Overview

Title

To expand reporting on subcontracts and subgrants made under Federal awards, and for other purposes.

ELI5 AI

The bill wants to make sure we know more about where money goes when the government gives it to people and businesses, even when they give it to other people and businesses. It also wants to show who is in charge of these companies, but this could make some people worried about their privacy.

Summary AI

S. 5507 aims to enhance transparency by expanding the reporting requirements for subcontracts and subgrants made under Federal awards. The bill mandates the inclusion of demographic details of the top executives of entities receiving federal funds and the reporting of the financial details of subcontracts and subgrants. It requires the Office of Management and Budget to update the reporting website within 180 days, and directs the Federal Acquisition Regulatory Council to consider public comments before finalizing related regulations.

Published

2024-12-12
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-12-12
Package ID: BILLS-118s5507is

Bill Statistics

Size

Sections:
3
Words:
640
Pages:
4
Sentences:
10

Language

Nouns: 182
Verbs: 47
Adjectives: 16
Adverbs: 6
Numbers: 24
Entities: 38

Complexity

Average Token Length:
3.90
Average Sentence Length:
64.00
Token Entropy:
4.66
Readability (ARI):
32.07

AnalysisAI

Summary of the Bill

The proposed legislation, titled the "Increasing Transparency and Accountability in Federal Spending Act," seeks to amend the Federal Funding Accountability and Transparency Act of 2006. The primary focus is to expand the reporting requirements regarding subcontracts and subgrants awarded under Federal awards. Key changes include the mandatory disclosure of demographic information—such as race, ethnicity, veteran status, and sex—of the top officers of entities receiving federal funds. Additionally, it mandates the reporting of financial details of subcontracts and subgrants. The Office of Management and Budget (OMB) is given a deadline of 180 days post-enactment to update their corresponding website to reflect these new requirements. Furthermore, the Federal Acquisition Regulatory Council is tasked with considering public feedback on the proposed regulations and quickly issuing a final rule in compliance with the law.

Significant Issues

A significant issue arises from the requirement of disclosing demographic data of top officers, which might spark privacy concerns and debates about the relevance of such reporting for financial transparency. Questions loom regarding whether the inclusion of such sensitive information on a public website poses potential privacy risks and ethical dilemmas if it could lead to the identification of individuals.

Additionally, the absence of a specified timeframe for the Federal Acquisition Regulatory Council to finalize rules introduces a risk of delays in implementation, which could hinder the bill's intended impact. Likewise, the complex and intricate language of the bill may stall understanding among stakeholders lacking legal expertise, potentially causing confusion.

The bill also imposes extensive data tracking requirements that could burden organizations administratively. The 180-day timeframe for the OMB to update its website with the new requirements is deemed potentially too brief, risking rushed or incomplete implementation.

Impact on the Public

Broadly, the bill aims to enhance the transparency and accountability of federal spending, which could potentially empower the public and watchdog groups with more detailed insights into how government funds are allocated and spent. This level of transparency could foster a more informed citizenry and contribute to better oversight of public fund usage.

However, the requirement to publicly disclose sensitive demographic information raises serious privacy and ethical issues. Concerns arise over the protection of personal data, as the public sharing of such information may infringe upon the privacy rights of the officers involved.

Impact on Specific Stakeholders

For federal contractors and entities receiving subgrants, the bill's enhanced reporting requirements could lead to an increased administrative burden. Compliance with these additional regulations may incur unforeseen operational costs, which might challenge smaller organizations with fewer resources to adequately manage.

For regulatory bodies like the Federal Acquisition Regulatory Council and the Office of Management and Budget, the bill necessitates proactive engagement in updating systems and processes. However, the lack of a concrete timeline for rule finalization and ambiguous guidelines can complicate their accountability and responsiveness.

On the other hand, public interest groups and policymakers aiming for transparency in federal spending may view these provisions positively. Such detailed reporting could aid their efforts in scrutinizing federal expenditures and holding institutions accountable for their financial actions. Nonetheless, addressing the balance between transparency and privacy will remain a critical challenge moving forward.

Financial Assessment

The bill, S. 5507, aims to increase transparency in federal spending by expanding the reporting on subcontracts and subgrants, specifically through amendments to the Federal Funding Accountability and Transparency Act of 2006. In the context of financial references, the bill introduces several key elements related to the tracking and dissemination of financial data.

Financial Reporting Requirements

The bill requires the reporting of the dollar amount of each subcontract and subgrant awarded under a federal award. This particular financial reference is critical as it aims to enhance transparency regarding how federal funds are allocated beyond the initial prime award. By mandating this level of detail, the bill seeks to provide a more comprehensive view of federal spending.

Implications of Increased Data Tracking

Several issues may arise from these new data tracking requirements. First, while the transparency goal is commendable, the extensive data required may impose a significant administrative burden on recipients of federal funds. This could potentially raise operational costs for these entities, an issue referenced in the list of concerns. The added administrative work involved in gathering and reporting detailed subcontract and subgrant financial data might lead to higher expenses that some organizations might struggle to absorb without additional funding support.

Moreover, there is a requirement for the demographic information of highly paid officers, including race and ethnicity, which might also contribute to increased data management costs and privacy concerns, potentially leading to unintended consequences if not properly managed.

Timeline and Efficiency Concerns

Another financial-related concern is the 180-day deadline for the Office of Management and Budget (OMB) to update the federal reporting website to accommodate these new reporting requirements. While deadlines can prompt timely action, there is a risk that this specific timeframe may not be adequate for a thorough implementation. A rushed process could lead to incomplete or inaccurate financial data being reported, undermining the bill's intent to enhance transparency and accountability.

Additionally, while the bill directs the Federal Acquisition Regulatory Council to consider public input and finalize related rules, it does not specify a deadline for this process. This lack of urgency might delay the efficient rollout of necessary regulations, which could perpetuate existing gaps in financial reporting and transparency related to federal spending.

Conclusion

Overall, the newly introduced financial reporting requirements in S. 5507 have the potential to greatly improve transparency in federal spending by providing detailed insights into the flow of funds through subcontracts and subgrants. However, the attendant administrative and operational burdens on recipients, coupled with potential implementation delays, could pose significant challenges. These issues highlight the importance of balancing transparency with practical considerations in the management of federal financial data.

Issues

  • Section 2: The requirement to report demographic information (race, ethnicity, veteran status, and sex) of the 5 most highly compensated officers as part of the expanded reporting might raise significant privacy concerns and questions about the necessity and relevance of such data for financial transparency.

  • Section 2: The amendment to include demographic data on a public website poses potential risks related to personal privacy and data protection, as well as ethical concerns if this information could be used to identify specific individuals.

  • Section 3: The lack of a specified timeline for the Federal Acquisition Regulatory Council to issue a final rule may lead to significant delays in the implementation of the bill's provisions.

  • General: The language in the bill contains complex, multi-clause sentences, making it difficult for stakeholders without legal expertise to easily understand or interpret the requirements, which could lead to confusion and misinterpretation.

  • Section 2: The 180-day deadline for the Office of Management and Budget to update the website with the new requirements might be inadequate, which could lead to rushed or incomplete implementation, compromising the effectiveness of the bill.

  • Section 3: There are no clear guidelines or criteria for what constitutes 'appropriate and consistent with applicable law' for the Federal Acquisition Regulatory Council, leaving room for subjective interpretation that might hinder accountability.

  • Section 2: The extensive data tracking requirements might impose a significant administrative burden on organizations, potentially increasing operational costs and contributing to perceived wasteful government spending.

  • Section 3: The absence of detailed accountability or oversight mechanisms for the Council's actions in relation to the regulation revisions might result in inadequate stakeholder engagement and transparency.

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 states that the official name of the law is the "Increasing Transparency and Accountability in Federal Spending Act."

2. Expand reporting on subcontracts and subawards Read Opens in new tab

Summary AI

The section discusses amendments to the Federal Funding Accountability and Transparency Act of 2006 to expand reporting on subcontracts and subawards. It includes the requirement to disclose information about the race, ethnicity, veteran status, and sex of the top officers of entities receiving federal funds, as well as the dollar amounts of subcontracts and subgrants awarded. The Office of Management and Budget is required to update the corresponding website within 180 days.

Money References

  • (a) In general.—Section 2 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking “Not later than January 1, 2008, the” and inserting “The”; (ii) in subparagraph (F)(ii), by striking the period at the end and inserting a semicolon; (iii) by redesignating subparagraph (G) as subparagraph (H); and (iv) by inserting after subparagraph (F) the following: “(G) the race, ethnicity, veteran status, and sex of the 5 most highly compensated officers of the entity; and”; and (B) in paragraph (2)— (i) by striking “The website” and inserting the following: “(A) IN GENERAL.—Except as provided in subparagraph (B), the website”; and (ii) by adding at the end the following: “(B) PRIME AND SUBAWARD INFORMATION.—With respect to the information described in paragraph (1)(G), the website shall include data for each fiscal year beginning after the date of the enactment of this subparagraph.”; and (2) in subsection (g)(2)— (A) in subparagraph (B), by striking “; and” and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(D) the dollar amount of each subcontract and subgrant awarded under a Federal award with respect to which subsection (b)(1) applies by the recipient of such Federal award pursuant to a Federal law or regulation.”. (b) Website update deadline.—The Office of Management and Budget shall comply with the requirements under section 2(b)(1) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note), as amended by this section, not later than 180 days after the date of enactment of this Act.

3. Federal acquisition regulation revisions Read Opens in new tab

Summary AI

The section requires the Federal Acquisition Regulatory Council to review and consider public input on proposed regulations related to changes made by another section of the Act. If appropriate, they must quickly issue a final rule that aligns with the law.