Congressional Budget Justification Transparency Act of 2021
PL 117-40 (S.272), enacted 09/24/2021

[117th Congress Public Law 40]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 337]]

Public Law 117-40
117th Congress

                                 An Act


 
  To amend the Federal Funding Accountability and Transparency Act of 
2006, to require the budget justifications and appropriation requests of 
   agencies be made publicly available. <<NOTE: Sept. 24, 2021 -  [S. 
                                 272]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Congressional 
Budget Justification Transparency Act of 2021.>> 
SECTION 1. <<NOTE: 31 USC 6101 note.>>  SHORT TITLE.

    This Act may be cited as the ``Congressional Budget Justification 
Transparency Act of 2021''.
SEC. 2. PUBLIC AVAILABILITY OF BUDGET JUSTIFICATIONS AND 
                    APPROPRIATION REQUESTS.

    (a) In General.--Section 3 of the Federal Funding Accountability and 
Transparency Act of 2006 (31 U.S.C. 6101 note) is amended to read as 
follows:
``SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS.

    ``(a) <<NOTE: Time periods. Consultation.>>  In General.--Not less 
frequently than monthly when practicable, and in any event not less 
frequently than quarterly, the Secretary (in consultation with the 
Director and, with respect to information described in subsection 
(b)(2), the head of the applicable Federal agency) shall ensure that 
updated information with respect to the information described in 
subsection (b) is posted on the website established under section 2.

    ``(b) Information To Be Posted.--
            ``(1) Funds.--For any funds made available to or expended by 
        a Federal agency or component of a Federal agency, the 
        information to be posted shall include--
                    ``(A) for each appropriations account, including an 
                expired or unexpired appropriations account, the 
                amount--
                          ``(i) of budget authority appropriated;
                          ``(ii) that is obligated;
                          ``(iii) of unobligated balances; and
                          ``(iv) of any other budgetary resources;
                    ``(B) from which accounts and in what amount--
                          ``(i) appropriations are obligated for each 
                      program activity; and
                          ``(ii) outlays are made for each program 
                      activity;
                    ``(C) from which accounts and in what amount--
                          ``(i) appropriations are obligated for each 
                      object class; and
                          ``(ii) outlays are made for each object class; 
                      and
                    ``(D) for each program activity, the amount--
                          ``(i) obligated for each object class; and

[[Page 135 STAT. 338]]

                          ``(ii) of outlays made for each object class.
            ``(2) Budget justifications.--
                    ``(A) Definitions.--In this paragraph--
                          ``(i) the term `budget justification 
                      materials' means the annual budget justification 
                      materials of a Federal agency, or a component of a 
                      Federal agency, that are submitted, in conjunction 
                      with the budget of the United States Government 
                      submitted under section 1105(a) of title 31, 
                      United States Code; and
                          ``(ii) the term `open Government data asset' 
                      has the meaning given that term in section 3502 of 
                      title 44, United States Code.
                    ``(B) Information.--The information to be posted--
                          ``(i) shall include any budget justification 
                      materials--
                                    ``(I) for the second fiscal year 
                                beginning after the date of enactment of 
                                this paragraph, and each fiscal year 
                                thereafter; and
                                    ``(II) to the extent practicable, 
                                that were released for any fiscal year 
                                before the date of enactment of this 
                                paragraph; and
                          ``(ii) shall not include budget justification 
                      materials the disclosure of which is prohibited by 
                      law, that are classified, or that are exempt from 
                      disclosure under section 552(b) of title 5, United 
                      States Code.
                    ``(C) Format.--Budget justification materials shall 
                be posted under subparagraph (B)--
                          ``(i) as an open Government data asset;
                          ``(ii) in a manner that enables users to 
                      download individual reports, download all reports 
                      in bulk, and download in bulk the results of a 
                      search, to the extent practicable; and
                          ``(iii) in a structured data format, to the 
                      extent practicable.
                    ``(D) Deadline.--The budget justification materials 
                required to be posted under subparagraph (B)(i) shall be 
                posted not later than 2 weeks after the date on which 
                the budget justification materials are first submitted 
                to Congress.
                    ``(E) Rule of construction.--Nothing in this 
                paragraph shall be construed to authorize a Federal 
                agency, or a component of a Federal agency, to destroy 
                any budget justification materials relating to a fiscal 
                year before the fiscal year described in subparagraph 
                (B)(i).''.

    (b) <<NOTE: Web postings.>>  Information Regarding Agency Budget 
Justifications.--Section 1105 of title 31, United States Code, is 
amended by adding at the end the following:

    ``(i)(1) <<NOTE: Update. List.>>  The Director of the Office of 
Management and Budget shall make publicly available on a website, and 
continuously update, a tabular list for each fiscal year of each agency 
that submits budget justification materials, which shall include--
            ``(A) the name of the agency;
            ``(B) a unique identifier that identifies the agency;
            ``(C) to the extent practicable, the date on which the 
        budget justification materials of the agency are first submitted 
        to Congress;

[[Page 135 STAT. 339]]

            ``(D) the date on which the budget justification materials 
        of the agency are posted online under section 3 of the Federal 
        Funding Accountability and Transparency Act of 2006 (31 U.S.C. 
        6101 note);
            ``(E) the uniform resource locator where the budget 
        justification materials are published on the website of the 
        agency; and
            ``(F) a single data set that contains the information 
        described in subparagraphs (A) through (E) with respect to the 
        agency for all fiscal years for which budget justifications of 
        the agency are made available under section 3 of the Federal 
        Funding Accountability and Transparency Act of 2006 (31 U.S.C. 
        6101 note) in a structured data format.

    ``(2)(A) Each agency that submits budget justification materials 
shall make the materials available on the website of the agency, in 
accordance with the policies established by the Director of the Office 
of Management and Budget under subparagraph (B).
    ``(B) <<NOTE: Deadline. Consultation. Standards. Guidelines.>>  Not 
later than 1 year after the date of enactment of this subsection, the 
Director of the Office of Management and Budget, in consultation with 
the Secretary of the Treasury, shall establish policies and data 
standards for agencies relating to making available materials under 
subparagraph (A), which shall include guidelines for making budget 
justification materials available in a format aligned with the 
requirements of section 3(b)(2)(C) of the Federal Funding Accountability 
and Transparency Act of 2006 (31 U.S.C. 6101 note) and using a uniform 
resource locator that is in a consistent format across agencies and is 
descriptive, memorable, and pronounceable, such as the format of 
`agencyname.gov/budget'.

    ``(C) If the Director of the Office of Management and Budget 
maintains a public website that contains the budget of the United States 
Government submitted under subsection (a) and any related materials, 
such website shall also contain a link to the tabular list required 
under paragraph (1).
    ``(3) <<NOTE: Definition.>>  In this subsection, the term `budget 
justification materials' has the meaning given that term in section 
3(b)(2) of the Federal Funding Accountability and Transparency Act of 
2006 (31 U.S.C. 6101 note).''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the

[[Page 135 STAT. 339]]

Congressional Record by the Chairman of the Senate Budget Committee, 
provided that such statement has been submitted prior to the vote on 
passage.

    Approved September 24, 2021.

LEGISLATIVE HISTORY--S. 272 (H.R. 22):
---------------------------------------------------------------------------

SENATE REPORTS: No. 117-23 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD, Vol. 167 (2021):
            June 24, considered and passed Senate.
            July 26, Aug. 23, considered and passed House.

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