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S. 2590 (109th): Federal Funding Accountability and Transparency Act of 2006

The text of the bill below is as of Aug 2, 2006 (Reported by Senate Committee).

Source: GPO

II

Calendar No. 576

109th CONGRESS

2d Session

S. 2590

IN THE SENATE OF THE UNITED STATES

April 6, 2006

(for himself, Mr. Obama, Mr. Carper, Mr. McCain, Mr. Santorum, Mr. DeMint, Mr. Sununu, Mr. Isakson, Mr. Allen, Mr. Cornyn, Mrs. Clinton, Mr. Bayh, Mr. Frist, Ms. Collins, Mr. Lieberman, Mr. Kerry, Mr. Alexander, Mr. Coleman, Mr. Reid, Mr. Durbin, Mr. Thune, Mr. Sessions, Mr. Voinovich, Mrs. Boxer, Mr. McConnell, Mr. DeWine, Ms. Landrieu, Mr. Vitter, and Mr. Chambliss) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

August 2, 2006

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To require full disclosure of all entities and organizations receiving Federal funds.

1.

Short title

This Act may be cited as the Federal Funding Accountability and Transparency Act of 2006.

2.

Full disclosure of entities receiving Federal funding

(a)

In general

(1)

Website

Effective beginning January 1, 2007 and subject to paragraphs (2) and (3), the Office of Management and Budget shall ensure the existence and operation of a single updated searchable database website accessible by the public at no cost that includes for each entity receiving Federal funding—

(A)

the name of the entity;

(B)

the amount of any Federal funds that the entity has received in each of the last 10 fiscal years;

(C)

an itemized breakdown of each transaction, including funding agency, program source, and a description of the purpose of each funding action;

(D)

the location of the entity and primary location of performance, including the city, State, congressional district, and country;

(E)

a unique identifier for each such entity and parent entity, should the entity be owned by another entity; and

(F)

any other relevant information.

(2)

Initial data

Effective January 1, 2007, the website shall include data for fiscal years 2006 and 2007.

(3)

Previous fiscal years

Not later than January 1, 2009, information required by this section shall be posted on the website for fiscal years 1999 through 2005.

(b)

Definitions

In this section:

(1)

Entity

The term entity

(A)

includes—

(i)

a corporation;

(ii)

an association;

(iii)

a partnership;

(iv)

a limited liability company;

(v)

a limited liability partnership;

(vi)

any other legal business entity;

(vii)

grantees, contractors, and, on and after October 1, 2007, subgrantees and subcontractors; and

(viii)

any State or locality; and

(B)

does not include—

(i)

an individual recipient of Federal assistance;

(ii)

a Federal employee; or

(iii)

a grant or contract of a nature that could be reasonably expected to cause damage to national security.

(2)

Federal funding

The term federal funding

(A)

means Federal financial assistance and expenditures that include grants, contracts, subgrants, subcontracts, loans, awards and other forms of financial assistance; and

(B)

does not include credit card transactions or minor purchases.

(3)

Searchable database website

The term searchable database website means a website that allows the public to—

(A)

search Federal funding by name of entity, parent entity, or type of industry, geography, including location of the entity and the primary location of the performance, amounts and types of federal funding, program sources, type of activity being performed, time factors such as fiscal years or multiple fiscal years, and other relevant information; and

(B)

download data included in subparagraph (A) including outcomes from searches.

(c)

Website

The database website established by this section—

(1)

shall not be considered in compliance if it links to FPDS, Grants.gov or other existing websites and databases, unless each of those sites has information from all agencies and each category of information required to be itemized can be searched electronically by field in a single search;

(2)

shall provide an opportunity for the public to provide input about the utility of the site and recommendations for improvements; and

(3)

shall be updated not later than 30 days after the award of any assistance requiring a posting.

(d)

Agency responsibilities

The Director of OMB shall provide guidance to agency heads to ensure compliance with this section.

(e)

Report

The Director of OMB shall annually report to the Senate Committee on Homeland Security and Government Affairs and the House Committee on Government Reform on implementation of the website that shall include data about the usage and public feedback on the utility of the site, including recommendations for improvements. The annual report shall be made publicly available on the website.

1.

Short title

This Act may be cited as the Federal Funding Accountability and Transparency Act of 2006.

2.

Full disclosure of entities receiving Federal funding

(a)

Definitions

In this section:

(1)

Entity

The term entity

(A)

includes, whether for profit or nonprofit—

(i)

a corporation;

(ii)

an association;

(iii)

a partnership;

(iv)

a limited liability company;

(v)

a limited liability partnership;

(vi)

a sole proprietorship;

(vii)

any other legal business entity;

(viii)

any other grantee or contractor that is not excluded by subparagraph (B) or (C); and

(ix)

any State or locality;

(B)

on and after January 1, 2009, includes any subcontractor or subgrantee; and

(C)

does not include—

(i)

an individual recipient of Federal assistance; or

(ii)

a Federal employee.

(2)

Federal award

The term Federal award

(A)

means Federal financial assistance and expenditures that include grants, contracts, subgrants, subcontracts, loans, awards, cooperative agreements, purchase orders, task orders, delivery orders, and other forms of financial assistance;

(B)

does not include individual transactions below $25,000; and

(C)

before October 1, 2008, does not include credit card transactions.

(3)

Searchable website

The term searchable website means a website that allows the public to—

(A)

search Federal funding by any element required by subsection (b)(1);

(B)

ascertain through a single search the total amount of Federal funding awarded to an entity, by fiscal year; and

(C)

download data included in subparagraph (A) included in the outcome from searches.

(b)

In general

(1)

Website

Not later than January 1, 2008, the Office of Management and Budget shall, in accordance with this section and section 204 of the E-Government Act of 2002 (Public Law 107–347; 44 U.S.C. 3501 note), ensure the existence and operation of a single searchable website, accessible by the public at no cost to access, that includes for each Federal award—

(A)

the name of the entity receiving the award;

(B)

the amount of the award;

(C)

information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source, and an award title descriptive of the purpose of each funding action;

(D)

the location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country;

(E)

a unique identifier of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity; and

(F)

any other relevant information specified by the Office of Management and Budget.

(2)

Scope of data

The website shall include data for fiscal year 2007, and each fiscal year thereafter.

(3)

Designation of agencies

The Director of the Office of Management and Budget is authorized to designate one or more Federal agencies to participate in the development, establishment, operation, and support of the single website. In the initial designation, or in subsequent instructions and guidance, the Director may specify the scope of the responsibilities of each such agency.

(4)

Agency responsibilities

Federal agencies shall comply with the instructions and guidance issued by the Director of the Office of Management and Budget under paragraph (3), and shall provide appropriate assistance to the Director upon request, so as to assist the Director in ensuring the existence and operation of the single website.

(c)

Website

The website established under this section—

(1)

may use as the source of its data the Federal Procurement Data System, Federal Assistance Award Data System, and Grants.gov, if all of these data sources are searchable through the website and can be accessed in a single search;

(2)

shall not be considered in compliance if it hyperlinks to the Federal Procurement Data System website, Federal Assistance Award Data System website, Grants.gov website, or other existing websites, so that the information elements required in subsection (b)(1) cannot be searched electronically by field in a single search;

(3)

shall provide an opportunity for the public to provide input about the utility of the site and recommendations for improvements; and

(4)

shall be updated not later than 30 days after the award of any Federal award requiring a posting.

(d)

Subaward data

(1)

Pilot program

(A)

In general

Not later than July 1, 2007, the Director of the Office of Management and Budget shall commence a pilot program to—

(i)

test the collection and accession of data about subgrants and subcontracts; and

(ii)

determine how to implement a subaward reporting program across the Federal Government, including—

(I)

a reporting system under which the entity issuing a subgrant or subcontract is responsible for fulfilling the subaward reporting requirement; and

(II)

a mechanism for collecting and incorporating agency and public feedback on the design and utility of the website.

(B)

Termination

The pilot program under subparagraph (A) shall terminate not later than January 1, 2009.

(2)

Reporting of subawards

(A)

In general

Based on the pilot program conducted under paragraph (1), and, except as provided in subparagraph (B), not later than January 1, 2009, the Director of the Office of Management and Budget—

(i)

shall ensure that data regarding subawards are disclosed in the same manner as data regarding other Federal awards, as required by this Act; and

(ii)

shall ensure that the method for collecting and distributing data about subawards under clause (i)—

(I)

minimizes burdens imposed on Federal award recipients and subaward recipients;

(II)

allows Federal award recipients and subaward recipients to allocate reasonable costs for the collection and reporting of subaward data as indirect costs; and

(III)

establishes cost-effective requirements for collecting subaward data under block grants, formula grants, and other types of assistance to State and local governments.

(B)

Extension of deadline

For subaward recipients that receive Federal funds through State, local, or tribal governments, the Director of the Office of Management and Budget may extend the deadline for ensuring that data regarding such subawards are disclosed in the same manner as data regarding other Federal awards for a period not to exceed 18 months, if the Director determines that compliance would impose an undue burden on the subaward recipient.

(e)

Exception

Any entity that demonstrates to the Director of the Office of Management and Budget that the gross income, from all sources, for such entity did not exceed $300,000 in the previous tax year of such entity shall be exempt from the requirement to report subawards under subsection (d), until the Director determines that the imposition of such reporting requirements will not cause an undue burden on such entities.

(f)

Construction

Nothing in this Act shall prohibit the Office of Management and Budget from including through the website established under this section access to data that is publicly available in any other Federal database.

(g)

Report

(1)

In general

The Director of the Office of Management and Budget shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives an annual report regarding the implementation of the website established under this section.

(2)

Contents

Each report submitted under paragraph (1) shall include—

(A)

data regarding the usage and public feedback on the utility of the site (including recommendations for improving data quality and collection);

(B)

an assessment of the reporting burden placed on Federal award and subaward recipients; and

(C)

an explanation of any extension of the subaward reporting deadline under subsection (d)(2)(B), if applicable.

(3)

Publication

The Director of the Office of Management and Budget shall make each report submitted under paragraph (1) publicly available on the website established under this section.

3.

Classified information

Nothing in this Act shall require the disclosure of classified information.

August 2, 2006

Reported with an amendment