The Watchdog Act
Bill: S.3836 | Sponsor: Sen. Ernst, Joni (R-IA)
Policy area: Taxation

Summary:
The Watchdog Act
This bill establishes in the Executive Office of the President the Taxpayer Watchdog Office. The office shall (1) oversee the implementation of federal transparency laws (i.e., laws requiring disclosure of how federal funds are spent), (2) accept and review complaints about a failure of a federal agency to comply with a transparency law, (3) evaluate the compliance of federal agencies with such laws, (4) provide information on transparency to the public on a searchable public website, and (5) make annual reports to the public listing each federal transparency law and on the evaluation of federal agency compliance with such laws.

To establish within the Executive Office of the President the Taxpayer 
                            Watchdog Office.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as ``The Watchdog Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' means--
                    (A) an Executive agency, as defined in section 105 
                of title 5, United States Code; and
                    (B) an independent regulatory agency, as defined in 
                section 3502 of title 44, United States Code.
            (2) Director.--The term ``Director'' means the Director of 
        Openness in Government appointed under section 3(b).
            (3) Federal transparency laws.--The term ``Federal 
        transparency laws'' means transparency laws of the Federal 
        Government, including--
                    (A) section 552 of title 5, United States Code;
                    (B) section 552b of title 5, United States Code;
                    (C) the Federal Funding Accountability and 
                Transparency Act of 2006 (31 U.S.C. 6101 note);
                    (D) the program inventory of each Federal agency 
                required under section 1122(a) of title 31, United 
                States Code;
                    (E) section 2374b of title 10, United States Code;
                    (F) section 11319 of title I of the Infrastructure 
                Investment and Jobs Act (Public Law 117-58); and
                    (G) any requirement included in an annual 
                appropriations Act for a grant recipient of Federal 
                funds to include in statements, press releases, 
                requests for proposals, bid solicitations, or other 
                documents describing projects or programs funded in 
                whole or in part with Federal money--
                            (i) the percentage of the total costs of 
                        the program or project which will be financed 
                        with Federal money;
                            (ii) the dollar amount of Federal funds for 
                        the project or program; or
                            (iii) the percentage and dollar amount of 
                        the total costs of the project or program that 
                        will be financed by non-governmental sources.
            (4) Office.--The term ``Office'' means the Taxpayer 
        Watchdog Office established under section 3(a).

SEC. 3. ESTABLISHMENT OF TAXPAYER WATCHDOG OFFICE.

    (a) Establishment.--There is established within the Executive 
Office of the President the Taxpayer Watchdog Office.
    (b) Director.--The Director shall be the head of the Office and 
shall be appointed by the President.
    (c) Staff Resources.--The Director of the Office of Management and 
Budget shall ensure that the Office has sufficient staff resources to 
enable the Director to fulfill the duties described in section 4.

SEC. 4. DUTIES OF THE OFFICE.

    (a) Oversight.--
            (1) Implementation of government transparency laws.--The 
        Director shall oversee the implementation of Federal 
        transparency laws.
            (2) Complaints.--The Director shall accept and review 
        complaints about a failure of an agency to comply with a 
        Federal transparency law.
            (3) Evaluation.--The Director shall develop a standard 
        compliance and performance scoring methodology using a 100-
        point scale and shall evaluate and grade each agency according 
        to the scale by considering--
                    (A) the compliance of the agency with Federal 
                transparency laws, including the accuracy, 
                thoroughness, and timeliness of the agency in providing 
                the public the information required by those laws; and
                    (B) any other action taken by the agency to 
                increase openness in the Federal Government.
            (4) Cooperation.--
                    (A) In general.--The Director may collect necessary 
                information from agencies to determine whether an 
                agency is in compliance with Federal transparency laws.
                    (B) Agency cooperation.--Each agency shall 
                cooperate with the Office to provide information 
                necessary to complete the evaluation required under 
                paragraph (3).
    (b) Information to the Public.--The Director shall--
            (1) with respect to information to which the public is 
        required to be provided access under Federal transparency 
        laws--
                    (A) compile and maintain on a searchable public 
                website an up-to-date summary of the information and 
                the manner in which the information may be accessed; 
                and
                    (B) compile a summary of the legal limitations to 
                accessing the information, including limitations 
                relating to personal privacy, national security, law 
                enforcement, and privileged communications; and
            (2) compile case law on the interpretation of Federal 
        transparency laws.
    (c) Report and Recommendations.--
            (1) Annual report.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Director 
        shall make available to the public a report--
                    (A) listing--
                            (i) each Federal transparency law; and
                            (ii) the compilation of information 
                        relating to Federal transparency laws required 
                        under subsection (b)(1);
                    (B) summarizing the evaluations required under 
                subsection (a)(3);
                    (C) detailing how the Federal transparency laws 
                apply to--
                            (i) each agency; and
                            (ii) each entity receiving Federal 
                        financial assistance, including grants, 
                        subgrants, loans, contracts, and tax 
                        expenditures;
                    (D) providing statistics on the timeliness and 
                completeness of agency reporting and disclosure of 
                information required to be provided or disclosed under 
                Federal transparency laws; and
                    (E) including any agency response to the evaluation 
                in the report.
            (2) Recommendations.--Not later than 2 years after the date 
        of enactment of this Act, and not less frequently than every 2 
        years thereafter, the Director shall submit to the President, 
        the heads of agencies, and Congress recommendations for 
        improvements to increase transparency in the activities and 
        missions of, and supported by, the Federal Government.

SEC. 5. OFFICERS AND EMPLOYEES.

    The Director may appoint and terminate such officers and employees 
as may be necessary to enable the Office to perform the duties of the 
Office.

SEC. 6. FUNDING.

    The Office shall be funded through the Office of Management and 
Budget.
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