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--
(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
(i) an individual recipient of Federal assistance; or
(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.
(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.
(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.
(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.
END
