II 119THCONGRESS 1 STSESSION S. 1434 To track taxpayer dollars sent to adversarial countries and foreign entities of concern, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL10, 2025 Ms. E RNSTintroduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL 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 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 SEC. 2. FOREIGN SUBAWARDS. 7 Section 2 of the Federal Funding Accountability and 8 Transparency Act of 2006 (31 U.S.C. 6101 note; Public 9 Law 109–282) is amended— 10 VerDate Sep 11 2014 09:24 Apr 29, 2025 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1434.IS S1434 mprince on LAP1J3WLY3PROD with $$_JOB 2 •S 1434 IS (1) in subsection (a), by adding at the end the 1 following: 2 ‘‘(9) S UBAWARD.—The term ‘subaward’— 3 ‘‘(A) means an award, including a grant, 4 contract, cooperative agreement, other trans-5 action agreement, or other financial trans-6 action, provided by a pass-through entity to a 7 subrecipient for the subrecipient to carry out 8 part of a Federal award received by the pass- 9 through entity; 10 ‘‘(B) includes an award described in sub-11 paragraph (A) that is passed from a sub-12 recipient to another subrecipient; and 13 ‘‘(C) does not include payments to a bene-14 ficiary of a Federal program.’’; and 15 (2) in subsection (d), by adding at the end the 16 following: 17 ‘‘(3) R EPORTING OF FOREIGN SUBAWARDS .— 18 ‘‘(A) D EFINITIONS.—In this paragraph: 19 ‘‘(i) C OVERED SUBAWARD .—The term 20 ‘covered subaward’— 21 ‘‘(I) means a subaward awarded 22 to— 23 ‘‘(aa) an entity located in a 24 foreign country of concern (as 25 VerDate Sep 11 2014 09:24 Apr 29, 2025 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1434.IS S1434 mprince on LAP1J3WLY3PROD with $$_JOB 3 •S 1434 IS defined in section 9901 of the 1 William M. (Mac) Thornberry 2 National Defense Authorization 3 Act for Fiscal Year 2021 (15 4 U.S.C. 4651)); or 5 ‘‘(bb) a foreign entity of 6 concern (as defined in section 7 9901 of the William M. (Mac) 8 Thornberry National Defense Au-9 thorization Act for Fiscal Year 10 2021 (15 U.S.C. 4651)); and 11 ‘‘(II) includes a subaward de-12 scribed in subclause (I) of any 13 amount. 14 ‘‘(ii) P RIME AWARD RECIPIENT .—The 15 term ‘prime award recipient’, with respect 16 to a covered subaward, means the entity 17 that directly receives the Federal award 18 from which the covered subaward origi-19 nates. 20 ‘‘(B) R EPORTING.—The recipient of a cov-21 ered subaward shall disclose data with respect 22 to the covered subaward in the same manner as 23 subawards are disclosed in accordance with 24 paragraph (2). 25 VerDate Sep 11 2014 09:24 Apr 29, 2025 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1434.IS S1434 mprince on LAP1J3WLY3PROD with $$_JOB 4 •S 1434 IS ‘‘(C) GUIDANCE.—Not later than 90 days 1 after the date of enactment of the Tracking Re-2 ceipts to Adversarial Countries for Knowledge 3 of Spending Act, the Director shall issue guid-4 ance that establishes consistency for complying 5 with this paragraph for agencies, prime award 6 recipients, and covered subaward recipients, in-7 cluding establishing standards for disclosed 8 data.’’. 9 Æ VerDate Sep 11 2014 09:24 Apr 29, 2025 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1434.IS S1434 mprince on LAP1J3WLY3PROD with $$_JOB