[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