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[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 note).
                                                       Calendar No. 707

118th CONGRESS

  2d Session

                                S. 3926

                          [Report No. 118-301]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

            December 17 (legislative day, December 16), 2024

                       Reported with an amendment
```