TRACKS Act

Tracking Receipts to Adversarial Countries for Knowledge of Spending Act or the TRACKS Act

This bill requires recipients of federal awards to collect and report data relating to subawards granted to entities located in a foreign country of concern.

The Office of Management and Budget must issue guidance that establishes consistency for complying with this bill's requirements for agencies, prime award recipients, and covered subaward recipients, including establishing standards for disclosed data.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3766 Introduced in House (IH)]

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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 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.

    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 ``Tracking Receipts to Adversarial 
Countries for Knowledge of Spending Act'' or the ``TRACKS Act''.

SEC. 2. FOREIGN SUBAWARDS.

    Section 2 of the Federal Funding Accountability and Transparency 
Act of 2006 (31 U.S.C. 6101 note; Public Law 109-282) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(9) Subaward.--The term `subaward'--
                    ``(A) means an award provided by a pass-through 
                entity to a subrecipient for the subrecipient to carry 
                out part of a Federal award received by the pass-
                through entity;
                    ``(B) includes an award described in subparagraph 
                (A) that is passed from a subrecipient to another 
                subrecipient; and
                    ``(C) does not include payments to a beneficiary of 
                a Federal program.''; and
            (2) in subsection (d), by adding at the end the following:
            ``(3) Reporting of foreign subawards.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Covered subaward.--The term `covered 
                        subaward'--
                                    ``(I) means a subaward awarded to 
                                an entity located in a foreign country 
                                of concern (as defined in section 9901 
                                of the William M. (Mac) Thornberry 
                                National Defense Authorization Act for 
                                Fiscal Year 2021 (15 U.S.C. 4651)); and
                                    ``(II) includes a subaward 
                                described in subclause (I) of any 
                                amount.
                            ``(ii) Prime award recipient.--The term 
                        `prime award recipient', with respect to a 
                        covered subaward, means the entity that 
                        directly receives the Federal award from which 
                        the covered subaward originates.
                    ``(B) Reporting.--The recipient of a covered 
                subaward shall disclose data with respect to the 
                covered subaward in the same manner as subawards are 
                disclosed in accordance with paragraph (2).
                    ``(C) Guidance.--Not later than 90 days after the 
                date of enactment of the Tracking Receipts to 
                Adversarial Countries for Knowledge of Spending Act, 
                the Director shall issue guidance that establishes 
                consistency for complying with this paragraph for 
                agencies, prime award recipients, and covered subaward 
                recipients, including establishing standards for 
                disclosed data.''.
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