[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 303 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
December 14, 2009.
Resolved, That the bill from the Senate (S. 303) entitled ``An Act
to reauthorize and improve the Federal Financial Assistance Management
Improvement Act of 1999.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Financial
Assistance Management Improvement Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reauthorization.
Sec. 3. Website relating to Federal grants.
Sec. 4. Report on implementation.
Sec. 5. Strategic plan.
Sec. 6. Data standard requirements.
SEC. 2. REAUTHORIZATION.
Section 11 of the Federal Financial Assistance Management
Improvement Act of 1999 (31 U.S.C. 6101 note) is amended--
(1) in the section heading, by striking ``and sunset''; and
(2) by striking ``and shall cease to be effective 8 years
after such date of enactment''.
SEC. 3. WEBSITE RELATING TO FEDERAL GRANTS.
Section 6 of the Federal Financial Assistance Management
Improvement Act of 1999 (31 U.S.C. 6101 note) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively;
(2) by inserting after subsection (d) the following new
subsections:
``(e) Website Relating to Federal Grants.--
``(1) In general.--The Director shall establish and
maintain a public website that serves as a central point of
information and access for applicants for Federal grants.
``(2) Contents.--To the maximum extent possible, the
website established under this subsection shall include, at a
minimum, for each Federal grant--
``(A) the grant announcement;
``(B) the statement of eligibility relating to the
grant;
``(C) the application requirements for the grant;
``(D) the purposes of the grant;
``(E) the Federal agency funding the grant;
``(F) the deadlines for applying for and awarding
of the grant.
``(G) all applications received for the grant, set
forth in the single data standard adopted under section
9(b); and
``(H) all reports relating to the use of the grant,
set forth in the single data standard adopted under
section 9(b).
``(3) Use by applicants.--The website established under
this subsection shall, to the greatest extent practicable,
allow grant applicants to--
``(A) use the website with any computer platform;
``(B) search the website for all Federal grants by
type, purpose, funding agency, program source, and
other relevant criteria;
``(C) apply for a Federal grant using the website;
``(D) manage, track, and report on the use of
Federal grants using the website; and
``(E) provide all required certifications and
assurances for a Federal grant using the website.
``(4) Use by the public.--The website established under
this subsection shall, to the greatest extent practicable,
allow members of the public to--
``(A) view the items described in paragraph (2);
``(B) navigate easily among and between the items
described in paragraph (2) and other supporting
materials;
``(C) download grant applications and reports, in
the single data standard adopted under section 9,
individually or as a single data set; and
``(D) access individual grant applications and
reports at web addresses that are distinct, permanent,
unique, and searchable.
``(f) Publication of Information.--Nothing in this section shall be
construed as requiring the publication of information otherwise exempt
under section 552 of title 5, United States Code (popularly referred to
as the `Freedom of Information Act').''; and
(3) in subsection (h), as so redesignated, by striking
``All actions'' and inserting ``Except for actions relating to
establishing the website required under subsection (e), all
actions''.
SEC. 4. REPORT ON IMPLEMENTATION.
The Federal Financial Assistance Management Improvement Act of 1999
(31 U.S.C. 6101 note) is amended by striking section 7 and inserting
the following:
``SEC. 7. EVALUATION OF IMPLEMENTATION.
``(a) In General.--Not later than 9 months after the date of the
enactment of the Federal Financial Assistance Management Improvement
Act of 2009, and every 2 years thereafter until the date that is 15
years after the date of the enactment of the Federal Financial
Assistance Management Improvement Act of 2009, the Director shall
submit to Congress a report regarding the implementation of this Act.
``(b) Contents.--
``(1) In general.--Each report under subsection (a) shall
include, for the applicable period--
``(A) a list of all grants for which an applicant
may submit an application using the website established
under section 6(e);
``(B) a list of all Federal agencies that provide
Federal financial assistance to non-Federal entities;
``(C) a list of each Federal agency that has
complied, in whole or in part, with the requirements of
this Act;
``(D) for each Federal agency listed under
subparagraph (C), a description of the extent of the
compliance with this Act by the Federal agency;
``(E) a list of all Federal agencies exempted under
section 6(d);
``(F) for each Federal agency listed under
subparagraph (E)--
``(i) an explanation of why the Federal
agency was exempted; and
``(ii) a certification that the basis for
the exemption of the Federal agency is still
applicable;
``(G) a list of all common application forms that
have been developed that allow non-Federal entities to
apply, in whole or in part, for multiple Federal
financial assistance programs (including Federal
financial assistance programs administered by different
Federal agencies) through a single common application;
``(H) a list of all common forms and requirements
that have been developed that allow non-Federal
entities to report, in whole or in part, on the use of
funding from multiple Federal financial assistance
programs (including Federal financial assistance
programs administered by different Federal agencies);
``(I) a description of the efforts made by the
Director and Federal agencies to communicate and
collaborate with representatives of non-Federal
entities during the implementation of the requirements
under this Act;
``(J) a description of the efforts made by the
Director to work with Federal agencies to meet the
goals of this Act, including a description of working
groups or other structures used to coordinate Federal
efforts to meet the goals of this Act; and
``(K) identification and description of all systems
being used to disburse Federal financial assistance to
non-Federal entities.
``(2) Subsequent reports.--The second report submitted
under subsection (a), and each subsequent report submitted
under subsection (a), shall include--
``(A) a discussion of the progress made by the
Federal Government in meeting the goals of this Act,
including the amendments made by the Federal Financial
Assistance Management Improvement Act of 2009, and in
implementing the strategic plan submitted under section
8, including an evaluation of the progress of each
Federal agency that has not received an exemption under
section 6(d) towards implementing the strategic plan;
and
``(B) a compilation of the reports submitted under
section 8(c)(3) during the applicable period.
``(c) Definition of Applicable Period.--In this section, the term
`applicable period' means--
``(1) for the first report submitted under subsection (a),
the most recent full fiscal year before the date of the report;
and
``(2) for the second report submitted under subsection (a),
and each subsequent report submitted under subsection (a), the
period beginning on the date on which the most recent report
under subsection (a) was submitted and ending on the date of
the report.''.
SEC. 5. STRATEGIC PLAN.
(a) In General.--The Federal Financial Assistance Management
Improvement Act of 1999 (31 U.S.C. 6101 note) is further amended--
(1) by redesignating sections 8, 9, 10, and 11 as sections
9, 10, 11, and 12, respectively; and
(2) by inserting after section 7, as amended by this Act,
the following new section:
``SEC. 8. STRATEGIC PLAN.
``(a) In General.--Not later than 18 months after the date of the
enactment of the Federal Financial Assistance Management Improvement
Act of 2009, the Director shall submit to Congress a strategic plan
that--
``(1) identifies Federal financial assistance programs that
are suitable for common applications based on the common or
similar purposes of the Federal financial assistance;
``(2) identifies Federal financial assistance programs that
are suitable for common reporting forms or requirements based
on the common or similar purposes of the Federal financial
assistance;
``(3) identifies common aspects of multiple Federal
financial assistance programs that are suitable for common
application or reporting forms or requirements;
``(4) identifies changes in law, if any, needed to achieve
the goals of this Act; and
``(5) provides plans, timelines, and cost estimates for--
``(A) developing an entirely electronic, web-based
process for managing Federal financial assistance,
including the ability to--
``(i) apply for Federal financial
assistance;
``(ii) track the status of applications for
and payments of Federal financial assistance;
``(iii) report on the use of Federal
financial assistance, including how such use
has been in furtherance of the objectives or
purposes of the Federal financial assistance;
and
``(iv) provide required certifications and
assurances;
``(B) ensuring full compliance by Federal agencies
with the requirements of this Act, including the
amendments made by the Federal Financial Assistance
Management Improvement Act of 2009;
``(C) creating common applications for the Federal
financial assistance programs identified under
paragraph (1), regardless of whether the Federal
financial assistance programs are administered by
different Federal agencies;
``(D) establishing common financial and performance
reporting forms and requirements for the Federal
financial assistance programs identified under
paragraph (2), regardless of whether the Federal
financial assistance programs are administered by
different Federal agencies;
``(E) establishing common applications and
financial and performance reporting forms and
requirements for aspects of the Federal financial
assistance programs identified under paragraph (3),
regardless of whether the Federal financial assistance
programs are administered by different Federal
agencies;
``(F) developing mechanisms to ensure compatibility
between Federal financial assistance administration
systems and State systems to facilitate the importing
and exporting of data;
``(G) developing common certifications and
assurances, as appropriate, for all Federal financial
assistance programs that have common or similar
purposes, regardless of whether the Federal financial
assistance programs are administered by different
Federal agencies;
``(H) minimizing the number of different systems
used to disburse Federal financial assistance; and
``(I) applying the single data standard adopted
under section 9 to Federal grants and grant
applications.
``(b) Consultation.--In developing and implementing the strategic
plan under subsection (a), the Director shall consult with
representatives of non-Federal entities and Federal agencies that have
not received an exemption under section 6(d).
``(c) Federal Agencies.--
``(1) In general.--Not later than 6 months after the date
on which the Director submits the strategic plan under
subsection (a), the head of each Federal agency that has not
received an exemption under section 6(d) shall develop a plan
that describes how the Federal agency will carry out the
responsibilities of the Federal agency under the strategic
plan, which shall include--
``(A) clear performance objectives and timelines
for action by the Federal agency in furtherance of the
strategic plan; and
``(B) the identification of measures to improve
communication and collaboration with representatives of
non-Federal entities on an on-going basis during the
implementation of this Act.
``(2) Consultation.--The head of each Federal agency that
has not received an exemption under section 6(d) shall consult
with representatives of non-Federal entities during the
development and implementation of the plan of the Federal
agency developed under paragraph (1).
``(3) Reporting.--Not later than 2 years after the date on
which the head of a Federal agency that has not received an
exemption under section 6(d) develops the plan under paragraph
(1), and every 2 years thereafter until the date that is 15
years after the date of the enactment of the Federal Financial
Assistance Management Improvement Act of 2009, the head of the
Federal agency shall submit to the Director a report regarding
the progress of the Federal agency in achieving the objectives
of the plan of the Federal agency developed under paragraph
(1).''.
(b) Technical and Conforming Amendment.--Section 5(d) of the
Federal Financial Assistance Management Improvement Act of 1999 (31
U.S.C. 6101 note) is amended by inserting ``, until the date on which
the Federal agency submits the first report by the Federal agency
required under section 8(c)(3)'' after ``subsection (a)(7)''.
SEC. 6. DATA STANDARD REQUIREMENTS.
(a) Data Standard Requirements.--The Federal Financial Assistance
Management Improvement Act of 1999 (31 U.S.C. 6101 note) is further
amended--
(1) by redesignating sections 9, 10, 11, and 12 as sections
10, 11, 12, and 13, respectively; and
(2) by inserting after section 8, as added by this Act, the
following new section:
``SEC. 9. DATA STANDARD REQUIREMENTS.
``(a) Data Standard Requirements.--
``(1) Requirement.--The Director of the Office of
Management and Budget shall adopt a single data standard for
the collection, analysis, and dissemination of business and
financial information for use by private sector entities in
accordance with subsection (b) for information required to be
reported to the Federal Government, and a single data standard
for use by agencies within the Federal Government in accordance
with subsection (c) for Federal financial information.
``(2) Characteristics of data standards.--The single data
standards required by paragraph (1) shall--
``(A) be common across all agencies, to the maximum
extent practicable;
``(B) be a widely accepted, non-proprietary,
searchable, computer-readable format for business and
financial data;
``(C) be consistent with and implement--
``(i) United States generally accepted
accounting principles or Federal financial
accounting standards (as appropriate);
``(ii) industry best practices; and
``(iii) Federal regulatory requirements;
``(D) improve the transparency, consistency, and
usability of business and financial information; and
``(E) be capable of being continually upgraded to
be of maximum use as technologies and content evolve
over time.
``(b) Implementation of Single Data Standard for Private Sector.--
``(1) OMB guidance.--Not later than 180 days after the date
of the enactment of the Federal Financial Assistance Management
Improvement Act of 2009, the Director of the Office of
Management and Budget shall issue guidance to agencies on the
use and implementation of the single data standard required by
subsection (a) for information required to be reported to
agencies by the private sector.
``(2) Agency requirements.--
``(A) Requirement.--To the maximum extent
practicable and consistent with the guidance provided
by the Office of Management and Budget under paragraph
(1), the head of each agency shall require the use of
the single data standard required by subsection (a) for
business and financial information reported to the
agency by private sector companies.
``(B) Implementation.--The head of the agency shall
begin implementing the requirement of subparagraph (A)
within one year after the date of the enactment of the
Federal Financial Assistance Management Improvement Act
of 2009.
``(c) Implementation of Single Data Standard for Federal
Government.--
``(1) OMB development.--Not later than 1 year after the
date of the enactment of the Federal Financial Assistance
Management Improvement Act of 2009, the Director of the Office
of Management and Budget shall develop the single data standard
required by subsection (a) for use by agencies within the
Federal Government for Federal financial information.
``(2) OMB guidance.--Not later than 18 months after the
date of the enactment of the Federal Financial Assistance
Management Improvement Act of 2009, the Director shall issue
guidance to agencies on the use and implementation of the
single data standard developed under paragraph (1).
``(d) Public Access to Data.--The head of each agency shall ensure
that information collected using the single data standards required
under this section is accessible to the general public in that format
to the extent permitted by law.
``(e) Report.--Within one year after the date of the enactment of
the Federal Financial Assistance Management Improvement Act of 2009,
the Director of the Office of Management and Budget shall submit 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 a report on the status of the implementation of
this section.
``(f) Definitions.--In this section:
``(1) Agency.--The term `agency' means any executive
department, military department, Government corporation,
Government controlled corporation, independent establishment,
or other establishment in the executive branch of the
Government (including the Executive Office of the President),
or any independent regulatory agency, but does not include--
``(A) the Government Accountability Office;
``(B) the Federal Election Commission;
``(C) the governments of the District of Columbia
and of the territories and possessions of the United
States, and their various subdivisions; or
``(D) Government-owned contractor-operated
facilities, including laboratories engaged in national
defense research and production activities.
``(2) Executive department, military department, government
corporation, government controlled corporation, independent
establishment.--The terms `Executive department', `military
department', `Government corporation', `Government controlled
corporation', and `independent establishment' have the meanings
given those terms by chapter 1 of title 5, United States Code.
``(3) Independent regulatory agency.--The term `independent
regulatory agency' has the meaning given that term by section
3502(5) of title 44, United States Code.''.
(b) Requirement for Use of Single Data Standard by Federal
Agencies.--Section 5 of the Federal Financial Assistance Management
Improvement Act of 1999 (31 U.S.C. 6101 note) is amended by adding at
the end the following new subsection:
``(e) Single Data Standard Requirement.--To the maximum extent
practicable and consistent with the guidance provided by the Director
under section 9, each Federal agency shall require the use of the
single data standard adopted under section 9(b) for--
``(1) all applications for Federal financial assistance;
and
``(2) all reports on the use of Federal financial
assistance that the agency requires non-Federal entities to
submit.''.
Attest:
Clerk.
111th CONGRESS
1st Session
S. 303
_______________________________________________________________________
AMENDMENT