S. 2718

WATCHDOGS Act

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II

109th CONGRESS

2d Session

S. 2718

IN THE SENATE OF THE UNITED STATES

May 4, 2006

Mr. Ensign introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To require full disclosure by entities receiving Federal funds, and for other purposes.

1.

Short title

This Act may be cited as the Website for American Taxpayers to Check and Help Deter Out-of-control Government Spending Act or WATCHDOGS Act.

2.

Definitions

In this Act:

(1)

Agency

The term agency means an Executive agency as defined under section 105 of title 5, United States Code.

(2)

Contractor entity

The term contractor entity means any entity that receives Federal funds as a general contractor or subcontractor at any tier in connection with a Federal contract.

(3)

Covered entity

The term covered entity means any entity that receives Federal funds—

(A)

through a grant or loan, except—

(i)

a grant or loan under entitlement authority; or

(ii)

a loan designated by the Office of Management and Budget under section 2(a)(3); or

(B)

under a statutory provision that directly references the entity receiving Federal funds, including any appropriations Act (or related committee or conference report) that specifically identifies the entity.

(4)

Entitlement authority

The term entitlement authority has the meaning given under section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622).

(5)

Entity

The term entity—

(A)

includes any State or local government; and

(B)

shall not include the Federal Government.

3.

Disclosure by entities

(a)

Office of management and budget

The Office of Management and Budget—

(1)

shall issue a Federal funds application number to each covered entity or contractor entity that applies for such number, except that if more than 1 covered entity or contractor entity share a single tax identification number, only 1 Federal funds application number shall be issued for those covered entities or contractor entities;

(2)

shall develop and establish an updated searchable database website accessible to the public of the information on—

(A)

each covered entity required to be submitted under subsection (b)(3), including links to other websites described under subsection (b)(3); and

(B)

each contractor entity required to be submitted under subsection (c)(3);

(3)

may promulgate regulations to designate loan programs which are not covered by this Act if—

(A)

the Federal funds under that program are received only by individuals; and

(B)

the agency administering the program exercises minimal discretion in determining recipients other than the application of specific criteria of eligibility; and

(4)

after consultation with agencies, promulgate regulations to provide exemptions for disclosures of information, covered entities, and contractor entities in the interest of national defense or national security.

(b)

Requirements for covered entities

Each covered entity shall—

(1)

apply to the Office of Management and Budget for a Federal funds application number;

(2)

use the Federal funds application number in any application or other document relating to the receipt of Federal funds; and

(3)

not later than 45 days before the end of each fiscal year, file a report with the Office of Management and Budget that includes—

(A)

the dollar amount, of any Federal funds received by the entity in the previous 5 years and the identification of such amounts in each year, including an identification of the source of funds from programs based on the Catalogue of Federal Assistance, if applicable;

(B)

the entity's—

(i)

primary office and any additional offices;

(ii)

the tax status; and

(iii)

tax identification number;

(C)

the full name, address, and social security numbers of each officer and director of the entity;

(D)

an overall annual financial disclosure statement for the previous year (with specific amounts for total lobbying expenses, travel expenses, rent, salaries, and decorating expenses);

(E)

the full name, address, and social security number of each employee making more than $50,000 each year in gross income;

(F)

any links to the website of the covered entity providing additional information on that covered entity; and

(G)

any other relevant information the Office of Management and Budget may require.

(c)

Requirements for contractor entities

Each contractor entity shall—

(1)

apply to the Office of Management and Budget for a Federal funds application number;

(2)

use the Federal funds application number in any application or other document relating to the receipt of Federal funds; and

(3)

not later than 45 days before the end of each fiscal year, file a report with the Office of Management and Budget that includes—

(A)

the dollar amount, of any Federal funds received by the entity in the previous 5 years and the identification of such amounts in each year, including an identification of the source of funds from programs based on the Catalogue of Federal Assistance, if applicable; and

(B)

the entity's—

(i)

primary office and any additional offices;

(ii)

the tax status; and

(iii)

tax identification number.

(d)

Federal agencies

Each agency shall—

(1)

use the Federal funds application number with respect to any document relating to a covered entity or contractor entity receiving Federal funds, including applications, correspondence, contracts, memoranda, proposals, agreements, and receipts; and

(2)

make such information relating to covered entities or contractor entities and such documents available to the Office of Management and Budget as the Office may require.

(e)

Application of certain Federal laws to covered entities and contractor entities

(1)

In general

Notwithstanding any other provision of law, the provisions of law described under paragraph (2) shall apply to a covered entity or contractor entity to the greatest extent practicable as though that covered entity or contractor entity is a Federal agency, if 10 percent of the business expenditures or annual budget of a covered entity or contractor entity is derived by or from Federal funds.

(2)

Applicable laws

The provisions of law referred to under paragraph (1) are—

(A)

section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act); and

(B)

subchapter I of chapter 57 of title 5, United States Code (relating to travel and subsistence expenses and mileage allowances).

(f)

Regulations

The Office of Management and Budget shall promulgate regulations to carry out this Act.

(g)

Effective dates

(1)

In general

This Act shall take effect on January 1, 2007.

(2)

Regulations

Subsection (f) shall take effect on the date of enactment of this Act.