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Home Source documents Public Law 117-40 — 135 Stat. 337 — Congressional Budget Justification Transparency Act of 2021 (Sept. 24, 2021)

Public Law 117-40 — 135 Stat. 337 — Congressional Budget Justification Transparency Act of 2021 (Sept. 24, 2021)

Summary

Public Law 117–40, the Congressional Budget Justification Transparency Act of 2021 (S. 272), was approved September 24, 2021 and printed at 135 Stat. 337. It rewrites section 3 of the Federal Funding Accountability and Transparency Act of 2006 so that updated information on agency funds, such as obligations and outlays by program activity, is posted not less frequently than quarterly, and monthly when practicable. Agency budget justification materials must be posted as an open Government data asset not later than 2 weeks after they are first submitted to Congress. The Director of the Office of Management and Budget must keep a public tabular list of agencies that submit budget justification materials and set data standards within 1 year, with a consistent web address such as agencyname.gov/budget. The Senate passed it June 24 and the House Aug. 23.

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Full text

                                                                                         PUBLIC LAW 117–40—SEPT. 24, 2021                                                 135 STAT. 337




                                                                      Public Law 117–40
                                                                      117th Congress
                                                                                                                   An Act
                                                                      To amend the Federal Funding Accountability and Transparency Act of 2006, to
                                                                                                                                                                             Sept. 24, 2021
                                                                        require the budget justifications and appropriation requests of agencies be made
                                                                        publicly available.                                                                                     [S. 272]

                                                                          Be it enacted by the Senate and House of Representatives of
                                                                      the United States of America in Congress assembled,                                                   Congressional
                                                                                                                                                                            Budget
                                                                      SECTION 1. SHORT TITLE.                                                                               Justification
                                                                                                                                                                            Transparency Act
                                                                           This Act may be cited as the ‘‘Congressional Budget Justifica-                                   of 2021.
                                                                      tion Transparency Act of 2021’’.                                                                      31 USC 6101
                                                                                                                                                                            note.
                                                                      SEC. 2. PUBLIC AVAILABILITY OF BUDGET JUSTIFICATIONS AND
                                                                              APPROPRIATION REQUESTS.
                                                                           (a) IN GENERAL.—Section 3 of the Federal Funding Account-
                                                                      ability 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) IN GENERAL.—Not less frequently than monthly when prac-                                    Time periods.
                                                                      ticable, and in any event not less frequently than quarterly, the                                     Consultation.
                                                                      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




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                                                                                       ‘‘(D) for each program activity, the amount—
                                                                                             ‘‘(i) obligated for each object class; and




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                                                                      135 STAT. 338                             PUBLIC LAW 117–40—SEPT. 24, 2021

                                                                                                                     ‘‘(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 mate-
                                                                                                               rials—
                                                                                                                            ‘‘(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 enact-
                                                                                                                     ment 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 para-
                                                                                                         graph 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).’’.
                                                                      Web postings.               (b) INFORMATION REGARDING AGENCY BUDGET JUSTIFICA-
                                                                                              TIONS.—Section 1105 of title 31, United States Code, is amended
                                                                                              by adding at the end the following:
                                                                      Update.                     ‘‘(i)(1) The Director of the Office of Management and Budget
                                                                      List.                   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




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                                                                                                  justification materials of the agency are first submitted to Con-
                                                                                                  gress;




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                                                                                         PUBLIC LAW 117–40—SEPT. 24, 2021                                                 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 justifica-
                                                                            tion 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) Not later than 1 year after the date of enactment of                                      Deadline.
                                                                      this subsection, the Director of the Office of Management and                                         Consultation.
                                                                                                                                                                            Standards.
                                                                      Budget, in consultation with the Secretary of the Treasury, shall                                     Guidelines.
                                                                      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, memo-
                                                                      rable, 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) In this subsection, the term ‘budget justification materials’                             Definition.
                                                                      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




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                                                                      135 STAT. 340                              PUBLIC LAW 117–40—SEPT. 24, 2021

                                                                                              Congressional Record by the Chairman of the Senate Budget Com-
                                                                                              mittee, provided that such statement has been submitted prior
                                                                                              to the vote on passage.

                                                                                                    Approved September 24, 2021.




                                                                                              LEGISLATIVE HISTORY—S. 272 (H.R. 22):
                                                                                              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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