The Tracking Receipts to Adversarial Countries for Knowledge of Spending Act (TRACKS Act)

The TRACKS Act is a bill that aims to track taxpayer dollars sent to adversarial countries and foreign entities of concern.

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'

SECTION 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 subsection (A) that is passed from a subrecipient to another subrecipient;
• ‘‘(C) does not include payments to a beneficiary of a Federal program.'

(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)); or
• ‘‘(II) a foreign entity of concern (as defined in section 7 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 agency or organization that received the prime award.

‘‘(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.'