Overview
Title
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.
ELI5 AI
The bill wants to make sure that when the government makes special types of deals, called "other transaction agreements," they tell everyone by putting the information on a website where people can see how money is being spent. It also wants them to keep track of all these deals with unique numbers and write reports if something doesn’t show up online.
Summary AI
S. 3926 proposes amendments to the Federal Funding Accountability and Transparency Act of 2006, aiming to enhance transparency by requiring that "other transaction agreements" be reported on the website USAspending.gov. The bill mandates the creation of unique identifiers for these agreements and the publication of annual reports detailing any federal spending not posted online, and why. Additionally, it introduces measures to ensure the completeness and accuracy of data related to federal funds and sets deadlines for Inspector General reports on federal agency spending practices. The bill also involves plans for implementing these changes and instructs the Comptroller General to recommend any necessary updates to the Federal Acquisition Regulation.
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AnalysisAI
This proposed legislation, titled the "Stop Secret Spending Act of 2024," seeks to amend the Federal Funding Accountability and Transparency Act of 2006. Its primary goal is to ensure that "other transaction agreements," alongside delivery orders, are reported on the USAspending.gov website, thus enhancing the transparency of federal spending. Additionally, the bill mandates that the government establish data standards for these agreements and requires annual reports on unreported federal funding. The bill includes provisions for the regular assessment of which federal agencies need to report their spending data and imposes reporting obligations on agency Inspector Generals.
General Summary
The bill aims to improve transparency in federal spending by expanding the range of financial activities that must be disclosed to the public. By including "other transaction agreements," the legislation targets a specific type of funding mechanism often used by government agencies that has previously lacked transparency. The bill mandates the creation of unique identifiers for these agreements to facilitate tracking and public disclosure. Additionally, annual reports are required to account for spending that has not been published, highlighting reasons such as national security that might justify these omissions.
Significant Issues
Several issues arise with this bill. A major concern is the lack of clear definition for "other transaction agreements." The omission could lead to confusion and inconsistent application across federal agencies. There are also broad exceptions given for why certain spending may not be disclosed, such as under claims of national security, which may be exploited to withhold information unnecessarily. Additionally, the language used in the bill is complex and legalistic, which might hinder understanding and compliance by those tasked with implementation.
Regarding data transparency, the bill does not detail the technical and security measures necessary for the automatic transmission of financial data. This absence presents potential privacy and security risks. Moreover, the lack of explicit criteria for determining when exceptions apply could lead to subjective decisions, thereby undermining the bill’s transparency goals.
Impact on the Public
For the general public, the bill promises greater transparency in how federal funds are utilized, potentially leading to greater public trust in government spending. By making more data available and requiring regular reporting, citizens can better understand governmental financial activities. However, this promise is contingent upon the effective and consistent implementation of the bill's provisions.
Impact on Stakeholders
Stakeholders such as federal agencies and government employees might face challenges in implementing the bill due to its complex requirements and potential ambiguities. Agencies, particularly smaller ones, might find it difficult to align their existing systems with the new reporting mandates without sufficient resources or guidance. On the other hand, advocacy groups focused on governmental transparency and accountability could see this bill as a pivotal step forward in their efforts.
The stakeholders, including agencies that rely on the less-regulated use of "other transaction agreements," might face increased scrutiny and oversight as a result of the bill. While this could foster accountability, it may also introduce bureaucratic hurdles that could delay agency operations. Positive impacts could stem from innovations in data handling and improved governance practices fostered by the new reporting requirements.
Overall, while the "Stop Secret Spending Act of 2024" is poised to enhance transparency in federal spending, its success largely hinges on resolving significant ambiguities and ensuring robust execution of its provisions.
Issues
The term 'other transaction agreements' is not clearly defined, which may lead to ambiguity in its interpretation and application (Section 2).
The broad reasons listed for not posting federal spending data to the website, such as national security classification, could be used to justify withholding information unnecessarily, affecting transparency (Section 2, 3).
The bill does not specify the level of detail required for the unique identifier for other transaction agreements, potentially leading to inconsistencies in implementation (Section 2).
The mandate for automatic transmission of data regarding 'other transaction agreements' does not provide clarity on the technical and security measures for this process, raising privacy and security concerns (Section 2).
The complexity and legalistic language could impede understanding and compliance by agencies and stakeholders without legal expertise (Section 2, Section 3).
There is no clear mechanism or criteria described for how the Secretary will determine whether federal spending data falls within exceptions outlined in section 2(c)(2)(B) (Section 2).
Effective dates for amendments could result in confusion if there is a delay in the Secretary's publication of the list under section 3(e)(2) (Section 3).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section provides the short title for the Act, which is called the “Stop Secret Spending Act of 2024.”
2. Other transaction agreement reporting Read Opens in new tab
Summary AI
The section amends the Federal Funding Accountability and Transparency Act to include "other transaction agreements" alongside delivery orders for better tracking. It mandates the creation of unique identifiers for these agreements and requires an annual report detailing unreported federal spending, explaining why the data wasn't published, such as reasons related to national security or subaward classifications.
3. Other amendments Read Opens in new tab
Summary AI
The amendments in this section require each Federal agency's Inspector General to submit reports about secret spending to Congress by a specific deadline and make them public. Additionally, Federal agencies must ensure that information posted about federal funds is accurate and follows certain display standards, with a list of agencies required to post this information being reviewed and updated regularly.
1. Short title Read Opens in new tab
Summary AI
The Act is called the “Stop Secret Spending Act of 2024.”
2. Other transaction agreement reporting Read Opens in new tab
Summary AI
The section amends the Federal Funding Accountability and Transparency Act of 2006 to include "other transaction agreements" in federal spending data requirements. It requires that data on these agreements be made available on the website USAspending.gov, and mandates annual reports on unreported funding. It also outlines a plan to ensure data is fully integrated into the site within three years.
3. Other amendments Read Opens in new tab
Summary AI
The section makes changes to the Federal Funding Accountability and Transparency Act, requiring specific federal agencies to submit inspector general reports more frequently and ensuring the quality and accuracy of publicly posted federal spending data. It also sets standards for displaying this data and mandates regular assessments of which agencies need to post such information.
4. GAO report Read Opens in new tab
Summary AI
The section requires the Comptroller General of the United States to review and suggest updates to a specific clause in the Federal Acquisition Regulation. These updates should incorporate requirements from the Federal Funding Accountability and Transparency Act of 2006, and the review must be completed within a year after the law is enacted.