[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3926 Reported in Senate (RS)]
<DOC>
Calendar No. 707
118th CONGRESS
2d Session
S. 3926
[Report No. 118-301]
To amend the Federal Funding Accountability and Transparency Act of
2006 to ensure that other transaction agreements are reported to
USAspending.gov, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2024
Ms. Ernst (for herself, Mr. Lankford, and Mr. Peters) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
December 17 (legislative day, December 16), 2024
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Federal Funding Accountability and Transparency Act of
2006 to ensure that other transaction agreements are reported to
USAspending.gov, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Stop Secret Spending Act of
2024''.</DELETED>
<DELETED>SEC. 2. OTHER TRANSACTION AGREEMENT REPORTING.</DELETED>
<DELETED> (a) Other Transaction Agreements.--Section 2(a) of the
Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C.
6101 note) is amended--</DELETED>
<DELETED> (1) in paragraph (4)(A)(ii), by striking ``and
delivery orders'' and inserting ``delivery orders, and other
transaction agreements''; and</DELETED>
<DELETED> (2) in paragraph (7)--</DELETED>
<DELETED> (A) in subparagraph (B), by striking
``(2)(A)(i)'' and inserting ``(4)(A)(i)'';
and</DELETED>
<DELETED> (B) in subparagraph (C), by striking
``(2)(A)(ii)'' and inserting ``(4)(A)(ii)''.</DELETED>
<DELETED> (b) Data Standards.--Section 4 of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) is
amended by adding at the end the following:</DELETED>
<DELETED> ``(e) Other Transaction Agreement Identifiers.--Not later
than 90 days after the date of enactment of the Stop Secret Spending
Act of 2024, the Secretary shall create a unique identifier for data
relating to other transaction agreements made available on the website
established under section 2.''.</DELETED>
<DELETED> (c) Annual Report on Unreported Funding.--Section 2(a) of
the Federal Funding Accountability and Transparency Act of 2006 (31
U.S.C. 6101 note) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(h) Annual Report.--Not later than 1 year after the date
of enactment of the Stop Secret Spending Act of 2024, and annually
thereafter, the Secretary shall post to the website established under
this section a report that includes--</DELETED>
<DELETED> ``(1) the total amount of Federal spending on
Federal awards, data for which has not been posted to the
website; and</DELETED>
<DELETED> ``(2) with respect to the Federal spending
described in paragraph (1)--</DELETED>
<DELETED> ``(A) the categories of the Federal
spending; and</DELETED>
<DELETED> ``(B) the reason data on the Federal
spending has not been posted to the website, including
whether the Federal spending was--</DELETED>
<DELETED> ``(i) national security-related or
classified;</DELETED>
<DELETED> ``(ii) a grant or contract awarded
or entered into by a legislative or judicial
branch agency; or</DELETED>
<DELETED> ``(iii) a subaward below a primary
subaward.''.</DELETED>
<DELETED>SEC. 3. OTHER AMENDMENTS.</DELETED>
<DELETED> (a) Inspector General Reports.--Section 6(a) of the
Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C.
6101 note) is amended by striking paragraph (2) and inserting the
following:</DELETED>
<DELETED> ``(2) Deadlines.--The Inspector General of each
Federal agency shall submit to Congress and make publicly
available a report described in paragraph (1)(B)--</DELETED>
<DELETED> ``(A) not later than 1 year after the date
of enactment of the Stop Secret Spending Act of 2024;
and</DELETED>
<DELETED> ``(B) on the same date as the Inspector
General of each Federal agency submits the second and
fourth reports required under sections 3521(f) and
9105(a)(3) of title 31, United States Code following
the date of the report submitted under subparagraph
(A); and.''.</DELETED>
<DELETED> (b) Full Disclosure of Federal Funds.--</DELETED>
<DELETED> (1) In general.--Section 3 of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note) is amended--</DELETED>
<DELETED> (A) in subsection (b)--</DELETED>
<DELETED> (i) paragraph (1), in the matter
preceding subparagraph (A), by striking ``a
Federal agency or component of a Federal
agency''and inserting ``a Federal agency or a
component of a Federal agency included on the
list posted under subsection (e)(2)'';
and</DELETED>
<DELETED> (ii) in paragraph (2)(B), by
striking ``to be posted'' and inserting ``to be
posted by a Federal agency or a component of a
Federal agency included on the list posted
under subsection (e)(2)''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(c) Quality of Information.--The Secretary and the
Director, in consultation with the heads of Federal agencies, shall
ensure that the information to be posted under subsection (b) that is
posted by a Federal agency or component of a Federal agency is complete
and accurate.</DELETED>
<DELETED> ``(d) Display Standards.--The Secretary, in consultation
with the Director, shall ensure that the heads of Federal agencies that
post information under subsection (b) comply with display standards
established by the Secretary.</DELETED>
<DELETED> ``(e) Agency Reporting Determination.--Not later than 1
year after the date of enactment of the Stop Secret Spending Act of
2024, and not less frequently than once every 2 years thereafter, the
Secretary, in coordination with the Director, shall--</DELETED>
<DELETED> ``(1) assess and make a determination with respect
to which Federal agencies and components of Federal agencies
are required to post information under subsection
(b);</DELETED>
<DELETED> ``(2) publish a list of the Federal agencies and
components of Federal agencies determined under paragraph (1)
on the website established under section 2(b)(1); and</DELETED>
<DELETED> ``(3) provide to the head and inspector general of
each Federal agency or component of a Federal agency included
on the list published under paragraph (2) written notice of the
inclusion of the Federal agency or component of a Federal
agency on the list.''.</DELETED>
<DELETED> (2) Effective date.--The amendments made by
paragraph (1)(A) shall take effect on the date on which the
Secretary publishes the first list under section 3(e)(2) of the
Federal Funding Accountability and Transparency Act of 2006 (31
U.S.C. 6101 note), as added by paragraph (1).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Secret Spending Act of 2024''.
SEC. 2. OTHER TRANSACTION AGREEMENT REPORTING.
(a) Other Transaction Agreements.--Section 2(a) of the Federal
Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note) is amended--
(1) in paragraph (4)(A)--
(A) in clause (ii), by adding ``and'' at the end;
and
(B) by adding at the end the following:
``(iii) includes other transaction
agreements;''; and
(2) in paragraph (7)--
(A) in subparagraph (B), by striking ``(2)(A)(i)''
and inserting ``(4)(A)(i)''; and
(B) in subparagraph (C), by striking ``(2)(A)(ii)''
and inserting ``(4)(A)(ii)''.
(b) Data Standards.--Section 4 of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) is
amended by adding at the end the following:
``(e) Other Transaction Agreement Data.--Not later than 3 years
after the date of enactment of the Stop Secret Spending Act of 2024,
the Secretary shall ensure that, with respect to the website
established under section 2, or any successor website--
``(1) data relating to other transaction agreements is
automatically transmitted to the website; and
``(2) a centralized view of the data described in paragraph
(1) is available on the website.''.
(c) Annual Report on Unreported Funding.--Section 2 of the Federal
Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note) is amended by adding at the end the following:
``(h) Annual Report.--Not later than 1 year after the date of
enactment of the Stop Secret Spending Act of 2024, and annually
thereafter, the Secretary shall post to the website established under
this section a report that includes--
``(1) the total amount of Federal spending on Federal
awards for which data has not been posted to the website; and
``(2) the reason data on the Federal spending described in
paragraph (1) has not been posted to the website, including
whether the Federal spending was--
``(A) national security-related or classified;
``(B) a grant or contract awarded or entered into
by a legislative or judicial branch agency; or
``(C) a subaward below a primary subaward.''.
(d) Implementation Plan.--
(1) Definitions.--In this subsection:
(A) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.
(B) Relevant agency.--The term ``relevant agency''
means a Federal agency (as defined in section 2(a) of
the Federal Funding Accountability and Transparency Act
of 2006 (31 U.S.C. 6101 note)) that has the authority
to enter into an other transaction agreement, as
determined by the Director.
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(D) Usaspending.gov.--The term ``USAspending.gov''
means the website established under section 2 of the
Federal Funding Accountability and Transparency Act of
2006 (31 U.S.C. 6101 note).
(2) Initial compilation.--If the Secretary has not yet
complied with subsection (e) of section 4 of the Federal
Funding Accountability and Transparency Act of 2006 (31 U.S.C.
6101 note), as added by this section, by the date that is 1
year after the date of enactment of this Act, not later than 1
year after the date of enactment of this Act, the Secretary, in
coordination with the Director and the heads of relevant
agencies, shall publish on USAspending.gov a report that lists
and includes a detailed description of all other transaction
agreements entered into by the relevant agencies for the fiscal
year preceding the fiscal year during which the report is
published.
(3) Plan.--If the Secretary has not yet complied with
subsection (e) of section 4 of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note), as added by this section, by the date that is 2 years
after the date of enactment of this Act, not later than 2 years
after the date of enactment of this Act, the Secretary, in
consultation with the Director and the heads of relevant
agencies, shall submit to Congress a plan that includes--
(A) the status of including data relating to other
transaction agreements on USAspending.gov; and
(B) actions underway and planned to ensure that the
data described in subparagraph (A) is fully
incorporated into USAspending.gov by the date that is 3
years after the date of enactment of this Act.
SEC. 3. OTHER AMENDMENTS.
(a) Inspector General Reports.--Section 6(a) of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``each Federal agency'' and inserting ``each
agency described in paragraphs (1) and (2) of section
901(b) of title 31, United States Code'';
(B) in subparagraph (A), by striking ``Federal
agency'' and inserting ``agency''; and
(C) in subparagraph (B), by striking ``Federal
agency'' and inserting ``agency''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Deadlines.--The inspector general of each agency
described in paragraphs (1) and (2) of section 901(b) of title
31, United States Code, shall submit to Congress and make
publicly available a report described in paragraph (1)(B)--
``(A) not later than 1 year after the date of
enactment of the Stop Secret Spending Act of 2024; and
``(B) not less than frequently than once every 2
years after the date described in subparagraph (A)
until the date that is 10 years after the date of
enactment of the Stop Secret Spending Act of 2024 on
the date of submission of the report required under
section 3521(f) or 9105(a)(3) of title 31, United
States Code, for the applicable fiscal year.''.
(b) Full Disclosure of Federal Funds.--
(1) In general.--Section 3 of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note) is amended--
(A) in subsection (b)--
(i) paragraph (1), in the matter preceding
subparagraph (A), by striking ``a Federal
agency or component of a Federal agency'' and
inserting ``a Federal agency or a component of
a Federal agency included on the list posted
under subsection (e)(2)''; and
(ii) in paragraph (2)(B), in the matter
preceding clause (i), by striking ``to be
posted'' and inserting ``to be posted by a
Federal agency or a component of a Federal
agency included on the list posted under
subsection (e)(2)''; and
(B) by adding at the end the following:
``(c) Quality of Information.--
``(1) In general.--The Secretary and the Director, in
consultation with the heads of Federal agencies, shall
establish requirements to ensure that the information to be
posted under subsection (b) that is posted by a Federal agency
or component of a Federal agency is complete and accurate.
``(2) Federal agency responsibility.--The head of each
Federal agency or component of a Federal agency posting data
under subsection (b) shall ensure that the data is complete and
accurate.
``(3) Authority to verify accuracy.--The Secretary and the
Director may verify that the data posted under subsection (b)
by a Federal agency or component of a Federal agency are
complete, accurate, and consistent.
``(d) Display Standards.--The Secretary, in consultation with the
Director, shall ensure that the heads of Federal agencies that post
information under subsection (b) comply with display standards
established by the Secretary.
``(e) Agency Reporting Determination.--Not later than 1 year after
the date of enactment of the Stop Secret Spending Act of 2024, and not
less frequently than once every 2 years thereafter, the Secretary, in
coordination with the Director, shall--
``(1) assess and make a determination with respect to which
Federal agencies and components of Federal agencies are
required to post information under subsection (b);
``(2) publish a list of the Federal agencies and components
of Federal agencies determined under paragraph (1) on the
website established under section 2(b)(1); and
``(3) provide to the head and inspector general of each
Federal agency or component of a Federal agency included on the
list published under paragraph (2) written notice of the
inclusion of the Federal agency or component of a Federal
agency on the list.''.
(2) Effective date.--The amendments made by paragraph
(1)(A) shall take effect on the date on which the Secretary
publishes the first list under section 3(e)(2) of the Federal
Funding Accountability and Transparency Act of 2006 (31 U.S.C.
6101 note), as added by paragraph (1).
SEC. 4. GAO REPORT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall make recommendations for
any updates the Comptroller General of the United States determines
advisable to clause 52.204.10 of the Federal Acquisition Regulation
with respect to incorporating requirements under the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 no