performance-based evaluations, real-time public financial tracking, and the elimination of underperforming programs. This Act codifies the performance-management, inspector-general, and budget-auditing authorities already vested in the Executive Branch by existing statute and recent Executive Orders, and adds a statutory reconciliation-eligible formula that cannot be reversed by regulation alone.

TITLE I — DEFINITIONS & STANDARDS

Vehicle: Definitional (no standalone vehicle). Terms defined in this Title apply throughout the Act and are operative under whichever vehicle carries the substantive Title that references them. The coordination clause in Sec. 103 is interpretive.

Sec. 101. Key Terms

(a) “Performance-Based Evaluation” A structured, objective measurement of a government agency, program, or initiative based on clear, quantifiable benchmarks of success, including efficiency, cost-effectiveness, and public impact.
(b) “Public Accountability Dashboard” A real-time, publicly accessible database that tracks federal spending, agency performance, and program effectiveness.
(c) “Failing Government Program” A federally funded initiative that meets any two of the following conditions over a three-year period:

Fails to meet key performance indicators (KPIs) outlined in its mission statement.
Costs exceed allocated budgets by more than 20% without justification.
Fails to produce measurable benefits to the public, as determined by independent audits.
Has declining public engagement or usage metrics.

(d) “Automated Budget Auditing System (ABAS)” A federal system that monitors government spending in real time, flags financial inefficiencies, and recommends automatic funding reductions for failing programs.

Sec. 103. Coordination with Existing Authority

(a) Nothing in this Act shall be construed to duplicate, supersede, or conflict with:

The Inspector General Act of 1978, recodified at 5 U.S.C. Sec. 401 et seq.
The Chief Financial Officers Act of 1990, codified at 31 U.S.C. Sec. 901 et seq.
The Government Performance and Results Act Modernization Act of 2010 (Pub. L. 111-352), codified at 31 U.S.C. Sec. 1115 et seq.
The Federal Information Security Modernization Act (FISMA), codified at 44 U.S.C. Chapter 35.
Executive Orders issued in the 2025-2026 period establishing the Department of Government Efficiency initiative and related performance-management processes.

(b) This Act codifies, rather than invents, the authorities above. Where this Act establishes a new report, dashboard, or formula, it shall be administered inside the pre-existing oversight architecture and under the appropriation ceilings already established by law for those authorities, unless an appropriation is separately enacted.

TITLE II — IMPLEMENTATION OF REAL-TIME TRANSPARENCY

Vehicle: Executive / regulatory. Implemented under existing Treasury, Office of Management and Budget, and Inspector General authority. The dashboard operates under the Digital Accountability and Transparency Act (Pub. L. 113-101, 31 U.S.C. Sec. 6101 note) and the GPRA Modernization Act. The 5% reduction in Sec. 201(b) is an administrative apportionment action within OMB authority under 31 U.S.C. Sec. 1512. Precedent: Extends the USAspending.gov infrastructure and GPRA performance.gov reporting that already exist.

Sec. 201. Establishment of the Public Accountability Dashboard

(a) The U.S. Treasury, in coordination with the Office of Management and Budget, shall develop and maintain a real-time, publicly accessible dashboard displaying:

All federal spending in real time, categorized by agency, department, and initiative.
Performance data for each federal program, including goal achievement and budget utilization.
Public feedback metrics, allowing citizens to rate government programs and submit recommendations for improvement or elimination.

(b) Failure to report financial or performance data within required timeframes shall result in an automatic apportionment reduction of 5% under 31 U.S.C. Sec. 1512, applied to non-compensation operating accounts.

Sec. 202. Government Spending Report Card

(a) Each federal agency shall receive an annual “Government Performance Report Card,” ranking its effectiveness based on:

Operational efficiency (cost per unit of service delivered).
Success rate of initiatives.
Budget compliance (overspending vs. savings).
Public satisfaction and engagement.

(b) Agencies receiving failing scores (D or F) for two consecutive years shall be subject to Presidential reorganization authority and Senior Executive Service reassignment under 5 U.S.C. Chapter 35 and 5 U.S.C. Sec. 3132 et seq.

TITLE III — PERFORMANCE-BASED FUNDING & PROGRAM ELIMINATION

Vehicle: Reconciliation-eligible. Establishes statutory appropriation-formula percentages for a category of federal accounts with direct budgetary effect. Within the jurisdiction of the House Committee on the Budget and the Senate Committee on the Budget for reconciliation instructions; committees of jurisdiction execute the line-by-line scheduling. Pay-for: The phased transition is revenue-neutral against existing appropriation baselines; any savings from eliminated failing programs under Sec. 301(d) offset reinvestment into performing programs. Precedent: Extends the GPRA Modernization Act’s performance goals into a binding funding formula. Codifies the formula as statute so it cannot be reversed by regulation alone.

Sec. 301. Phased Implementation of Performance-Based Federal Funding

(a) Year 1: Transparency dashboards and real-time tracking go live under Title II.
(b) Year 2: Performance-based funding begins with 10% of non-defense discretionary agency budgets subject to the formula.
(c) Year 3: Expands to 30% of non-defense discretionary agency budgets.
(d) Year 4: Full transition to performance-based allocations across covered federal agencies. Programs determined under Sec. 401 to be fraudulent, redundant, or persistently ineffective shall be ineligible for continued appropriation until remediation under a plan approved by OMB.

TITLE IV — INDEPENDENT PERFORMANCE AUDITS

Vehicle: Executive / regulatory. Executes under existing Government Accountability Office authority in 31 U.S.C. Sec. 711 et seq. and Inspector General authority in 5 U.S.C. Sec. 401 et seq. No new agency is created and no new authorization is required. Precedent: Extends the GAO’s existing three-year audit cycles and Chief Financial Officers Act reporting structure.

Sec. 401. Independent Performance Audits

(a) The Government Accountability Office (GAO) shall conduct independent performance audits of every federal program on a rotating three-year basis, in coordination with agency Inspectors General under the Inspector General Act of 1978 (5 U.S.C. Sec. 401 et seq.).
(b) Programs found by the GAO to be fraudulent, redundant, or consistently ineffective shall be reported to the appropriations committees and to OMB for consideration under the Title III formula.

TITLE V — EXECUTIVE ACCOUNTABILITY & PERSONNEL REFORM

Vehicle: Executive / regulatory, with codification clause (Reconciliation-eligible sub-section). This Title codifies, with statutory force, the Schedule F performance-accountability framework for career policy-influencing positions restored by Executive Order 14171 of January 20, 2025, “Restoring Accountability for Career Senior Executives” (90 Fed. Reg. 8621), which itself revived the framework established by Executive Order 13957 of October 21, 2020 (85 Fed. Reg. 67631). Codification as statute prevents reversal of the framework by a subsequent Executive Order alone. Where compensation-linked accountability provisions have direct budgetary effect on the Federal personnel accounts, those sub-sections fit within Byrd Rule limits for reconciliation instructions to the House Committee on Oversight and Accountability and the Senate Committee on Homeland Security and Governmental Affairs. Committee referral: House Committee on Oversight and Accountability and Senate Committee on Homeland Security and Governmental Affairs.

Sec. 501. Executive Performance-Based Accountability

(a) The performance-accountability framework for Senior Executive Service appointees under 5 U.S.C. Sec. 3131 et seq., as implemented through Executive Order 14171 (January 20, 2025) and predecessor Executive Order 13957 (October 21, 2020), is hereby codified as statute. All federal agency leaders whose positions are subject to Senior Executive Service appointment shall be required to meet key performance objectives, established annually by the Director of the Office of Management and Budget, to remain in office.
(b) Failure to meet two consecutive annual performance evaluations shall result in reassignment or removal under 5 U.S.C. Sec. 3592 and Sec. 3593 as applied consistent with the Schedule F framework codified in subsection (a).
(c) Executive bonuses and pay raises shall be tied directly to agency effectiveness scores published under Sec. 202. This subsection operates through amendment of the performance-pay provisions of 5 U.S.C. Sec. 5384 and has direct budgetary effect on the Executive Schedule and SES performance-pay accounts.

Sec. 502. Ending Lifetime Bureaucratic Tenure

(a) All federal employees in positions designated under 5 U.S.C. Chapter 35 shall undergo performance reviews every two years, using the procedures of 5 U.S.C. Sec. 4303 as applied consistent with the Schedule F framework codified in Sec. 501(a).
(b) Employees receiving failing reviews twice in a row shall be subject to reassignment or removal under Chapter 43 of Title 5, in a manner consistent with existing collective bargaining obligations and Merit Systems Protection Board appeal rights under 5 U.S.C. Sec. 7701.

TITLE VI — CITIZEN PARTICIPATION IN GOVERNMENT ACCOUNTABILITY

Vehicle: Reconciliation-eligible. Sec. 602 amends 31 U.S.C. Sec. 3730(d), the qui tam reward provisions of the False Claims Act, with direct, non-incidental effect on Federal recoveries and payouts from the Treasury. Sec. 601 operates under existing notice-and-comment rulemaking authority (Executive / regulatory sub-section) and imposes no new authorization; it is included in this Title for topical coherence and incurs no independent Byrd Rule risk because it carries no binding Treasury effect. Committee referral: House Committee on Oversight and Accountability and Senate Committee on Homeland Security and Governmental Affairs; Sec. 602 additionally within the jurisdiction of the House Committee on the Judiciary and the Senate Committee on the Judiciary as amendments to the False Claims Act.

Sec. 601. Regulatory Participation Dashboard (advisory)

Vehicle: Executive / regulatory (sub-section). Implemented under existing notice-and-comment rulemaking authority at 5 U.S.C. Sec. 553 and the E-Government Act of 2002 (44 U.S.C. Sec. 3601 et seq.). No new authorization or appropriation is required; the General Services Administration operates the portal within its existing Federal Citizen Services Fund authority.

(a) The Administrator of General Services, in coordination with the Director of the Office of Management and Budget, shall establish and operate a Regulatory Participation Dashboard within the Federal Citizen Services Fund under 40 U.S.C. Sec. 323, integrated with the existing regulations.gov platform, through which members of the public may submit comments on proposed government initiatives.
(b) Public comments submitted through the Dashboard shall be advisory only and shall be treated as public comment under 5 U.S.C. Sec. 553(c); nothing in this Section shall be construed to bind Congress, any agency, or any executive officer to any action based on the volume or content of public comments.
(c) For any proposed government initiative where aggregated disapproval commentary through the Dashboard exceeds 65 percent of submitted comments, the Director of OMB shall publish a notice in the Federal Register and shall transmit that notice to the relevant Congressional authorizing committees for their discretionary review. Congressional consideration, if any, remains subject to each chamber’s regular order.
(d) Nothing in this Section authorizes a binding citizen-initiative process, a Treasury disbursement, or the displacement of any authority vested in Congress or any executive officer by statute or the Constitution.

Sec. 602. Qui Tam Expansion for Waste and Inefficiency Recoveries

(a) Amendment to the False Claims Act. Section 3730(d) of title 31, United States Code, is amended by adding at the end the following new paragraph: “(5) Waste and Inefficiency Recoveries. — For purposes of this subsection, a civil action brought on the basis of information developed through a Federal Inspector General investigation, a Government Accountability Office report, or a referral from the Pandemic Response Accountability Committee or a successor oversight body, concerning federal expenditures that are recouped as a result of waste, inefficiency, or redundant program activity, shall be deemed to be a civil action under this Section, and the informant shall be entitled to a reward calculated under the percentages set forth in paragraphs (1) and (2), subject to the $10,000,000 threshold recovery floor established by the Secretary of the Treasury by regulation.”
(b) Reporting Portal. The Council of the Inspectors General on Integrity and Efficiency shall operate a secure, anonymous reporting portal through which Federal employees and members of the public may submit information concerning waste, fraud, or abuse, and shall transmit actionable submissions to the Department of Justice for consideration of action under Section 3730 as amended by subsection (a).
(c) Conforming Authority. Nothing in this Section shall be construed to impair the existing authority of Inspectors General under the Inspector General Act of 1978 (5 U.S.C. App.), the investigative authority of the Government Accountability Office under 31 U.S.C. Chapter 7, or the procedural rights of defendants in civil actions under Section 3730.

TITLE VII — DATA SECURITY & TRANSPARENCY STANDARDS

Vehicle: Executive / regulatory. Implemented under FISMA (44 U.S.C. Chapter 35) and the Secretary of Homeland Security’s authority over federal civilian cybersecurity under 6 U.S.C. Sec. 659. No new authorization is required. Precedent: Extends FISMA compliance enforcement and the Federal Risk and Authorization Management Program (FedRAMP).

Sec. 701. Government Data Security Requirements

(a) All government financial data must be encrypted and protected against cyber threats, at standards no less protective than those established under FISMA (44 U.S.C. Chapter 35).
(b) Agencies failing to meet federal cybersecurity compliance shall face an apportionment reduction of 10% under 31 U.S.C. Sec. 1512, applied to non-compensation operating accounts until remediation is certified.

Sec. 702. AI Oversight of Government Efficiency

(a) A federally managed AI-driven monitoring system, operated within the authority of the National AI Initiative Office under 15 U.S.C. Sec. 9401 et seq. and consistent with the NIST AI Risk Management Framework, shall track inefficiencies, fraudulent expenditures, and redundant programs in real time.
(b) AI recommendations for program improvements must be submitted to Congress and the public every six months.

TITLE VIII — IMPLEMENTATION & COMPLIANCE

Vehicle: Implementation (no standalone vehicle). Oversight and review provisions take effect under whichever vehicle carried each substantive Title.

Sec. 801. Federal Oversight & Implementation Authority

(a) The Office of Management and Budget (OMB) shall oversee compliance and implementation of this Act, in coordination with the Council of the Inspectors General on Integrity and Efficiency.
(b) Agencies failing to meet transparency or performance requirements will be subject to Presidential reorganization authority.

Sec. 802. Five-Year Sunset Review

(a) All provisions under this Act shall be reviewed after five years for effectiveness.
(b) Any provision failing to show measurable government improvement shall be subject to amendment or repeal by a two-thirds Congressional vote.

TITLE IX — GENERAL PROVISIONS

Vehicle: Structural (no standalone vehicle). Severability, savings, rules-of-construction, and effective-date clauses operative under whichever vehicle carried the substantive Titles above.

Sec. 901. Severability

(a) If any provision of this Act, or the application of any provision to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected.
(b) It is the intent of Congress that the provisions of this Act be severable to the maximum extent permitted by law, and in particular that the reconciliation-eligible provisions of Title III shall remain operative if any executive-track provision of Titles IV, V, VI, or VII is stayed, enjoined, or invalidated.

Sec. 902. Savings Clause

(a) Nothing in this Act shall be construed to impair or supersede any right, authority, obligation, liability, or appropriation existing under Federal law on the day before the date of enactment of this Act, except to the extent expressly provided by this Act.
(b) Actions taken, rules promulgated, or orders issued under authorities referenced in this Act and in effect on the date of enactment, including without limitation the Inspector General Act of 1978 (5 U.S.C. App.), the Chief Financial Officers Act of 1990, the Government Performance and Results Modernization Act of 2010 (31 U.S.C. Chapter 11), the Federal Information Security Modernization Act (44 U.S.C. Chapter 35), and the 2025-2026 Executive Orders relating to government efficiency, shall remain in effect until superseded by action taken under this Act.
(c) Nothing in this Act shall be construed to impair the independence of Inspectors General or the authority of the Government Accountability Office under 31 U.S.C. Sec. 712.

Sec. 903. Rules of Construction

(a) This Act shall be construed in coordination with, and not to duplicate or conflict with, the statutes and authorities identified in Sec. 103 (Coordination with Existing Authority).
(b) No provision of this Act shall be construed to imply preemption of State law except where expressly so provided.
(c) Nothing in this Act shall be construed to waive, limit, or alter sovereign immunity or to create a private right of action except as expressly provided in amendments to 31 U.S.C. Sec. 3730 under Sec. 602.
(d) Where a provision of this Act is subject to more than one reasonable construction, the construction most consistent with the purposes stated in Section 2 shall prevail.

Sec. 904. Effective Date

(a) Except as otherwise provided in this Act, this Act shall take effect 180 days after the date of enactment.
(b) Title III (Performance-Based Funding & Program Elimination) shall take effect with the first full fiscal year beginning after enactment, coincident with annual appropriations cycles. The phased reallocation schedule in Sec. 301(b) begins in the fiscal year specified therein.
(c) Title IV (Independent Performance Audits), Title V (Executive Accountability & Personnel Reform), and Title VII (Data Security & Transparency Standards) shall take effect on the date of enactment, to the extent they codify or extend existing executive authority.
(d) Title VI (Citizen Participation in Government Accountability) amendments to 31 U.S.C. Sec. 3730 shall take effect on the date of enactment and shall apply to conduct occurring on or after that date.