[117th Congress Public Law 40]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 337]]
Public Law 117-40
117th Congress
An Act
To amend the Federal Funding Accountability and Transparency Act of
2006, to require the budget justifications and appropriation requests of
agencies be made publicly available. <<NOTE: Sept. 24, 2021 - [S.
272]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Congressional
Budget Justification Transparency Act of 2021.>>
SECTION 1. <<NOTE: 31 USC 6101 note.>> SHORT TITLE.
This Act may be cited as the ``Congressional Budget Justification
Transparency Act of 2021''.
SEC. 2. PUBLIC AVAILABILITY OF BUDGET JUSTIFICATIONS AND
APPROPRIATION REQUESTS.
(a) In General.--Section 3 of the Federal Funding Accountability and
Transparency Act of 2006 (31 U.S.C. 6101 note) is amended to read as
follows:
``SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS.
``(a) <<NOTE: Time periods. Consultation.>> In General.--Not less
frequently than monthly when practicable, and in any event not less
frequently than quarterly, the Secretary (in consultation with the
Director and, with respect to information described in subsection
(b)(2), the head of the applicable Federal agency) shall ensure that
updated information with respect to the information described in
subsection (b) is posted on the website established under section 2.
``(b) Information To Be Posted.--
``(1) Funds.--For any funds made available to or expended by
a Federal agency or component of a Federal agency, the
information to be posted shall include--
``(A) for each appropriations account, including an
expired or unexpired appropriations account, the
amount--
``(i) of budget authority appropriated;
``(ii) that is obligated;
``(iii) of unobligated balances; and
``(iv) of any other budgetary resources;
``(B) from which accounts and in what amount--
``(i) appropriations are obligated for each
program activity; and
``(ii) outlays are made for each program
activity;
``(C) from which accounts and in what amount--
``(i) appropriations are obligated for each
object class; and
``(ii) outlays are made for each object class;
and
``(D) for each program activity, the amount--
``(i) obligated for each object class; and
[[Page 135 STAT. 338]]
``(ii) of outlays made for each object class.
``(2) Budget justifications.--
``(A) Definitions.--In this paragraph--
``(i) the term `budget justification
materials' means the annual budget justification
materials of a Federal agency, or a component of a
Federal agency, that are submitted, in conjunction
with the budget of the United States Government
submitted under section 1105(a) of title 31,
United States Code; and
``(ii) the term `open Government data asset'
has the meaning given that term in section 3502 of
title 44, United States Code.
``(B) Information.--The information to be posted--
``(i) shall include any budget justification
materials--
``(I) for the second fiscal year
beginning after the date of enactment of
this paragraph, and each fiscal year
thereafter; and
``(II) to the extent practicable,
that were released for any fiscal year
before the date of enactment of this
paragraph; and
``(ii) shall not include budget justification
materials the disclosure of which is prohibited by
law, that are classified, or that are exempt from
disclosure under section 552(b) of title 5, United
States Code.
``(C) Format.--Budget justification materials shall
be posted under subparagraph (B)--
``(i) as an open Government data asset;
``(ii) in a manner that enables users to
download individual reports, download all reports
in bulk, and download in bulk the results of a
search, to the extent practicable; and
``(iii) in a structured data format, to the
extent practicable.
``(D) Deadline.--The budget justification materials
required to be posted under subparagraph (B)(i) shall be
posted not later than 2 weeks after the date on which
the budget justification materials are first submitted
to Congress.
``(E) Rule of construction.--Nothing in this
paragraph shall be construed to authorize a Federal
agency, or a component of a Federal agency, to destroy
any budget justification materials relating to a fiscal
year before the fiscal year described in subparagraph
(B)(i).''.
(b) <<NOTE: Web postings.>> Information Regarding Agency Budget
Justifications.--Section 1105 of title 31, United States Code, is
amended by adding at the end the following:
``(i)(1) <<NOTE: Update. List.>> The Director of the Office of
Management and Budget shall make publicly available on a website, and
continuously update, a tabular list for each fiscal year of each agency
that submits budget justification materials, which shall include--
``(A) the name of the agency;
``(B) a unique identifier that identifies the agency;
``(C) to the extent practicable, the date on which the
budget justification materials of the agency are first submitted
to Congress;
[[Page 135 STAT. 339]]
``(D) the date on which the budget justification materials
of the agency are posted online under section 3 of the Federal
Funding Accountability and Transparency Act of 2006 (31 U.S.C.
6101 note);
``(E) the uniform resource locator where the budget
justification materials are published on the website of the
agency; and
``(F) a single data set that contains the information
described in subparagraphs (A) through (E) with respect to the
agency for all fiscal years for which budget justifications of
the agency are made available under section 3 of the Federal
Funding Accountability and Transparency Act of 2006 (31 U.S.C.
6101 note) in a structured data format.
``(2)(A) Each agency that submits budget justification materials
shall make the materials available on the website of the agency, in
accordance with the policies established by the Director of the Office
of Management and Budget under subparagraph (B).
``(B) <<NOTE: Deadline. Consultation. Standards. Guidelines.>> Not
later than 1 year after the date of enactment of this subsection, the
Director of the Office of Management and Budget, in consultation with
the Secretary of the Treasury, shall establish policies and data
standards for agencies relating to making available materials under
subparagraph (A), which shall include guidelines for making budget
justification materials available in a format aligned with the
requirements of section 3(b)(2)(C) of the Federal Funding Accountability
and Transparency Act of 2006 (31 U.S.C. 6101 note) and using a uniform
resource locator that is in a consistent format across agencies and is
descriptive, memorable, and pronounceable, such as the format of
`agencyname.gov/budget'.
``(C) If the Director of the Office of Management and Budget
maintains a public website that contains the budget of the United States
Government submitted under subsection (a) and any related materials,
such website shall also contain a link to the tabular list required
under paragraph (1).
``(3) <<NOTE: Definition.>> In this subsection, the term `budget
justification materials' has the meaning given that term in section
3(b)(2) of the Federal Funding Accountability and Transparency Act of
2006 (31 U.S.C. 6101 note).''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the
[[Page 135 STAT. 339]]
Congressional Record by the Chairman of the Senate Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Approved September 24, 2021.
LEGISLATIVE HISTORY--S. 272 (H.R. 22):
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SENATE REPORTS: No. 117-23 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 167 (2021):
June 24, considered and passed Senate.
July 26, Aug. 23, considered and passed House.
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