during a fiscal year, the Director of the Office of Manage-
ment and Budget shall— 
‘‘(1) make available in electronic form through 
the Office of Management and Budget website or 
any successor website, and provide to the Committee 
on Government Reform of the House of Representa-
tives and the Committee on Governmental Affairs of 
the Senate— 
‘‘(A) a list of the programs to be assessed 
during that fiscal year; and 
‘‘(B) the criteria that will be used to assess 
the programs; and 
‘‘(2) provide a mechanism for interested per-
sons to comment on the programs being assessed 
and the criteria that will be used to assess the pro-
grams. 
‘‘(f) REPORT.—(1) The results of the assessments 
conducted during a fiscal year shall be submitted in a re-
port to Congress at the same time that the President sub-
mits the next budget under section 1105 of this title after 
the end of that fiscal year. 
‘‘(2) The report shall— 
‘‘(A) include the performance goals for each 
program assessment;
‘‘(B) specify the criteria used for each assess-
ment; 
‘‘(C) describe the results of each assessment, 
including any significant limitation in the assess-
ments; 
‘‘(D) describe significant modifications to the 
Federal Government performance plan required 
under section 1105(a)(28) of this title made as a re-
sult of the assessments; and 
‘‘(E) be available in electronic form through the 
Office of Management and Budget website or any 
successor website. 
‘‘(g) CLASSIFIED INFORMATION.—(1) With respect 
to program assessments conducted during a fiscal year 
that contain classified information, the President shall 
submit on the same date as the report is submitted under 
subsection (f)— 
‘‘(A) a copy of each such assessment (including 
the classified information), to the appropriate com-
mittees of jurisdiction of the House of Representa-
tives and the Senate; and 
‘‘(B) consistent with statutory law governing 
the disclosure of classified information, an appendix 
containing a list of each such assessment and the 
committees to which a copy of the assessment was
submitted under subparagraph (A), to the Com-
mittee on Government Reform of the House of Rep-
resentatives and the Committee on Governmental 
Affairs of the Senate. 
‘‘(2) Upon request from the Committee on Govern-
ment Reform of the House of Representatives or the Com-
mittee on Governmental Affairs of the Senate, the Direc-
tor of the Office of Management and Budget shall, con-
sistent with statutory law governing the disclosure of clas-
sified information, provide to the Committee a copy of— 
‘‘(A) any assessment described in subparagraph 
(A) of paragraph (1) (including any assessment not 
listed in any appendix submitted under subpara-
graph (B) of such paragraph); and 
‘‘(B) any appendix described in subparagraph 
(B) of paragraph (1). 
‘‘(3) In this subsection, the term ‘classified informa-
tion’ refers to matters described in section 552(b)(1)(A) 
of title 5. 
‘‘(h) INHERENTLY GOVERNMENTAL FUNCTIONS.— 
The functions and activities authorized or required by this 
section shall be considered inherently Governmental func-
tions and shall be performed only by Federal employees.’’. 
(b) GUIDANCE.—Not later than 6 months after the 
date of the enactment of this Act, the Director of the Of-
fice of Management and Budget shall prescribe guidance 
to implement the requirements of section 1120 of title 31, 
United States Code, as added by subsection (a), including 
guidance on a definition of the term ‘‘program’’. 
(c) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) Section 1115(g) of title 31, United States 
Code, is amended by striking ‘‘1119’’ and inserting 
‘‘1120’’. 
(2) The table of sections at the beginning of 
chapter 11 of title 31, United States Code, is 
amended by adding at the end the following: 
‘‘1120. Program assessment.’’. 
SEC. 5. STRATEGIC PLANNING AMENDMENTS. 
(a) CHANGE IN DEADLINE FOR STRATEGIC PLAN.— 
Subsection (a) of section 306 of title 5, United States 
Code, is amended by striking ‘‘No later than September 
30, 1997,’’ and inserting ‘‘Not later than September 30 
of each year following a year in which an election for 
President occurs, beginning with September 30, 2005,’’. 
(b) CHANGE IN PERIOD OF COVERAGE OF STRA-
TEGIC PLAN.—Subsection (b) of section 306 of title 5, 
United States Code, is amended to read as follows: 
‘‘(b) Each strategic plan shall cover the 4-year period 
beginning on October 1 of the year following a year in 
which an election for President occurs.’’.
Union Calendar No. 12 
109TH CONGRESS 
1ST SESSION 
H. R. 185 
[Report No. 109–26] 
A BILL 
To require the review of Government programs at 
least once every 5 years for purposes of evalu-
ating their performance. 
MARCH 17, 2005 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed