1.This Act may be cited as the
Federal Funding Accountability and
Transparency Act of 2006
.
2.Full disclosure of
entities receiving Federal funding
(a)
(1)Effective beginning January 1, 2007 and
subject to paragraphs (2) and (3), the Office of Management and Budget shall
ensure the existence and operation of a single updated searchable database
website accessible by the public at no cost that includes for each entity
receiving Federal funding—
(A)the name of the entity;
(B)the amount of any Federal funds that the
entity has received in each of the last 10 fiscal years;
(C)an itemized breakdown of each transaction,
including funding agency, program source, and a description of the purpose of
each funding action;
(D)the location of the entity and primary
location of performance, including the city, State, congressional district, and
country;
(E)a unique identifier for each such entity
and parent entity, should the entity be owned by another entity; and
(F)any other relevant information.
(2)Effective January 1,
2007, the website shall include data for fiscal years 2006 and 2007.
(3)Not later than January
1, 2009, information required by this section shall be posted on the website
for fiscal years 1999 through 2005.
(b)In this section:
(1)The term entity—
(A)includes—
(i)a corporation;
(ii)an association;
(iii)a partnership;
(iv)a limited liability company;
(v)a limited liability partnership;
(vi)any other legal business entity;
(vii)grantees, contractors, and, on and after
October 1, 2007, subgrantees and subcontractors; and
(viii)any State or locality; and
(B)does not include—
(i)an individual recipient of Federal
assistance;
(ii)a Federal employee; or
(iii)a grant or contract of a nature that could
be reasonably expected to cause damage to national security.
(2)The term
federal funding—
(A)means Federal financial assistance and
expenditures that include grants, contracts, subgrants, subcontracts, loans,
awards and other forms of financial assistance; and
(B)does not include credit card transactions
or minor purchases.
(3)Searchable
database websiteThe term
searchable database website means a website that allows the public
to—
(A)search Federal funding by name of entity,
parent entity, or type of industry, geography, including location of the entity
and the primary location of the performance, amounts and types of federal
funding, program sources, type of activity being performed, time factors such
as fiscal years or multiple fiscal years, and other relevant information;
and
(B)download data included in subparagraph (A)
including outcomes from searches.
(c)The database website established by this
section—
(1)shall not be considered in compliance if it
links to FPDS, Grants.gov or other existing websites and databases, unless each
of those sites has information from all agencies and each category of
information required to be itemized can be searched electronically by field in
a single search;
(2)shall provide an opportunity for the public
to provide input about the utility of the site and recommendations for
improvements; and
(3)shall be updated not later than 30 days
after the award of any assistance requiring a posting.
(d)The Director
of OMB shall provide guidance to agency heads to ensure compliance with this
section.
(e)The Director of OMB shall annually report
to the Senate Committee on Homeland Security and Government Affairs and the
House Committee on Government Reform on implementation of the website that
shall include data about the usage and public feedback on the utility of the
site, including recommendations for improvements. The annual report shall be
made publicly available on the website.
1.This Act may be cited as the
Federal Funding Accountability and
Transparency Act of 2006
.
2.Full disclosure of
entities receiving Federal funding
(a)In
this section:
(1)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)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)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)
(1)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)The website shall include data for fiscal year 2007, and
each fiscal year thereafter.
(3)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)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)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)
(1)
(A)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)The
pilot program under subparagraph (A) shall terminate not later than January 1,
2009.
(2)
(A)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)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)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)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)
(1)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)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)The
Director of the Office of Management and Budget shall make each report
submitted under paragraph (1) publicly available on the website established
under this section.
3.Nothing in this
Act shall require the disclosure of classified information.
August 2, 2006
Reported with an amendment