April 10, 2025
Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
To track taxpayer dollars sent to adversarial countries and foreign entities of concern, 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, including a grant, contract, cooperative agreement, other transaction agreement, or other financial transaction, 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—
(aa)
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)); or
(bb)
a foreign entity 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.