II Calendar No. 707 118th CONGRESS 2d Session S. 3926 [Report No. 118–301] 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.

1. Short title This Act may be cited as the Stop Secret Spending Act of 2024 . 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)(ii), by striking and delivery orders and inserting delivery orders, and 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 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. . (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: (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, data for which has not been posted to the website; and (2) with respect to the Federal spending described in paragraph (1)— (A) the categories of the Federal spending; and (B) the reason data on the Federal spending has not been posted to the website, including whether the Federal spending was— (i) national security-related or classified; (ii) a grant or contract awarded or entered into by a legislative or judicial branch agency; or (iii) a subaward below a primary subaward. . 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 by striking paragraph (2) and inserting the following: (2) Deadlines The Inspector General of each Federal agency 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) 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. . (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), 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 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. (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).

1. Short title This Act may be cited as the Stop Secret Spending Act of 2024 . 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. 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). 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).

December 17 (legislative day, December 16), 2024 Reported with an amendment