[Congressional Record Volume 172, Number 128 (Wednesday, August 5, 2026)]
[Senate]
[Pages S4465-S4467]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Unanimous Consent Request--H.R. 2069
Ms. ERNST. Mr. President, during my 12 years in the Senate, I have
exposed many outlandish examples of government waste.
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For example, I uncovered that Washington sent nearly $500 million to
China to pay for everything from poetry projects to dangerous research
on bats.
Another $870 million of U.S. taxpayer money went to Russia. This
includes more than $770,000 from the National Institutes of Health sent
to a state-run lab in Russia to put cats on treadmills.
How did I uncover these crazy trails of money to our foreign
adversary? It is quite simple. For 20 years now, the Federal Funding
Accountability and Transparency Act has required unclassified
government spending to be put online in a searchable public website,
usspending.gov. This allows taxpayers to see for themselves how the
money they are sending to Washington is spent.
Bureaucrats, however, have been hiding tens of billions of dollars
distributed through secret spending arrangements known as other
transaction agreements, or OTAs, by not publicly disclosing these
expenditures on USAspending.gov. The Pentagon alone has obligated $77.7
billion for thousands of OTAs over just the past 5 years through over
30,000 hard-to-track contracts.
The lack of transparency with OTAs is having a real impact. According
to the Government Accountability Office, the Pentagon ``cannot assess
the extent to which OTAs are delivering capabilities to the
warfighter.'' The Office of the Inspector General also found the
Pentagon doesn't even have an accurate count of OTAs or their dollar
values.
OTAs are also being used by the Departments of Health and Human
Services, Homeland Security, Transportation, Energy, as well as NASA.
We recently learned that NIH's new ARPA-H biomedical research
contracts are being processed as OTAs through the Interior Department.
This means if you want to know the details behind NIH's biomedical
research contracts, you practically have to be a data wizard and know
where to look deep in the Department of--where did I say?--Department
of the Interior's databases. I know, it makes no sense. As we witnessed
last week, we can't get answers from Dr. Fauci about what NIH has been
funding because he is hiding behind the Fifth Amendment.
Taxpayers deserve to know how their dollars are being spent in
Washington, and we have an obligation here to show them.
In June, the Senate unanimously passed my bipartisan Stop Secret
Spending Act to require OTAs to be publicly disclosed on
USAspending.gov just like all other government spending.
I very much appreciate Senators Peters and Hassan, whose support was
critical for making this happen. I was also delighted last month when
the House approved the bipartisan companion bill introduced by
Representatives Moore and Panetta, which is now at the desk here in the
Senate. We all know Congress can't agree on very much these days, so it
makes a very powerful statement when folks on both sides of the aisle
and from both Chambers come together by passing this transparency bill
to hold Washington accountable for how Americans' tax dollars are being
spent. With fraudsters stealing $1.4 billion every single day, we need
this information now so we can account for who is taking tax dollars
and why they are taking them.
Earlier today, I attended the meeting of the Vice President's Task
Force to Eliminate Fraud at the White House, and the success of this
effort depends on being able to track how dollars are being spent.
Unfortunately, some Governors are impeding anti-fraud efforts by
blocking access to spending information about how tax dollars from
Washington are being spent in their own States.
We can't stop what we can't see, but we can do our part by passing
the Stop Secret Spending Act today. This bill will end the secrecy
about how tens of billions of dollars are being spent every single
year. There are no excuses for delaying sending this bill to the
President today to become law. In fact, the only reason to oppose the
Stop Secret Spending Act is if you have something to hide.
As if in legislative session and notwithstanding rule XXII, I ask
unanimous consent that the Senate proceed to the immediate
consideration of H.R. 2069, which was received from the House. I
further ask that the bill be considered read a third time and passed
and that the motion to reconsider be considered made and laid upon the
table.
The PRESIDING OFFICER. Is there an objection?
The Senator from Texas.
Mr. CRUZ. Reserving the right to object, I understand that my
colleague from Iowa is deeply interested in getting this legislation
passed, and I appreciate the diligence and effort she has devoted to
this legislation. This is a good bill. I support her bill. Indeed, I
voted for her bill, as did every other Member of this body.
But the Senate also has a great many other bills that we are working
on, that we have passed, and that have run into a roadblock in the
House of Representatives. The House of Representatives currently is
refusing to take up Senate-passed bills and, rather, is passing almost
exclusively House bills. This is an unreasonable position for the House
to take. Indeed, it is not a theoretical position; it is what the House
has done on this very bill.
On this bill, Senator Ernst introduced it, the Senate passed it
unanimously, it was sent to the House, and what did the House do? They
did not pass the Senate-passed bill; instead, they passed essentially
the identical bill but as a House measure. Now, mind you, that was not
because they had any substantive objections to Senator Ernst's bill
but, rather, it was because they were refusing to do their job as
another Chamber in this Congress.
Among the bills that the Senate has passed that are sitting,
languishing at the House right now is a bill that I have worked very
hard to pass called Trey's Law.
Trey's Law is named for Trey Carlock, a beloved citizen of Dallas who
tragically, as a young boy, was a victim of sexual assault at a summer
camp. Litigation ensued, and Trey ended up signing an NDA where he was
blocked by law from sharing the details of the horrific sexual abuse he
endured. That silence weighed on Trey powerfully, and he ultimately
took his own life at age 28.
Trey's Law is an initiative that has been championed by Trey's sister
Elizabeth. Numerous States, including my home State of Texas and
including, Mr. President, your home State of Missouri, have passed
Trey's Law.
In the Senate, I introduced Trey's Law as bipartisan legislation, and
the Senate passed it 100 to none, and it is sitting at the House
languishing--not because anyone objects to it but simply because the
House has decided not to process Senate bills.
So, as my friend Senator Ernst knows, I have placed a hold on House
bills until the House starts taking up and passing Senate bills. I have
been actively in negotiation with House leadership, and I am confident
this issue will get resolved. The House is going to take up and do
their job and pass Senate bills, and the Senate will likewise take up
and pass House bills. And I am confident in particular that Senator
Ernst will succeed in passing this bill into law this year--with my
enthusiastic support.
But often in Congress, the only way to get a change of action is to
exercise leverage. That is what I am doing now to get the House to take
up and pass important bills, so therefore, at this time at least, I
object.
The PRESIDING OFFICER. The objection is heard.
The Senator from Iowa.
Ms. ERNST. I can appreciate the dilemma that many of us are in as we
debate these very important bills, and they are very important bills.
So what I have in front of me here at my desk is a list of 59 House
bills that have been passed this Congress. They are H.R. bills. They
are H.J. Res. 140; H.R. 7147--59 House bills that have already passed
through the Senate in this Congress.
Now, I understand that we all have ways that we have to use leverage.
I completely understand that. As a matter of fact, the bill that I had
passed through this Chamber, you know, I would love to have it as an S.
bill, a Senate bill, and I would love to see my name at the top of the
bill rather than a House bill.
The companion bill was passed by the House. So, again, I would love
to see my name at the top of the bill and it listed as a Senate bill.
[[Page S4467]]
I discussed it with my staff. I am in the last 6 months of my final
term in the U.S. Senate. I would love to have more of my legacy items
with my name on them, but I told my staff that it is more important
that we get these bills done. I don't care if it is a House bill. I
don't care if this has my name all over it. The important thing is that
when we have good pieces of legislation put in front of us and that we
worked hard in a bipartisan manner, in a bicameral manner, and it is
good for the American people, that we move forward with those bills.
So I am disappointed today that my piece of legislation under the
title of a House bill will not be moving, and I know that many of our
constituencies will be greatly disappointed.
I do hope in the future that, between the Senate Republican
leadership and the House Republican leadership, we can come together on
these issues because it is not good for the American people when we
have this infighting on good, solid pieces of legislation. We can do
better.
The PRESIDING OFFICER. The Senator from Hawaii.