109th CONGRESS
2d Session
S. 2718
To require full disclosure by entities receiving Federal funds,
and for other purposes.
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 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'.
SEC. 2. DEFINITIONS.
(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.
SEC. 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;
(i) primary office and any additional offices;
(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
(i) primary office and any additional offices;
(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.
(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.
END
