II 

109TH CONGRESS 

2D SESSION S. 2718 

To require full disclosure by entities receiving Federal funds, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2006 

Mr. ENSIGN introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To require full disclosure by entities receiving Federal funds, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Website for American 

5 Taxpayers to Check and Help Deter Out-of-control Gov6 ernment Spending Act’’ or ‘‘WATCHDOGS Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) AGENCY.—The term ‘‘agency’’ means an 

2 Executive agency as defined under section 105 of 

3 title 5, United States Code. 

4 (2) CONTRACTOR ENTITY.—The term ‘‘con5 tractor entity’’ means any entity that receives Fed6 eral funds as a general contractor or subcontractor 

7 at any tier in connection with a Federal contract. 

8 (3) COVERED ENTITY.—The term ‘‘covered en9 tity’’ means any entity that receives Federal funds— 

10 (A) through a grant or loan, except— 

11 (i) a grant or loan under entitlement 

12 authority; or 

13 (ii) a loan designated by the Office of 

14 Management and Budget under section 

15 2(a)(3); or 

16 (B) under a statutory provision that di17 rectly references the entity receiving Federal 

18 funds, including any appropriations Act (or re19 lated committee or conference report) that spe20 cifically identifies the entity. 

21 (4) ENTITLEMENT AUTHORITY.—The term ‘‘en22 titlement authority’’ has the meaning given under 

23 section 3 of the Congressional Budget and Impound24 ment Control Act of 1974 (2 U.S.C. 622). 

25 (5) ENTITY.—The term ‘‘entity’’— 


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1 (A) includes any State or local govern2 ment; and 

3 (B) shall not include the Federal Govern4 ment. 

5 SEC. 3. DISCLOSURE BY ENTITIES. 

6 (a) OFFICE OF MANAGEMENT AND BUDGET.—The 

7 Office of Management and Budget— 

8 (1) shall issue a Federal funds application num9 ber to each covered entity or contractor entity that 

10 applies for such number, except that if more than 1 

11 covered entity or contractor entity share a single tax 

12 identification number, only 1 Federal funds applica13 tion number shall be issued for those covered entities 

14 or contractor entities; 

15 (2) shall develop and establish an updated 

16 searchable database website accessible to the public 

17 of the information on— 

18 (A) each covered entity required to be sub19 mitted under subsection (b)(3), including links 

20 to other websites described under subsection 

21 (b)(3); and 

22 (B) each contractor entity required to be 

23 submitted under subsection (c)(3); 


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1 (3) may promulgate regulations to designate 

2 loan programs which are not covered by this Act 

3 if— 

4 (A) the Federal funds under that program 

5 are received only by individuals; and 

6 (B) the agency administering the program 

7 exercises minimal discretion in determining re8 cipients other than the application of specific 

9 criteria of eligibility; and 

10 (4) after consultation with agencies, promulgate 

11 regulations to provide exemptions for disclosures of 

12 information, covered entities, and contractor entities 

13 in the interest of national defense or national secu14 rity. 

15 (b) REQUIREMENTS FOR COVERED ENTITIES.—Each 

16 covered entity shall— 

17 (1) apply to the Office of Management and 

18 Budget for a Federal funds application number; 

19 (2) use the Federal funds application number in 

20 any application or other document relating to the re21 ceipt of Federal funds; and 

22 (3) not later than 45 days before the end of 

23 each fiscal year, file a report with the Office of Man24 agement and Budget that includes— 


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1 (A) the dollar amount, of any Federal 

2 funds received by the entity in the previous 5 

3 years and the identification of such amounts in 

4 each year, including an identification of the 

5 source of funds from programs based on the 

6 Catalogue of Federal Assistance, if applicable; 

7 (B) the entity’s— 

8 (i) primary office and any additional 

9 offices; 

10 (ii) the tax status; and 

11 (iii) tax identification number; 

12 (C) the full name, address, and social secu13 rity numbers of each officer and director of the 

14 entity; 

15 (D) an overall annual financial disclosure 

16 statement for the previous year (with specific 

17 amounts for total lobbying expenses, travel ex18 penses, rent, salaries, and decorating expenses); 

19 (E) the full name, address, and social se20 curity number of each employee making more 

21 than $50,000 each year in gross income; 

22 (F) any links to the website of the covered 

23 entity providing additional information on that 

24 covered entity; and 


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1 (G) any other relevant information the Of2 fice of Management and Budget may require. 

3 (c) REQUIREMENTS FOR CONTRACTOR ENTITIES.— 

4 Each contractor entity shall— 

5 (1) apply to the Office of Management and 

6 Budget for a Federal funds application number; 

7 (2) use the Federal funds application number in 

8 any application or other document relating to the re9 ceipt of Federal funds; and 

10 (3) not later than 45 days before the end of 

11 each fiscal year, file a report with the Office of Man12 agement and Budget that includes— 

13 (A) the dollar amount, of any Federal 

14 funds received by the entity in the previous 5 

15 years and the identification of such amounts in 

16 each year, including an identification of the 

17 source of funds from programs based on the 

18 Catalogue of Federal Assistance, if applicable; 

19 and 

20 (B) the entity’s— 

21 (i) primary office and any additional 

22 offices; 

23 (ii) the tax status; and 

24 (iii) tax identification number. 

25 (d) FEDERAL AGENCIES.—Each agency shall— 


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1 (1) use the Federal funds application number 

2 with respect to any document relating to a covered 

3 entity or contractor entity receiving Federal funds, 

4 including applications, correspondence, contracts, 

5 memoranda, proposals, agreements, and receipts; 

6 and 

7 (2) make such information relating to covered 

8 entities or contractor entities and such documents 

9 available to the Office of Management and Budget 

10 as the Office may require. 

11 (e) APPLICATION OF CERTAIN FEDERAL LAWS TO

12 COVERED ENTITIES AND CONTRACTOR ENTITIES.— 

13 (1) IN GENERAL.—Notwithstanding any other 

14 provision of law, the provisions of law described 

15 under paragraph (2) shall apply to a covered entity 

16 or contractor entity to the greatest extent prac17 ticable as though that covered entity or contractor 

18 entity is a Federal agency, if 10 percent of the busi19 ness expenditures or annual budget of a covered en20 tity or contractor entity is derived by or from Fed21 eral funds. 

22 (2) APPLICABLE LAWS.—The provisions of law 

23 referred to under paragraph (1) are— 


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1 (A) section 552 of title 5, United States 

2 Code (commonly referred to as the Freedom of 

3 Information Act); and 

4 (B) subchapter I of chapter 57 of title 5, 

5 United States Code (relating to travel and sub6 sistence expenses and mileage allowances). 

7 (f) REGULATIONS.—The Office of Management and 

8 Budget shall promulgate regulations to carry out this Act. 

9 (g) EFFECTIVE DATES.— 

10 (1) IN GENERAL.—This Act shall take effect on 

11 January 1, 2007. 

12 (2) REGULATIONS.—Subsection (f) shall take 

13 effect on the date of enactment of this Act. 

Æ 


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