TRACKS Act

I 118TH CONGRESS 1ST SESSION H. R. 3766 To amend the Federal Funding Accountability and Transparency Act of 2006 to require recipients of Federal awards to collect and report data relating to subawards granted to entities outside of the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 31, 2023 Mr. GALLAGHER introduced the following bill; which was referred to the Committee on Oversight and Accountability A BILL To amend the Federal Funding Accountability and Trans- parency Act of 2006 to require recipients of Federal awards to collect and report data relating to subawards granted to entities outside of the United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Tracking Receipts to 4 Adversarial Countries for Knowledge of Spending Act’’ or 5 the ‘‘TRACKS Act’’. 6 VerDate Sep 11 2014 01:02 Jun 17, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3766.IH H3766 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3766 IH SEC. 2. FOREIGN SUBAWARDS. 1 Section 2 of the Federal Funding Accountability and 2 Transparency Act of 2006 (31 U.S.C. 6101 note; Public 3 Law 109–282) is amended— 4 (1) in subsection (a), by adding at the end the 5 following: 6 ‘‘(9) SUBAWARD.—The term ‘subaward’— 7 ‘‘(A) means an award provided by a pass- 8 through entity to a subrecipient for the sub- 9 recipient to carry out part of a Federal award 10 received by the pass-through entity; 11 ‘‘(B) includes an award described in sub- 12 paragraph (A) that is passed from a sub- 13 recipient to another subrecipient; and 14 ‘‘(C) does not include payments to a bene- 15 ficiary of a Federal program.’’; and 16 (2) in subsection (d), by adding at the end the 17 following: 18 ‘‘(3) REPORTING OF FOREIGN SUBAWARDS.— 19 ‘‘(A) DEFINITIONS.—In this paragraph: 20 ‘‘(i) COVERED SUBAWARD.—The term 21 ‘covered subaward’— 22 ‘‘(I) means a subaward awarded 23 to an entity located in a foreign coun- 24 try of concern (as defined in section 25 9901 of the William M. (Mac) Thorn- 26 VerDate Sep 11 2014 01:02 Jun 17, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3766.IH H3766 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3766 IH berry National Defense Authorization 1 Act for Fiscal Year 2021 (15 U.S.C. 2 4651)); and 3 ‘‘(II) includes a subaward de- 4 scribed in subclause (I) of any 5 amount. 6 ‘‘(ii) PRIME AWARD RECIPIENT.—The 7 term ‘prime award recipient’, with respect 8 to a covered subaward, means the entity 9 that directly receives the Federal award 10 from which the covered subaward origi- 11 nates. 12 ‘‘(B) REPORTING.—The recipient of a cov- 13 ered subaward shall disclose data with respect 14 to the covered subaward in the same manner as 15 subawards are disclosed in accordance with 16 paragraph (2). 17 ‘‘(C) GUIDANCE.—Not later than 90 days 18 after the date of enactment of the Tracking Re- 19 ceipts to Adversarial Countries for Knowledge 20 of Spending Act, the Director shall issue guid- 21 ance that establishes consistency for complying 22 with this paragraph for agencies, prime award 23 recipients, and covered subaward recipients, in- 24 VerDate Sep 11 2014 01:02 Jun 17, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3766.IH H3766 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3766 IH cluding establishing standards for disclosed 1 data.’’. 2 Æ VerDate Sep 11 2014 01:02 Jun 17, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3766.IH H3766 kjohnson on DSK79L0C42PROD with BILLS