[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2590 Engrossed in Senate (ES)]
109th CONGRESS
2d Session
S. 2590
_______________________________________________________________________
AN ACT
To require full disclosure of all entities and organizations receiving
Federal funds.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Funding Accountability and
Transparency Act of 2006''.
SEC. 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.
SEC. 3. CLASSIFIED INFORMATION.
Nothing in this Act shall require the disclosure of classified
information.
Passed the Senate September 7 (legislative day, September
6), 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 2590
_______________________________________________________________________
AN ACT
To require full disclosure of all entities and organizations receiving
Federal funds.