Text of H.R. 2146 (112th): DATA Act (Passed the House version)

112th CONGRESS

2d Session

H. R. 2146

IN THE HOUSE OF REPRESENTATIVES

AN ACT

To amend title 31, United States Code, to require accountability and transparency in Federal spending, and for other purposes.

This Act may be cited as the Digital Accountability and Transparency Act of 2012 or the DATA Act.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

Title I—Accountability and Transparency in Federal Spending

Sec. 101. General requirements for accountability and transparency in Federal spending.

Sec. 102. Data standardization for accountability and transparency in Federal spending.

Sec. 103. Amendments to the Federal Funding Accountability and Transparency Act of 2006.

Sec. 104. Effective date and deadlines for accountability and transparency in Federal spending.

Title II—Federal Accountability and Spending Transparency Commission

Sec. 201. Federal Accountability and Spending Transparency Commission.

Sec. 202. Conforming amendment relating to compensation of Chairman.

Sec. 203. Conforming amendments related to Recovery Accountability and Transparency Board.

Title III—Additional Provisions

Sec. 301. Classified information.

Sec. 302. Paperwork Reduction Act exemption.

Sec. 303. Matching program exception for inspectors general.

Sec. 304. Transfer of Consolidated Federal Funds Report.

Sec. 305. Transfer of authority over Catalog of Federal Domestic Assistance to Commission.

Sec. 306. Government Accountability Office Improvement.

Sec. 307. Amendments to the Inspector General Act of 1978 and the Inspector General Reform Act of 2008.

Sec. 308. Limits and transparency for travel and conference spending.

Sec. 309. Effective date.

In this Act:

(1)

The term Commission means the Federal Accountability and Spending Transparency Commission established under subchapter III of chapter 36 of title 31, United States Code, as added by this Act.

(2)

The term Executive agency has the meaning provided by section 105 of title 5, United States Code, except the term does not include the Government Accountability Office.

101.

(a)

Subtitle III of title 31, United States Code, is amended by inserting after chapter 35 the following new chapter:

Subchapter I—Reporting Requirements

3601. Definitions.

3602. Recipient reporting requirement.

3603. Agency reporting requirement.

3604. Treasury reporting requirement.

3605. Exemptions from recipient reporting requirement.

Subchapter II—Data Standardization

3611. Data standardization for reporting information.

3612. Full disclosure of information.

3613. Federal accountability portal.

3614. Agency responsibilities.

3615. Consolidated financial reporting.

3616. Office of Management and Budget responsibilities.

3617. Treasury responsibilities.

3618. General Services Administration responsibilities.

Subchapter III—Federal Accountability and Spending Transparency Commission

3621. Establishment.

3622. Composition of the Commission.

3623. Functions.

3624. Powers.

3625. Employment, personnel, and related authorities.

3626. Transfer of certain personnel.

3627. Advisory committee to Commission.

3628. Authorization and availability of appropriations.

3629. Sunset.

Subchapter IV—General Provisions

3641. Independence of inspectors general.

3642. Effective date.

3601.

In this chapter:

(1)

The term recipient means—

(A)

any person that receives Federal funds pursuant to a Federal award, either directly or through a subgrant or subcontract at any tier; and

(B)

any State, local, or tribal government, or any government corporation, that receives Federal funds pursuant to a Federal award, either directly or through a subgrant or subcontract at any tier.

(2)

The term Federal award means Federal financial assistance and expenditures that—

(A)

include grants, subgrants, loans, awards, cooperative agreements, agreements entered into under other transactional authority, and other forms of financial assistance; and

(B)

include contracts, subcontracts, purchase orders, task orders, and delivery orders.

(3)

The term Commission means the Federal Accountability and Spending Transparency Commission established under subchapter III of this chapter, or any successor entity to the Federal Accountability and Spending Transparency Commission.

(4)

The term Chairman means the Chairman of the Federal Accountability and Spending Transparency Commission.

(5)

The term Executive agency has the meaning provided by section 105 of title 5, except the term does not include the Government Accountability Office.

(6)

The term Foreign Corrupt Practices Act of 1977 means—

(A)

section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd–1); and

(B)

sections 104 and 104A of the Foreign Corrupt Practices Act (15 U.S.C. 78dd–2).

3602.

(a)

Each recipient shall report to the Commission each receipt and use of Federal funds pursuant to a Federal award.

(b)

(1)

(A)

The Commission shall designate, by rule, the frequency of reports to be submitted by recipients under subsection (a), but the frequency shall not be less than once each quarter.

(B)

The Commission shall, by rule, specify deadlines by which a particular receipt or use of Federal funds must be reported by a recipient under subsection (a). In specifying deadlines under this subparagraph, the Commission shall take into account the capabilities of the management and accounting systems and processes of recipients. The Commission shall, by rule, provide for extensions of the deadlines specified under this subparagraph in cases of hardship or emergency.

(C)

To the extent practicable, the Commission shall require continuous or automatic reporting for compliance with this section.

(2)

Each report submitted by a recipient under subsection (a) shall contain the following information:

(A)

An identification of the recipient, including the recipient’s name and location (including city, county, State, congressional district, and country), with location information provided in proper United States Postal Service standardized format, including ZIP+4, or proper international postal service standardized format where applicable.

(B)

An identification of the recipient and the parent entity of the recipient, if the recipient is owned by another entity.

(C)

An identification of the Executive agency.

(D)

An identification of the Federal award.

(E)

If applicable, an identification of the program pursuant to which the Federal award was awarded.

(F)

The total amount of Federal funds received from that Executive agency for the Federal award, during the period covered by the report.

(G)

The amount of Federal funds from the Federal award that were expended or obligated by the recipient to projects or activities during the period covered by the report.

(H)

A list of all projects or activities for which Federal funds were expended or obligated.

(I)

If the Federal award is a prime award, an identification of its immediate subawards.

(J)

If the Federal award is a subaward, an identification of its immediate prime award.

(K)

Such additional information reasonably related to the receipt and use of Federal funds as the Commission shall, by rule, require.

(3)

The reports submitted under this section shall use the common data elements and data reporting standards designated by the Commission under section 3611 of this title.

(c)

The Commission shall, by rule, permit prime awardees to fulfill the requirements of this section on behalf of subawardees, so long as all subaward tiers are reported.

(d)

The Commission shall issue guidance to recipients on compliance with this section.

(e)

To the extent practicable, the Commission shall prepopulate its electronic systems for the submission of reports required by this section with data submitted to it by agencies under section 3603 of this title, and shall permit recipients either to confirm that prepopulated data is correct or, if it is incorrect, to make corrections.

(f)

Recipients required to report information under subsection (a) shall register with the Central Contractor Registration database or complete such other registration requirements as the Commission shall, by rule, require.

3603.

(a)

Each Executive agency shall report to the Commission all obligations and expenditures of Federal funds.

(b)

(1)

(A)

The Commission shall designate, by rule, and after consultation with the Office of Management and Budget, the frequency of reports to be submitted by agencies under subsection (a), but the frequency shall not be less than once each quarter.

(B)

The Commission shall, by rule, and after consultation with the Office of Management and Budget, specify the deadline by which an obligation or expenditure must be reported by an agency under subsection (a).

(C)

To the extent practicable, the Commission shall require continuous or automatic reporting for compliance with this section.

(2)

(A)

Each report submitted by an Executive agency under subsection (a) that relates to a Federal award shall contain the following information for that Federal award:

(i)

An identification of the recipient, including the recipient’s name and location (including city, State, congressional district, and country), with location information provided in proper United States Postal Service standardized format, including ZIP+4, or proper international postal service standardized format where applicable.

(ii)

An identification of the recipient and the parent entity of the recipient, should the entity be owned by another entity.

(iii)

An identification of the Executive agency.

(iv)

An identification of the Federal award.

(v)

If applicable, an identification of the program pursuant to which the Federal award was awarded.

(vi)

If necessary, the total amount of the award.

(vii)

The total amount of Federal funds received by the recipient from the Executive agency for the Federal award, during the period covered by the report.

(viii)

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

(ix)

Such additional information reasonably related to the Federal award as the Commission shall, by rule, require.

(B)

The content of each report submitted by an Executive agency under subsection (a) that does not relate to a Federal award shall be designated by the Commission, by rule, and after consultation with the Office of Management and Budget.

(C)

To the extent practicable, reports submitted by agencies under subsection (a) shall identify the programs, budget functions, Treasury accounts, and appropriations categories pursuant to which Federal funds are obligated or expended.

(D)

To the extent practicable, the Commission shall permit agencies to comply with subsection (a) by submitting the same information that they submit or contribute for other governmentwide reporting requirements, including the following:

(i)

For information about Federal awards—

(I)

the Federal assistance awards data system established pursuant to section 6102a of title 31, United States Code;

(II)

the Federal procurement data system established pursuant to section 1122(a)(4) of title 41, United States Code;

(III)

the common application and reporting system established pursuant to section 6 of the Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note); or

(IV)

such systems as may be established to replace or supplement the systems identified in this clause.

(ii)

For information about internal expenditures and accounting, the Federal Agencies’ Centralized Trial-Balance Systems (FACTS I and FACTS II), the Governmentwide Financial Report System (GFRS), the Intragovernmental Fiduciary Confirmation System (IFCS), or such systems as may be established to replace or supplement such systems.

(3)

The reports submitted under this section shall use the common data elements and data reporting standards designated by the Commission under section 3611 of this title.

(4)

In complying with this section, each Executive agency shall identify, to the extent practicable, Federal awards made by the agency that are subject to the recipient reporting requirement of section 3602 of this title so that information reported by recipients and information reported by the agency can be directly compared.

(c)

The Commission shall issue guidance to Executive agencies on compliance with this section.

(d)

The Commission shall regularly report to Congress on each Executive agency’s compliance with this section, including the timeliness, completeness, accuracy, and interoperability of the data submitted by each Executive agency. The Commission shall make these reports publicly available contemporaneously online.

3604.

(a)

The Department of the Treasury shall report to the Commission disbursements of Federal funds.

(b)

(1)

(A)

The Commission and the Secretary of the Treasury shall determine the frequency of reports submitted by the Department of the Treasury under subsection (a), but the frequency shall not be less than once each quarter.

(B)

To the extent practicable, the Commission and the Department of the Treasury shall establish continuous or automatic reporting for compliance with this section.

(2)

(A)

The Commission and the Secretary of the Treasury shall determine the content of reports submitted by the Department of the Treasury under subsection (a).

(B)

To the extent practicable, reports submitted by the Department of the Treasury under subsection (a) shall identify the programs, budget functions, Treasury accounts, and appropriations categories pursuant to which Federal funds are disbursed.

(3)

The reports submitted under this section shall use the common data elements and data reporting standards designated by the Commission under section 3611 of this title.

(c)

The Commission shall regularly submit to Congress reports on compliance by the Department of the Treasury with this section, including the timeliness, completeness, accuracy, and interoperability of the data submitted. The Commission shall make all reports submitted under this subsection publicly available contemporaneously online.

3605.

(a)

A recipient is exempt from the reporting requirement of section 3602 of this title with respect to funds received pursuant to a Federal award if—

(1)

the recipient is an individual; and

(2)

either—

(A)

the total amount of Federal funds received by the recipient does not exceed $100,000 in the current calendar year or fiscal year; or

(B)

no transaction in which the recipient has received Federal funds during the current calendar year or fiscal year has exceeded $24,999.

(b)

The Commission may, by rule, grant additional exemptions under this section for classes or categories of recipients.

(c)

The Commission shall, by rule, provide for an adjustment of the dollar thresholds specified in subsection (a)(2) to maintain the constant dollar value of the threshold.

(b)

The table of chapters at the beginning of subtitle III of title 31, United States Code, is amended by inserting after the item relating to chapter 35 the following new item:

36.Accountability and Transparency in Federal Spending3601

102.

Chapter 36 of title 31, United States Code, as added by section 101, is amended by adding at the end the following new subchapter:

3611.

(a)

(1)

The Commission shall, by rule, designate common data elements, such as codes, identifiers, and fields, for information required to be reported by recipients and agencies under this chapter, including identifiers for recipients, awards, and agencies.

(2)

The common data elements designated under this subsection shall, to the extent practicable, be nonproprietary.

(3)

In designating common data elements under this subsection, the Commission shall, to the extent practicable, ensure interoperability and incorporate the following:

(A)

Common data elements developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization.

(B)

Common data elements developed and maintained by intragovernmental partnerships, such as the National Information Exchange Model.

(C)

Common data elements developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory Council.

(D)

Common data elements developed and maintained by accounting standards organizations.

(b)

(1)

The Commission shall, by rule, designate data reporting standards to govern the reporting required to be performed by recipients and agencies under this title.

(2)

The data reporting standards designated under this subsection shall, to the extent practicable—

(A)

incorporate a widely accepted, nonproprietary, searchable, platform-independent computer-readable format;

(B)

be consistent with and implement applicable accounting principles; and

(C)

be capable of being continually upgraded as necessary.

(3)

In designating reporting standards under this subsection, the Commission shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Business Reporting Language (XBRL).

3612.

The Commission shall publish online all information submitted by recipients and agencies pursuant to sections 3602, 3603, and 3604 of this title in accordance with the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).

3613.

(a)

The Commission shall establish and maintain a government-wide Internet-based data access system, to be known as a Federal accountability portal, to carry out the functions described in subsection (b).

(b)

(1)

The Federal accountability portal shall incorporate—

(A)

information submitted by recipients and agencies under sections 3602, 3603, and 3604 of this title;

(B)

other information maintained by Federal, State, local, and foreign government agencies; and

(C)

other commercially and publicly available information.

(2)

The Federal accountability portal shall be designed and operated to carry out the following functions:

(A)

Combine information submitted by recipients and agencies under sections 3602, 3603, and 3604 of this title with other compilations of information, including those listed in paragraph (1).

(B)

Permit Executive agencies, in accordance with applicable law, to verify the eligibility and responsibility of recipients and potential recipients with respect to the receipt and use of Federal funds.

(C)

Permit Executive agencies, inspectors general, law enforcement agencies, and appropriate State authorities, in accordance with applicable law, to track Federal awards and recipients to detect and prevent waste, fraud, and abuse.

(D)

Serve as the primary accountability portal for the entire Federal Government.

(c)

The Commission shall issue guidance on the use of and access to the Federal accountability portal.

3614.

(a)

As a condition of receipt of Federal funds of an Executive agency pursuant to any Federal award, the Executive agency shall require any recipient of such funds to provide the information required under section 3602 of this title.

(b)

(1)

The head of an Executive agency may impose a civil penalty in an amount not more than $250,000 on a recipient of Federal funds from that Executive agency that does not provide the information required under section 3602 of this title or provides information that contains a material omission or misstatement.

(2)

The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy that is available by law to the United States or any other person. Any amounts received from a civil penalty under this subsection shall be deposited in the Treasury of the United States to the credit of the appropriation or appropriations from which the award is made.

(3)

The head of an Executive agency shall provide a written notification to a recipient that fails to provide the information required under section 3602 of this title or provides information that contains a material omission or misstatement. Such notification shall provide the recipient with information on how to comply with the requirements of such section 3602 and notice of the penalties for failing to do so. The head of the Executive agency may not impose a civil penalty under paragraph (1) until 60 days after the date of the notification.

(c)

Executive agencies shall comply with the instructions and guidance issued by the Commission under this Act.

(d)

(1)

Upon request of the Commission for information or assistance from any Executive agency or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Commission, or an authorized designee.

(2)

Whenever information or assistance requested by the Commission is, in the judgment of the Commission, unreasonably refused or not provided, the Commission shall report the circumstances to Congress.

(e)

After the Commission designates any common data element or data reporting standard under section 3611 of this title, each Executive agency shall issue guidance that requires every recipient of Federal funds under any of its Federal awards to use that common data element or data reporting standard for any information reported to that Executive agency to which the common data element or data reporting standard is applicable.

(f)

To the extent practicable, each Executive agency shall use data from the website maintained by the Commission under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) to prepopulate any electronic systems maintained by that agency for the submission of reports on the receipt and use of Federal funds distributed by that agency.

3615.

(a)

In consultation with the Office of Management and Budget, each Executive agency shall, not later than two years after the effective date of this chapter, submit to the President, Congress, and the Commission a report that—

(1)

describes any agency-specific financial reporting requirements for recipients of Federal funds pursuant to a Federal award from the agency;

(2)

identifies every element of information that such recipients must regularly submit to the agency pursuant to such requirements; and

(3)

for each element so identified, identifies whether that element or a similar element is already being reported to the Commission by such recipients under this title.

(b)

Beginning on the date that is three years after the effective date of this chapter, recipients of Federal funds are deemed to have satisfied the agency-specific financial reporting requirements identified in the reports required by subsection (a) by transmitting the same information to the Commission, in a manner prescribed by the Commission.

(c)

After an Executive agency has submitted its report under subsection (a), the Executive agency shall issue guidance notifying recipients of Federal funds under its awards that they may, as of the date that is three years after the effective date of this chapter, satisfy those agency-specific financial reporting requirements identified by the agency in its report required under subsection (a) by reporting the same information to the Commission only.

(d)

(1)

After an Executive agency submits its report under subsection (a), the Commission shall promulgate rules describing the manner in which the agency-specific financial reporting requirements identified in the report may be met by recipients of Federal funds from that agency through reporting to the Commission only.

(2)

Upon receipt of agency-specific financial reporting information as described under this section, the Commission shall immediately make such information available to the Executive agency to which the information had previously been required to be submitted.

3616.

After the Commission designates any common data element or data reporting standard under section 3611 of this title, the Director of the Office of Management and Budget shall issue guidance that requires Executive agencies to use that common data element or data reporting standard for any information reported by Executive agencies to the Office of Management and Budget to which the common data element or data reporting standard is applicable.

3617.

After the Commission designates any common data element or data reporting standard under section 3611 of this title, the Secretary of the Treasury shall issue guidance that requires Executive agencies to use that common data element or data reporting standard for any information reported by Executive agencies to the Department of the Treasury to which the common data element or data reporting standard is applicable.

3618.

After the Commission designates any common data element or data reporting standard under section 3611 of this title, the Administrator of General Services shall apply that common data element or data reporting standard for any information contained in acquisition-related databases maintained by the General Services Administration to which the common data element or data reporting standard is applicable.

103.

(a)

Section 2(c) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) is amended—

(1)

by striking paragraphs (1) and (2);

(2)

by redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively; and

(3)

by adding at the end the following new paragraphs:

(4)

shall, to the extent practicable, publish data under this section in a manner that complies with applicable principles and best practices in the private sector for the publication of open government data;

(5)

shall serve as a public portal for Federal financial information, including information concerning all Federal awards and information concerning the expenditure of all Federal funds;

(6)

shall—

(A)

make available all information published under subsections (b), (c), and (d) in a reasonably timely manner;

(B)

make available all information published under subsections (b), (c), and (d), using the common data elements and data reporting standards designated by the Commission under section 3611 of title 31, United States Code;

(C)

make available all information published under subsections (b), (c), and (d) without charge, license, or registration requirement;

(D)

permit all information published under subsections (b), (c), and (d) to be searched and aggregated;

(E)

permit all information published under subsections (b), (c), and (d) to be downloaded, including downloaded in bulk;

(F)

to the extent practicable, disseminate information published under subsections (b), (c), and (d) via automatic electronic means;

(G)

to the extent practicable, permit information published under subsections (b), (c), and (d) to be freely shared by the public, such as by social media; and

(H)

to the extent practicable, use permanent uniform resource locators for information published under subsections (b), (c), and (d).

(b)

Section 2 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note), as amended by subsection (a), is further amended—

(1)

by striking subsections (d) and (e);

(2)

by redesignating subsection (c) as subsection (e); and

(3)

by inserting after subsection (b) the following new subsections (c) and (d):

(c)

(1)

The Commission shall publish on the website established under this section all information submitted by recipients and agencies pursuant to sections 3602, 3603, and 3604 of title 31, United States Code, as added by the Digital Accountability and Transparency Act of 2012.

(2)

The Commission shall publish, online and in the aggregate, information that is exempt from recipient reporting under section 3605 of such title but that is reported by an Executive agency under section 3603 of such title in the aggregate.

(d)

The Commission shall publish on the website established under this section all information contained in the information system required under section 6103 of title 31, United States Code.

(c)

Subsection 2(a) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) is amended by adding at the end the following:

(4)

The term recipient means—

(A)

any person that receives Federal funds pursuant to a Federal award, either directly or through a subgrant or subcontract at any tier; and

(B)

any State, local, or tribal government, or any government corporation, that receives Federal funds pursuant to a Federal award, either directly or through a subgrant or subcontract at any tier.

(5)

The term Commission means the Federal Accountability and Spending Transparency Commission established under subchapter III of chapter 36 of title 31, United States Code, or any successor entity to the Federal Accountability and Spending Transparency Commission.

(d)

Section 2(f) of the Federal Funding Accountability and Transparency Act of 2006 is amended—

(1)

by striking Nothing and inserting the following:

(1)

Nothing

; and

(2)

by adding at the end the following new paragraph:

(2)

Nothing in this Act shall prohibit the Commission from complying with the requirements of this section using such new technologies as may replace websites for data publication and dissemination.

(e)

Section 2 of such Act (31 U.S.C. 6101 note) is further amended—

(1)

in subsection (b), by striking Office of Management and Budget and inserting Commission both places it appears in paragraph (1); and

(2)

in subsection (g), by striking Director of the Office of Management and Budget and inserting Commission in paragraph (1) and in paragraph (3).

(f)

Section 2(b) of such Act (31 U.S.C. 6101 note) is further amended by striking paragraphs (3) and (4).

(g)

Such Act (31 U.S.C. 6101 note) is further amended—

(1)

in section 2(b), by striking Not later than January 1, 2008, the and inserting The; and

(2)

in section 2(g)—

(A)

by striking Committee on Government Reform and inserting Committee on Oversight and Government Reform; and

(B)

in paragraph (2)—

(i)

by inserting and at the end of subparagraph (A);

(ii)

by striking ; and at the end of subparagraph (B) and inserting a period; and

(iii)

by striking subparagraph (C).

104.

(a)

Chapter 36 of title 31, United States Code, as added by section 101, is further amended by adding at the end the following new subchapter:

3641.

Nothing in this chapter shall affect the independent authority or discretion of an inspector general to determine whether or how to conduct an audit, investigation, or any other function authorized by the Inspector General Act of 1978 (5 U.S.C. App.), or to disclose any information relating to an audit or investigation.

3642.

This chapter takes effect on the date of the enactment of this chapter.

(b)

(1)

Within 60 days after the effective date of this Act, the President shall appoint Commissioners to the Commission under section 3622 of title 31, United States Code, as added by this Act.

(2)

(A)

Within 60 days after the effective date of this Act, the Commission shall establish the committee required under section 3627 of title 31, United States Code, as added by this Act.

(B)

Within 180 days after the effective date of this Act, the Commission shall—

(i)

promulgate rules and issue guidance under sections 3602 and 3603 of title 31, United States Code, as added by this Act;

(ii)

together with the Secretary of the Treasury, determine the frequency and content of reports to be submitted to the Commission by the Department of the Treasury under section 3604 of such title, as so added;

(iii)

designate common data elements under section 3611(a) of such title and data reporting standards under section 3611(b) of such title, as so added; and

(iv)

establish one or more websites under the Federal Funding Accountability and Transparency Act of 2006, as amended by this Act.

(3)

(A)

Within one year after the effective date of this Act, each Executive agency shall implement section 3614(a) of title 31, United States Code, as added by this Act.

(B)

Within two years after the Commission designates any common data element or data reporting standard under section 3611 of such title, as so added—

(i)

each Executive agency shall issue guidance under section 3614(e) of such title, as so added;

(ii)

the Director of the Office of Management and Budget shall issue guidance under section 3615 of such title, as so added; and

(iii)

the Administrator of General Services shall take the actions required under section 3617 of such title, as so added.

(4)

(A)

Within 180 days after the effective date of this Act, the Secretary of the Treasury, together with the Commission, shall determine the frequency and content of reports to be submitted to the Commission by the Department of the Treasury under section 3604 of title 31, United States Code, as added by this Act.

(B)

Within 180 days after the Commission and the Secretary of the Treasury determine the frequency and content of reports to be submitted to the Commission by the Department of the Treasury under section 3604 of such title, as so added, the Department of the Treasury shall begin to submit such reports to the Commission.

(C)

Within two years after the Commission designates any common data element or data reporting standard under section 3611 of such title, as so added, the Secretary of the Treasury shall issue guidance under section 3616 of such title, as so added.

(5)

Notwithstanding any other provision of this Act or the amendments made by this Act, no recipient shall be required to comply with this Act or such amendments until 180 days after the Commission has issued rules and guidance under section 3602 of title 31, United States Code, as added by this Act.

(6)

Within 180 days after the effective date of this Act, the Commission and the Office of Management and Budget shall transfer the management and control of USASpending.gov from the Office of Management and Budget to the Commission, as required by the Federal Funding Accountability and Transparency Act of 2006, as amended by this Act.

201.

Chapter 36 of title 31, United States Code, as added by section 101, is further amended by inserting after subchapter II the following new subchapter:

III

3621.

(a)

There is established the Federal Accountability and Spending Transparency Commission as an independent agency in the Executive Branch.

(b)

(1)

Except as provided in this section, there are transferred to the Commission all functions of the Recovery Accountability and Transparency Board.

(2)

The Federal Accountability and Spending Transparency Commission shall succeed to all powers, authorities, rights, and duties that were vested in the Recovery Accountability and Transparency Board on the day before the effective date of this chapter.

3622.

(a)

(1)

The Commission shall be composed of five Commissioners who shall be appointed by the President, by and with the consent of the Senate.

(2)

Not more than three of the members of the Commission shall be members of the same political party.

(3)

Each Commissioner shall hold office for a term of five years and until a successor is appointed and has qualified, except that—

(A)

a Commissioner shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of such term of office;

(B)

any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which that Commissioner’s predecessor was appointed shall be appointed for the remainder of such term; and

(C)

the terms of office of the Commissioners first taking office after the enactment of this paragraph shall expire as designated by the President at the time of nomination, one at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years, and one at the end of five years.

(4)

An individual appointed to the Commission under this subsection shall be compensated at the rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5.

(b)

(1)

The President shall appoint, by and with the advice and consent of the Senate, a member of the Commission as Chairman, who shall serve as Chairman at the pleasure of the President. An individual may be appointed as Chairman at the same time that person is appointed as a Commissioner. At any time, the President may appoint, by and with the advise and consent of the Senate, a different Chairman, and the Commissioner previously appointed as Chairman may complete that Commissioner’s term as a Commissioner.

(2)

The Chairman shall be the chief administrative officer of the Commission and shall preside at meetings of the Commission.

(3)

(A)

Except as otherwise provided in this paragraph and in section 3625 of this chapter, the executive and administrative functions of the Commission, including functions of the Commission with respect to the appointment and supervision of personnel employed under the Commission, the distribution of business among such personnel and among administrative units of the Commission, and the use and expenditure of funds, according to budget categories, plans, programs, and priorities established and approved by the Commission, shall be exercised solely by the Chairman.

(B)

In carrying out any of his functions under the provisions of this paragraph, the Chairman shall be governed by the general policies, plans, priorities, and budgets approved by the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make.

(C)

The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission.

(D)

Personnel employed regularly and full time in the immediate offices of Commissioners other than the Chairman shall not be affected by the provisions of this paragraph.

(E)

The Commission shall be responsible for the functions of revising budget estimates of the Commission and determining the distribution of appropriated funds according to major programs and purposes of the Commission.

(F)

The Chairman may authorize the performance by any officer, employee, or administrative unit under the Chairman’s jurisdiction of any functions of the Chairman under this paragraph.

(4)

No person appointed as Chairman under this subsection shall serve as Chairman for more than 10 years, whether or not such service is consecutive.

(5)

Upon the effective date of this chapter, the person serving as Chairperson of the Recovery Accountability and Transparency Board on the day before the effective date of this chapter shall serve as acting Chairman of the Commission until the President appoints a Chairman of the Commission pursuant to this subsection.

(c)

A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

3623.

(a)

The Commission shall—

(1)

be responsible for the collection, storage, and public disclosure of information about Federal spending;

(2)

serve as the authoritative government source for the information about Federal spending that it collects; and

(3)

coordinate and conduct oversight of Federal funds in order to prevent waste, fraud, and abuse.

(b)

The functions of the Commission shall include each of the following:

(1)

Receiving, storing, and publicly disseminating all of the information that is reported to it under sections 3602, 3603, and 3604 of this title.

(2)

Reviewing whether reporting under section 3602 of this title meets applicable standards and specifies the purpose of the Federal award and measures of performance.

(3)

Identifying possible criminal activity and referring such matters to appropriate Federal, State, and local law enforcement authorities.

(4)

Supporting ongoing criminal investigations, prosecutions, and related proceedings.

(5)

Furnishing research, analytical, and informational services to Executive agencies, inspectors general, law enforcement agencies, and appropriate State authorities in the interest of detection, prevention, and prosecution of waste, fraud, and abuse of Federal funds.

(6)

Regularly evaluating the quality of the data submitted to it under sections 3602, 3603, and 3604 of this title.

(7)

Standardizing common data elements and data reporting standards to foster transparency and accountability for Federal spending, as required by section 3611 of this title.

(8)

Reviewing whether there are appropriate mechanisms for interagency collaboration relating to Federal funds, including coordinating and collaborating to the extent practicable with the Council of the Inspectors General on Integrity and Efficiency established by section 11 of the Inspector General Act of 1978 (5 U.S.C. App.).

(9)

Issuing a report in accordance with subsection (e) on the feasibility of collecting and publishing online tax expenditures data.

(c)

(1)

To the extent practicable, the Commission shall give high priority to analyses and reviews relating to Federal funds—

(A)

awarded without the use of competitive procedures; or

(B)

awarded to any contractor found to be in violation of the Foreign Corrupt Practices Act of 1977.

(2)

The Commission shall identify any contractor found to be in violation of the Foreign Corrupt Practices Act of 1977 as a violator of such Act in any contract information related to such contractor published online under the Federal Funding Accountability and Transparency Act of 2006.

(d)

(1)

(A)

The Commission shall regularly submit to the President and Congress reports on its audits of the quality of the data submitted to it under sections 3602, 3603, and 3604 of this title.

(B)

The Commission shall submit semi-annual reports to the President and Congress, summarizing the activities and findings of the Commission and, in the Commission’s discretion, the findings of inspectors general of Executive agencies that relate to the Commission’s activities during the reporting period.

(C)

Not later than five years after the effective date of this chapter, the Commission shall submit to the President, Congress, and the Comptroller General of the United States a report containing estimates of the direct and indirect cost savings to the Treasury achieved as a result of the Commission’s activities.

(D)

Section 2(f) of the Federal Funding Accountability and Transparency Act of 2006 requires another report by the Commission.

(2)

The Commission shall make all reports submitted under paragraph (1) publicly available contemporaneously online.

(3)

Upon receipt of the report submitted by the Commission under paragraph (1)(C), the Comptroller General shall conduct an evaluation of the report and submit the evaluation to Congress within six months after receipt of the report, with such findings and recommendations as the Comptroller General considers appropriate.

(e)

(1)

For purposes of subsection (b)(7), not later than one year after the effective date of this chapter, the Commission shall submit to the appropriate congressional committees a report on tax expenditures data that includes the following:

(A)

A description of processes that could be put in place to collect and disseminate tax expenditures data, and the potential effects of making such data publicly available on the Internal Revenue Service, taxpayers, and other relevant parties determined by the Commission.

(B)

Any changes in law that are needed to make such tax expenditures data publicly available.

(2)

In this section, the term tax expenditures has the meaning given that term in section 3(3) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(3)).

(3)

The Commission shall make the report submitted under paragraph (1) publicly available.

(f)

(1)

The Commission shall make recommendations to Executive agencies on measures to prevent waste, fraud, and abuse relating to Federal funds.

(2)

Not later than 30 days after receipt of a recommendation under paragraph (1), an Executive agency shall submit a report to the President, the congressional committees of jurisdiction, and the Commission on whether the Executive agency agrees or disagrees with the recommendations and any actions the Executive agency will take to implement the recommendations. The Commission shall make all reports submitted to it under this paragraph publicly available contemporaneously online.

3624.

(a)

The Commission shall conduct independent analyses and reviews of spending of Federal funds, including analyses and reviews of information maintained in the Federal accountability portal established under section 3612 of this title, and provide investigative and audit support to the inspectors general of Executive agencies.

(b)

The Commission may—

(1)

conduct its own independent analyses and reviews of spending of Federal funds; and

(2)

collaborate with and provide support for any inspector general of any Executive agency or other law enforcement authority on any audit, investigation, or other review relating to Federal funds.

(c)

(1)

In conducting analyses and reviews, and in providing investigative and audit support to inspectors general and law enforcement authorities, the Commission shall have the authorities provided under paragraphs (1), (3), and (6) through (10) of section 6(a), and section 6(b), of the Inspector General Act of 1978 (5 U.S.C. App.).

(2)

The authorities provided under section 6(a)(9) of the Inspector General Act of 1978 (provided to the Commission pursuant to paragraph (1)) may be used by the Commission while conducting an evaluation or other review authorized under such Act.

(d)

(1)

The Commission may enter into contracts to enable the Commission to discharge its duties under this chapter, including contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Commission.

(2)

The Commission may enter into contracts with any Federal agency (within or outside the executive branch) to enable such agency to identify waste, fraud, and abuse, including contracts and other arrangements for audits, studies, analyses, and other services.

(3)

The Commission may make contracts or agreements with any Federal agency (within or outside the executive branch) to publish data maintained by such agency on the website maintained under the Federal Funding Accountability and Transparency Act of 2006.

(e)

The Commission may transfer funds appropriated to the Commission for expenses to support administrative support services, investigations, audits, reviews, or other activities related to oversight by the Commission of Federal funds to any office of inspector general, the Office of Management and Budget, and the General Services Administration.

3625.

(a)

The Commission shall have an Executive Director, who shall be appointed by the Commission and serve at the pleasure of the Commission. The Executive Director shall report directly to the Commission and carry out the functions of the Commission subject to the supervision and direction of the Commission. The position of Executive Director shall be a career reserved position in the Senior Executive Service, as that position is defined under section 3132 of title 5.

(b)

The Commission may appoint and fix the compensation of such officers, attorneys, information technology professionals, and other employees as may be necessary for carrying out the functions of the Commission under this chapter.

(c)

The General Services Administration shall provide the Commission with administrative support services, including the provision of office space and facilities.

3626.

(a)

The Chairman or Executive Director, or both, shall identify employees of the Recovery Accountability and Transparency Board for transfer to the Commission, and such identified employees shall be transferred to the Commission for employment.

(b)

(1)

Except as provided in paragraph (2), each transferred employee shall, during the 2-year period beginning on the effective date of this chapter, receive pay at a rate equal to not less than the basic rate of pay (including any geographic differential) that the employee received during the pay period immediately preceding the date of transfer.

(2)

Paragraph (1) does not limit the right of the Commission to reduce the rate of basic pay of a transferred employee for cause, for unacceptable performance, or with the consent of the employee.

(3)

Paragraph (1) applies to a transferred employee only while that employee remains employed by the Commission.

3627.

(a)

(1)

The Commission shall establish an advisory committee to be known as the Federal Accountability and Spending Transparency Advisory Committee (in this section referred to as the Advisory Committee).

(2)

The Advisory Committee shall submit to the Commission such findings and recommendations related to the Commission’s implementation of this chapter as it determines are appropriate.

(b)

(1)

The Commission shall appoint no fewer than 10, and no more than 20, members to the Advisory Committee, from among individuals who—

(A)

represent the interests of recipients of Federal contracts;

(B)

represent the interests of State, local, and tribal governments receiving Federal grants;

(C)

represent the interests of other recipients of Federal funds; and

(D)

represent nonprofit organizations that advocate transparency and accountability in government.

(2)

Each member of the Advisory Committee appointed under this section shall serve for a term of three years, except that the Commission may appoint original members of the Committee to one-year and two-year terms in order to achieve staggered terms. No person shall serve more than one term.

(3)

The members of the Advisory Committee shall elect a chairperson.

(c)

The Advisory Committee shall meet not less frequently than six times annually, at the call of the chairperson of the Advisory Committee.

(d)

Each member of the Committee who is not a full-time employee of the United States shall—

(1)

be entitled to receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5 for each day during which the member is engaged in the actual performance of the duties of the Committee; and

(2)

while away from the home or regular place of business of the member in the performance of services for the Committee, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5.

(e)

The Commission shall make available to the Advisory Committee such staff of the Commission as the chairperson of the Advisory Committee recommends is necessary to carry out this section.

(f)

After receipt of any finding or recommendation from the Advisory Committee, the Commission shall—

(1)

review the finding or recommendation; and

(2)

promptly issue a public statement—

(A)

assessing the finding or recommendation of the Advisory Committee; and

(B)

disclosing the action, if any, the Commission intends to take with respect to the finding or recommendation.

(g)

Nothing in this section shall be construed as requiring the Commission to agree to or act upon any finding or recommendation of the Advisory Committee.

(h)

The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Committee.

3628.

(a)

There is authorized to be appropriated $51,000,000 for each of fiscal years 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019 to carry out the functions of the Commission.

(b)

If the Recovery Accountability and Transparency Board has unobligated appropriations as of the effective date of this chapter, such appropriations are authorized to remain available to the Commission until September 30, 2015.

3629.

This subchapter shall cease to be in effect after the date occurring seven years after the date of the enactment of this subchapter.

202.

Section 5314 of title 5, United States Code, is amended by adding at the end the following new item:

Chairman of the Federal Accountability and Spending Transparency Commission.

203.

(a)

Subtitle B of title XV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 287) is amended by striking sections 1521, 1522, 1525(a), 1529, and 1530.

(b)

(1)

(A)

Paragraph (2) of section 1501 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 287) is amended to read as follows:

(2)

The term Commission means the Federal Accountability and Spending Transparency Commission established in chapter 36 of title 31, United States Code.

(B)

Such section is further amended by striking paragraph (3).

(C)

The following provisions of such Act are amended by striking Board each place it appears and inserting Commission in the headings or text, as the case may be: the heading of subtitle B of title XV, and sections 1523, 1524, 1525(b), 1525(c), 1526, 1527, 1528, 1542, and 1553.

(D)

Section 1513(b)(2) of such Act is amended by striking the quarter in which the Board terminates under section 1530 and inserting the quarter ending September 30, 2013.

(c)

Effective on October 1, 2013, subtitle B of title XV of division A of such Act is repealed.

(d)

On and after the effective date of this Act, any reference in Federal law to the Recovery Accountability and Transparency Board is deemed to be a reference to the Federal Accountability and Spending Transparency Commission.

III

301.

Nothing in this Act or the amendments made by this Act shall be construed to require the public disclosure of classified information.

302.

Section 3518(c) of title 44, United States Code, is amended—

(1)

in paragraph (1), by striking paragraph (2) and inserting paragraph (3);

(2)

by redesignating paragraph (2) as paragraph (3); and

(3)

by inserting after paragraph (1) the following new paragraph:

(2)

Notwithstanding paragraph (3), this subchapter shall not apply to the collection of information during the conduct of any evaluation, or other review conducted by the Federal Accountability and Spending Transparency Commission, or during the conduct of any audit, investigation, inspection, evaluation, or any other review conducted by the Council of Inspectors General on Integrity and Efficiency or any office of inspector general, including any office of special inspector general.

303.

Section 6(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1)

in paragraph (8), by striking and;

(2)

by redesignating paragraph (9) as paragraph (10); and

(3)

by inserting after paragraph (8) the following new paragraph:

(9)

notwithstanding subsections (e)(12), (o), (p), (q), (r), and (u) of section 552a of title 5, United States Code, to compare, through a matching program (as defined in such section), any Federal records with other Federal or non-Federal records, while conducting an audit, investigation, or inspection authorized under this Act to identify weaknesses that may lead to waste, fraud, or abuse and to detect improper payments and fraud; and

304.

(a)

The Commission and the Secretary of Commerce shall transfer the functions of the Consolidated Federal Funds Report to the website established under the Federal Funding Accountability and Transparency Act of 2006, as amended by this Act.

(b)

Section 2(d) of the Federal Funding Accountability and Transparency Act of 2006, as amended by section 103 of this Act, is further amended—

(1)

by striking the period at the end of paragraph (6) and inserting ; and; and

(2)

by adding at the end the following new paragraph:

(7)

shall permit users to determine the following information:

(A)

For each fiscal year, the total amount of Federal funds that were obligated in each State, county or parish, congressional district, and municipality of the United States.

(B)

For each fiscal year, the total amount of Federal funds that were actually expended in each State, county or parish, congressional district, and municipality of the United States.

(c)

Chapter 62 of subtitle V of title 31, United States Code, is repealed. The item relating to that chapter in the table of chapters at the beginning of subtitle V of such title is repealed.

305.

(a)

(1)

Paragraph (6) of section 6101 of title 31, United States Code, is amended to read as follows:

(6)

Commission means the Federal Accountability and Spending Transparency Commission established in subchapter III of chapter 36 of this title.

(2)

Section 6102 of such title is amended—

(A)

in subsections (a) and (b), by striking Administrator and inserting Commission both places it appears;

(B)

in subsection (c)—

(i)

by striking Administrator and inserting Commission;

(ii)

in paragraph (3), by striking and that the printed catalog and all that follows through printing; and

(iii)

in paragraph (4)—

(I)

by striking transmit annually and inserting make; and

(II)

by striking to the Committee and all that follows through the period and inserting the following: available to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate..

(3)

Section 6102a of such title is amended—

(A)

by striking subsection (b);

(B)

by redesignating subsection (c) as subsection (b);

(C)

by striking Director and inserting Commission each place it appears; and

(D)

in subsection (b), as so redesignated—

(i)

by striking transmit promptly after the end of each calendar quarter, free of charge, and insert make available; and

(ii)

by striking Oversight and inserting Administration.

(4)

Section 6103 of such title is amended—

(A)

in subsections (a) and (c), by striking Administrator and inserting Commission each place it appears; and

(B)

by striking the text of subsection (b) and inserting the following: The Commission shall publish online all of the information contained in the information system under subsection (a) in accordance with the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note)..

(5)

Section 6104 of such title if amended by striking Administrator and inserting Commission each place it appears.

(6)

Section 6106 of such title is repealed.

(b)

Within 180 days after the effective date of this Act, the Commission and the Administrator of General Services shall transfer the management and control of the following from the Administrator to the Commission, as required by chapter 61 of title 31, United States Code, as amended by subsection (a):

(1)

The computer information system required under section 6103 of such title, as so amended.

(2)

The catalog of Federal domestic assistance programs required under section 6104 of such title, as so amended.

(c)

Within 180 days after the effective date of this Act, the Commission and the Director of the Office of Management and Budget shall transfer the management and control of the assistance awards information system from the Director to the Commission, as required by section 6102a of title 31, United States Code, as amended by subsection (a).

306.

(a)

(1)

Section 716 of title 31, United States Code, is amended in subsection (a)—

(A)

by striking (a) and inserting (2); and

(B)

by inserting after the section heading the following:

(a)

(1)

The Comptroller General is authorized to obtain such agency records as the Comptroller General requires to discharge his duties (including audit, evaluation, and investigative duties), including through the bringing of civil actions under this section. In reviewing a civil action under this section, the court shall recognize the continuing force and effect of the authorization in the preceding sentence until such time as the authorization is repealed pursuant to law.

(2)

Section 716(a) of title 31, United States Code, as amended by subsection (a), is further amended in the second sentence of paragraph (2) by striking inspect an agency record and inserting inspect, and make and retain copies of, an agency record.

(b)

Section 711 of title 31, United States Code, is amended by striking paragraph (4) and inserting the following:

(4)

administer oaths to witnesses when auditing and settling accounts and, with the prior express approval of the Comptroller General, when investigating fraud or attempts to defraud the United States, or irregularity or misconduct of an employee or agent of the United States.

(c)

(1)

Subchapter II of chapter 7 of title 31, United States Code, is amended by adding at the end the following:

721.

(a)

No provision of the Social Security Act, including section 453(l) of that Act (42 U.S.C. 653(l)), shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain any information or to inspect or copy any record under section 716 of this title.

(b)

No provision of the Federal Food, Drug, and Cosmetic Act, including section 301(j) of that Act (21 U.S.C. 331(j)), shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain any information or to inspect or copy any record under section 716 of this title.

(c)

No provision of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (Public Law 94–435) and the amendments made by that Act shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain any information or to inspect or copy any record under section 716 of this title, including with respect to any information disclosed to the Assistant Attorney General of the Antitrust Division of the Department of Justice or the Federal Trade Commission for purposes of pre-merger review under section 7A of the Clayton Act (15 U.S.C. 18a).

(d)

(1)

The Comptroller General shall prescribe such policies and procedures as are necessary to protect from public disclosure proprietary or trade secret information obtained consistent with this section.

(2)

Nothing in this section shall be construed to—

(A)

alter or amend the prohibitions against the disclosure of trade secret or other sensitive information prohibited by section 1905 of title 18 and other applicable laws; or

(B)

affect the applicability of section 716(e) of this title, including the protections against unauthorized disclosure contained in that section, to information obtained consistent with this section.

(e)

Specific references to statutes in this section shall not be construed to affect access by the Government Accountability Office to information under statutes that are not so referenced.

(2)

The table of sections for chapter 7 of title 31, United States Code, is amended by inserting after the item relating to section 720 the following:

721. Access to certain information.

(d)

Section 720(b) of title 31, United States Code, is amended—

(1)

in the matter preceding paragraph (1), by inserting or planned after action taken; and

(2)

by striking paragraph (1) and inserting the following:

(1)

the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the congressional committees with jurisdiction over the agency program or activity that is the subject of the recommendation, and the Government Accountability Office before the 61st day after the date of the report; and

307.

(a)

(1)

(A)

Section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new subsection:

(i)

(1)

Notwithstanding any other provision of law, the Inspector General of each designated Federal entity shall, for pay and all other purposes, be classified at a grade, level, or rank designation, as the case may be, at or above those of a majority of the senior level executives of that designated Federal entity (such as a General Counsel, Chief Information Officer, Chief Financial Officer, Chief Human Capital Officer, or Chief Acquisition Officer). The pay of an Inspector General of a designated Federal entity shall be not less than the average total compensation (including bonuses) of the senior level executives of that designated Federal entity calculated on an annual basis.

(2)

(A)

In the case of an Inspector General of a designated Federal entity whose pay is adjusted under paragraph (1), the total increase in pay in any fiscal year resulting from that adjustment may not exceed 25 percent of the average total compensation (including bonuses) of the Inspector General of that entity for the preceding 3 fiscal years.

(B)

The limitation under subparagraph (A) shall not apply to any adjustment made in fiscal year 2013 or each fiscal year thereafter.

(B)

Section 4(b) of the Inspector General Reform Act of 2008 (Public Law 110–409; 122 Stat. 4304; 5 U.S.C. App. 3 note) is repealed.

(2)

(A)

The Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding after section 8L the following new section:

8M.

(a)

The provisions of section 3392 of title 5, United States Code, other than the terms performance awards and awarding of ranks in subsection (c)(1) of such section, shall apply to career appointees of the Senior Executive Service who are appointed to the position of Inspector General.

(b)

Notwithstanding any other provision of law, career Federal employees serving on an appointment made pursuant to statutory authority found other than in section 3392 of title 5, United States Code, shall not suffer a reduction in pay, not including any bonus or performance award, as a result of being appointed to the position of Inspector General.

(B)

Section 4(c) of the Inspector General Reform Act of 2008 (Public Law 110–409; 122 Stat. 4304; 5 U.S.C. App. 3 note) is repealed.

(3)

(A)

Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new paragraph:

(12)

(A)

In this paragraph, the term Special Counsel means the Special Counsel appointed under section 1211(b) of title 5, United States Code.

(B)

(i)

An allegation of wrongdoing against the Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation by the Integrity Committee to the same extent and in the same manner as in the case of an allegation against an Inspector General (or a member of the staff of an Office of Inspector General), subject to the requirement that the Special Counsel recuse himself or herself from the consideration of any allegation brought under this paragraph.

(ii)

This paragraph does not eliminate access to the Merit Systems Protection Board for review under section 7701 of title 5, United States Code. To the extent that an allegation brought under this subsection involves section 2302(b)(8) of that title, a failure to obtain corrective action within 120 days after the date on which that allegation is received by the Integrity Committee shall, for purposes of section 1221 of such title, be considered to satisfy section 1214(a)(3)(B) of that title.

(C)

The Integrity Committee may prescribe any rules or regulations necessary to carry out this paragraph, subject to such consultation or other requirements as might otherwise apply.

(B)

Section 7(b) of the Inspector General Reform Act of 2008 (Public Law 110–409; 122 Stat. 4312; 5 U.S.C. 1211 note) is repealed.

(b)

(1)

The Inspector General Act of 1978 (5 U.S.C. App.), as amended by subsection (a), is further amended—

(A)

in section 8L—

(i)

in subsection (a)(1)—

(I)

by striking the first agency and inserting Federal agency and designated Federal entity; and

(II)

by striking the second and third agency and inserting Federal agency or designated Federal entity; and

(ii)

in subsection (b)—

(I)

in paragraph (1), by striking agency and inserting Federal agency and designated Federal entity; and

(II)

in paragraph (2)—

(aa)

in subparagraph (A), by striking agency and inserting Federal agency and designated Federal entity; and

(bb)

in subparagraph (B), by striking agency and inserting Federal agency and designated Federal entity; and

(B)

in section 11(c)(3)(A)(ii), by striking department, agency, or entity of the executive branch and inserting Federal agency or designated Federal entity.

(2)

Not later than 180 days after the date of enactment of this Act, the head and the Inspector General of each Federal agency and each designated Federal entity (as such terms are defined in sections 12 and 8G of the Inspector General Act of 1978 (5 U.S.C. App.), respectively) shall implement the amendments made by this subsection.

(c)

Section 8L(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1)

by striking report or audit (or portion of any report or audit) and inserting audit report, inspection report, or evaluation report (or portion of any such report); and

(2)

by striking report or audit (or portion of that report or audit) and inserting report (or portion of that report) each place it appears.

(d)

(1)

Section 7(c)(2) of the Inspector General Reform Act of 2008 (Public Law 110–409; 122 Stat. 4313; 31 U.S.C. 501 note) is amended by striking 12933 and inserting 12993.

(2)

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(A)

in section 6(a)(4), by striking information, as well as any tangible thing) and inserting information), as well as any tangible thing; and

(B)

in section 8G(g)(3), by striking 8C and inserting 8D.

(3)

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(A)

in section 3(a), by striking subpena and inserting subpoena;

(B)

in section 6(a)(4), by striking subpena and subpenas and inserting subpoena and subpoenas, respectively;

(C)

in section 8D(a)—

(i)

in paragraph (1), by striking subpenas and inserting subpoenas; and

(ii)

in paragraph (2), by striking subpena and inserting subpoena, each place it appears;

(D)

in section 8E(a)—

(i)

in paragraph (1), by striking subpenas and inserting subpoenas; and

(ii)

in paragraph (2), by striking subpena and inserting subpoena each place it appears; and

(E)

in section 8G(d), by striking subpena and inserting subpoena.

(e)

Section 744 of the Financial Services and General Government Appropriations Act, 2009 (division D of Public Law 111–8; 123 Stat. 693; 5 U.S.C. App. 8L) is repealed.

308.

(a)

(1)

Chapter 57 of title 5, United States Code, is amended by inserting after section 5711 the following:

5712.

(a)

In this section, the term—

(1)

conference means a meeting that—

(A)

is held for consultation, education, or discussion;

(B)

is not held entirely at an agency facility;

(C)

involves costs associated with travel and lodging for some participants; and

(D)

is sponsored by 1 or more agencies, 1 or more organizations that are not agencies, or a combination of such agencies or organizations; and

(2)

international conference means a conference attended by representatives of —

(A)

the United States Government; and

(B)

any foreign government, international organization, or foreign nongovernmental organization.

(b)

No agency may pay the travel expenses for more than 50 employees of that agency who are stationed in the United States, for any international conference occurring outside the United States, unless the Secretary of State determines that attendance for such employees is in the national interest.

(c)

At the beginning of each quarter of each fiscal year, each agency shall post on the public Internet website of that agency a report on each conference for which the agency paid travel expenses during the preceding 3 months that includes—

(1)

the itemized expenses paid by the agency, including travel expenses, the cost of scouting for and selecting the location of the conference, and any agency expenditures to otherwise support the conference;

(2)

the primary sponsor of the conference;

(3)

the location of the conference;

(4)

in the case of a conference for which that agency was the primary sponsor, a statement that—

(A)

justifies the location selected;

(B)

demonstrates the cost efficiency of the location; and

(C)

provides a cost benefit analysis of holding a conference rather than conducting a teleconference;

(5)

the date of the conference;

(6)

a brief explanation how the conference advanced the mission of the agency;

(7)

the title of any Federal employee or any individual who is not a Federal employee whose travel expenses or other conference expenses were paid by the agency; and

(8)

the total number of individuals whose travel expenses or other conference expenses were paid by the agency.

(d)

Each report posted on the public Internet website under subsection (c) shall—

(1)

be in a searchable electronic format; and

(2)

remain on that website for at least 5 years after the date of posting.

(2)

The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5711 the following:

5712. Limitations and reports on travel expenses to conferences.

(b)

(1)

In the case of each of fiscal years 2012 through 2016, an agency (as defined under section 5701(1) of title 5, United States Code) may not make, or obligate to make, expenditures for travel expenses, in an aggregate amount greater than 80 percent of the aggregate amount of such expenses for fiscal year 2010.

(2)

(A)

Not later than September 1, 2012 and after consultation with the Administrator of General Services and the Director of the Administrative Office of the United States Courts, the Director of the Office of Management and Budget shall establish guidelines for the determination of what expenses constitute travel expenses for purposes of this subsection. The guidelines shall identify specific expenses, and classes of expenses, that are to be treated as travel expenses.

(B)

The guidelines required under subparagraph (A) shall exclude military travel expenses in determining what expenses constitute travel expenses. Military travel expenses shall include travel expenses involving military combat, the training or deployment of uniformed military personnel, and such other travel expenses as are determined under the guidelines.

(c)

(1)

In this subsection—

(A)

the term agency has the meaning given under section 5701(1) of title 5, United States Code; and

(B)

the term conference has the meaning given under section 5712(a)(1) of that title (as added by subsection (a)).

(2)

Each agency shall post on the public Internet website of that agency detailed information on any presentation made by any employee of that agency at a conference, including—

(A)

any minutes relating to the presentation;

(B)

any speech delivered;

(C)

any visual exhibit, including photographs or slides;

(D)

any video, digital, or audio recordings of the conference; and

(E)

information regarding any financial support or other assistance from a foundation or other non-Federal source used to pay or defray the costs of the conference, which shall include a certification by the head of the agency that there is no conflict of interest resulting from the support received from each such source.

(3)

(A)

No agency may expend more than $500,000 to support a single conference.

(B)

Nothing in this paragraph shall be construed to preclude an agency from receiving financial support or other assistance from a foundation or other non-Federal source to pay or defray the costs of a conference the total cost of which exceeds $500,000.

(4)

No agency may expend funds on more than a single conference sponsored or organized by an organization during any fiscal year, unless the agency is the primary sponsor and organizer of the conference.

309.

Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.

Passed the House of Representatives April 25, 2012.

Karen L. Haas,

Clerk.

H.R. 2146 (112^th): DATA Act

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