[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2590 Enrolled Bill (ENR)]
S.2590
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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--
(i) include grants, subgrants, loans, awards,
cooperative agreements, and other forms of financial
assistance;
(ii) include contracts, subcontracts, purchase orders,
task orders, and delivery orders;
(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 and aggregate 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 a Federal award
described in paragraph (2)(A)(i), by fiscal year;
(C) ascertain through a single search the total amount of
Federal funding awarded to an entity by a Federal award
described in paragraph (2)(A)(ii), by fiscal year; and
(D) 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,
section 204 of the E-Government Act of 2002 (Public Law 107-347; 44
U.S.C. 3501 note), and the Office of Federal Procurement Policy Act
(41 U.S.C. 403 et seq.), 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 search on the website required by this Act,
provided that the user may--
(A) specify such search shall be confined to Federal
contracts and subcontracts;
(B) specify such search shall be confined to include
grants, subgrants, loans, awards, cooperative agreements, and
other forms of financial assistance;
(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 by 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;
(4) shall be updated not later than 30 days after the award of
any Federal award requiring a posting; and
(5) shall provide for separate searches for Federal awards
described in subsection (a) to distinguish between the Federal
awards described in subsection (a)(2)(A)(i) and those described in
subsection (a)(2)(A)(ii).
(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.
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTING REQUIREMENT.
Not later than January 1, 2010, the Comptroller General shall
submit to Congress a report on compliance with this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.