[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2146 Engrossed in House (EH)]

112th CONGRESS
  2d Session
                                H. R. 2146

_______________________________________________________________________

                                 AN ACT


 
 To amend title 31, United States Code, to require accountability and 
       transparency in Federal spending, and for other purposes.

    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 ``Digital Accountability and 
Transparency Act of 2012'' or the ``DATA Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
      TITLE I--ACCOUNTABILITY AND TRANSPARENCY IN FEDERAL SPENDING

Sec. 101. General requirements for accountability and transparency in 
                            Federal spending.
Sec. 102. Data standardization for accountability and transparency in 
                            Federal spending.
Sec. 103. Amendments to the Federal Funding Accountability and 
                            Transparency Act of 2006.
Sec. 104. Effective date and deadlines for accountability and 
                            transparency in Federal spending.
 TITLE II--FEDERAL ACCOUNTABILITY AND SPENDING TRANSPARENCY COMMISSION

Sec. 201. Federal Accountability and Spending Transparency Commission.
Sec. 202. Conforming amendment relating to compensation of Chairman.
Sec. 203. Conforming amendments related to Recovery Accountability and 
                            Transparency Board.
                    TITLE III--ADDITIONAL PROVISIONS

Sec. 301. Classified information.
Sec. 302. Paperwork Reduction Act exemption.
Sec. 303. Matching program exception for inspectors general.
Sec. 304. Transfer of Consolidated Federal Funds Report.
Sec. 305. Transfer of authority over Catalog of Federal Domestic 
                            Assistance to Commission.
Sec. 306. Government Accountability Office Improvement.
Sec. 307. Amendments to the Inspector General Act of 1978 and the 
                            Inspector General Reform Act of 2008.
Sec. 308. Limits and transparency for travel and conference spending.
Sec. 309. Effective date.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``Commission'' means the Federal 
        Accountability and Spending Transparency Commission established 
        under subchapter III of chapter 36 of title 31, United States 
        Code, as added by this Act.
            (2) The term ``Executive agency'' has the meaning provided 
        by section 105 of title 5, United States Code, except the term 
        does not include the Government Accountability Office.

      TITLE I--ACCOUNTABILITY AND TRANSPARENCY IN FEDERAL SPENDING

SEC. 101. GENERAL REQUIREMENTS FOR ACCOUNTABILITY AND TRANSPARENCY IN 
              FEDERAL SPENDING.

    (a) In General.--Subtitle III of title 31, United States Code, is 
amended by inserting after chapter 35 the following new chapter:

   ``CHAPTER 36--ACCOUNTABILITY AND TRANSPARENCY IN FEDERAL SPENDING

                 ``subchapter i--reporting requirements

``3601. Definitions.
``3602. Recipient reporting requirement.
``3603. Agency reporting requirement.
``3604. Treasury reporting requirement.
``3605. Exemptions from recipient reporting requirement.
                  ``subchapter ii--data standardization

``3611. Data standardization for reporting information.
``3612. Full disclosure of information.
``3613. Federal accountability portal.
``3614. Agency responsibilities.
``3615. Consolidated financial reporting.
``3616. Office of Management and Budget responsibilities.
``3617. Treasury responsibilities.
``3618. General Services Administration responsibilities.
   ``subchapter iii--federal accountability and spending transparency 
                               commission

``3621. Establishment.
``3622. Composition of the Commission.
``3623. Functions.
``3624. Powers.
``3625. Employment, personnel, and related authorities.
``3626. Transfer of certain personnel.
``3627. Advisory committee to Commission.
``3628. Authorization and availability of appropriations.
``3629. Sunset.
                   ``subchapter iv--general provisions

``3641. Independence of inspectors general.
``3642. Effective date.

                 ``SUBCHAPTER I--REPORTING REQUIREMENTS

``Sec. 3601. Definitions
    ``In this chapter:
            ``(1) Recipient.--The term `recipient' means--
                    ``(A) any person that receives Federal funds 
                pursuant to a Federal award, either directly or through 
                a subgrant or subcontract at any tier; and
                    ``(B) any State, local, or tribal government, or 
                any government corporation, that receives Federal funds 
                pursuant to a Federal award, either directly or through 
                a subgrant or subcontract at any tier.
            ``(2) Federal award.--The term `Federal award' means 
        Federal financial assistance and expenditures that--
                    ``(A) include grants, subgrants, loans, awards, 
                cooperative agreements, agreements entered into under 
                other transactional authority, and other forms of 
                financial assistance; and
                    ``(B) include contracts, subcontracts, purchase 
                orders, task orders, and delivery orders.
            ``(3) Commission.--The term `Commission' means the Federal 
        Accountability and Spending Transparency Commission established 
        under subchapter III of this chapter, or any successor entity 
        to the Federal Accountability and Spending Transparency 
        Commission.
            ``(4) Chairman.--The term `Chairman' means the Chairman of 
        the Federal Accountability and Spending Transparency 
        Commission.
            ``(5) Executive agency.--The term `Executive agency' has 
        the meaning provided by section 105 of title 5, except the term 
        does not include the Government Accountability Office.
            ``(6) Foreign corrupt practices act of 1977.--The term 
        `Foreign Corrupt Practices Act of 1977' means--
                    ``(A) section 30A of the Securities Exchange Act of 
                1934 (15 U.S.C. 78dd-1); and
                    ``(B) sections 104 and 104A of the Foreign Corrupt 
                Practices Act (15 U.S.C. 78dd-2).
``Sec. 3602. Recipient reporting requirement
    ``(a) Requirement.--Each recipient shall report to the Commission 
each receipt and use of Federal funds pursuant to a Federal award.
    ``(b) Characteristics of Reports.--
            ``(1) Frequency of reports.--
                    ``(A) In general.--The Commission shall designate, 
                by rule, the frequency of reports to be submitted by 
                recipients under subsection (a), but the frequency 
                shall not be less than once each quarter.
                    ``(B) Deadlines.--The Commission shall, by rule, 
                specify deadlines by which a particular receipt or use 
                of Federal funds must be reported by a recipient under 
                subsection (a). In specifying deadlines under this 
                subparagraph, the Commission shall take into account 
                the capabilities of the management and accounting 
                systems and processes of recipients. The Commission 
                shall, by rule, provide for extensions of the deadlines 
                specified under this subparagraph in cases of hardship 
                or emergency.
                    ``(C) Continuous or automatic reporting.--To the 
                extent practicable, the Commission shall require 
                continuous or automatic reporting for compliance with 
                this section.
            ``(2) Content of reports.--Each report submitted by a 
        recipient under subsection (a) shall contain the following 
        information:
                    ``(A) An identification of the recipient, including 
                the recipient's name and location (including city, 
                county, State, congressional district, and country), 
                with location information provided in proper United 
                States Postal Service standardized format, including 
                ZIP+4, or proper international postal service 
                standardized format where applicable.
                    ``(B) An identification of the recipient and the 
                parent entity of the recipient, if the recipient is 
                owned by another entity.
                    ``(C) An identification of the Executive agency.
                    ``(D) An identification of the Federal award.
                    ``(E) If applicable, an identification of the 
                program pursuant to which the Federal award was 
                awarded.
                    ``(F) The total amount of Federal funds received 
                from that Executive agency for the Federal award, 
                during the period covered by the report.
                    ``(G) The amount of Federal funds from the Federal 
                award that were expended or obligated by the recipient 
                to projects or activities during the period covered by 
                the report.
                    ``(H) A list of all projects or activities for 
                which Federal funds were expended or obligated.
                    ``(I) If the Federal award is a prime award, an 
                identification of its immediate subawards.
                    ``(J) If the Federal award is a subaward, an 
                identification of its immediate prime award.
                    ``(K) Such additional information reasonably 
                related to the receipt and use of Federal funds as the 
                Commission shall, by rule, require.
            ``(3) Use of data standards.--The reports submitted under 
        this section shall use the common data elements and data 
        reporting standards designated by the Commission under section 
        3611 of this title.
    ``(c) Fulfillment of Requirements by Prime Awardees.--The 
Commission shall, by rule, permit prime awardees to fulfill the 
requirements of this section on behalf of subawardees, so long as all 
subaward tiers are reported.
    ``(d) Guidance by Commission.--The Commission shall issue guidance 
to recipients on compliance with this section.
    ``(e) Prepopulation.--To the extent practicable, the Commission 
shall prepopulate its electronic systems for the submission of reports 
required by this section with data submitted to it by agencies under 
section 3603 of this title, and shall permit recipients either to 
confirm that prepopulated data is correct or, if it is incorrect, to 
make corrections.
    ``(f) Registration.--Recipients required to report information 
under subsection (a) shall register with the Central Contractor 
Registration database or complete such other registration requirements 
as the Commission shall, by rule, require.
``Sec. 3603. Agency reporting requirement
    ``(a) Requirement.--Each Executive agency shall report to the 
Commission all obligations and expenditures of Federal funds.
    ``(b) Characteristics of Reports.--
            ``(1) Frequency of reports.--
                    ``(A) In general.--The Commission shall designate, 
                by rule, and after consultation with the Office of 
                Management and Budget, the frequency of reports to be 
                submitted by agencies under subsection (a), but the 
                frequency shall not be less than once each quarter.
                    ``(B) Deadlines.--The Commission shall, by rule, 
                and after consultation with the Office of Management 
                and Budget, specify the deadline by which an obligation 
                or expenditure must be reported by an agency under 
                subsection (a).
                    ``(C) Continuous or automatic reporting.--To the 
                extent practicable, the Commission shall require 
                continuous or automatic reporting for compliance with 
                this section.
            ``(2) Content of report.--
                    ``(A) Information relating to federal awards.--Each 
                report submitted by an Executive agency under 
                subsection (a) that relates to a Federal award shall 
                contain the following information for that Federal 
                award:
                            ``(i) An identification of the recipient, 
                        including the recipient's name and location 
                        (including city, State, congressional district, 
                        and country), with location information 
                        provided in proper United States Postal Service 
                        standardized format, including ZIP+4, or proper 
                        international postal service standardized 
                        format where applicable.
                            ``(ii) An identification of the recipient 
                        and the parent entity of the recipient, should 
                        the entity be owned by another entity.
                            ``(iii) An identification of the Executive 
                        agency.
                            ``(iv) An identification of the Federal 
                        award.
                            ``(v) If applicable, an identification of 
                        the program pursuant to which the Federal award 
                        was awarded.
                            ``(vi) If necessary, the total amount of 
                        the award.
                            ``(vii) The total amount of Federal funds 
                        received by the recipient from the Executive 
                        agency for the Federal award, during the period 
                        covered by the report.
                            ``(viii) Information on the award, 
                        including transaction type, funding agency, the 
                        North American Industry Classification System 
                        code or Catalog of Federal Domestic Assistance 
                        number (if applicable), the program source, and 
                        an award title descriptive of the purpose of 
                        each funding action.
                            ``(ix) Such additional information 
                        reasonably related to the Federal award as the 
                        Commission shall, by rule, require.
                    ``(B) Information not relating to federal awards.--
                The content of each report submitted by an Executive 
                agency under subsection (a) that does not relate to a 
                Federal award shall be designated by the Commission, by 
                rule, and after consultation with the Office of 
                Management and Budget.
                    ``(C) Identification information.--To the extent 
                practicable, reports submitted by agencies under 
                subsection (a) shall identify the programs, budget 
                functions, Treasury accounts, and appropriations 
                categories pursuant to which Federal funds are 
                obligated or expended.
                    ``(D) Use of other reporting information.--To the 
                extent practicable, the Commission shall permit 
                agencies to comply with subsection (a) by submitting 
                the same information that they submit or contribute for 
                other governmentwide reporting requirements, including 
                the following:
                            ``(i) For information about Federal 
                        awards--
                                    ``(I) the Federal assistance awards 
                                data system established pursuant to 
                                section 6102a of title 31, United 
                                States Code;
                                    ``(II) the Federal procurement data 
                                system established pursuant to section 
                                1122(a)(4) of title 41, United States 
                                Code;
                                    ``(III) the common application and 
                                reporting system established pursuant 
                                to section 6 of the Federal Financial 
                                Assistance Management Improvement Act 
                                of 1999 (31 U.S.C. 6101 note); or
                                    ``(IV) such systems as may be 
                                established to replace or supplement 
                                the systems identified in this clause.
                            ``(ii) For information about internal 
                        expenditures and accounting, the Federal 
                        Agencies' Centralized Trial-Balance Systems 
                        (FACTS I and FACTS II), the Governmentwide 
                        Financial Report System (GFRS), the 
                        Intragovernmental Fiduciary Confirmation System 
                        (IFCS), or such systems as may be established 
                        to replace or supplement such systems.
            ``(3) Use of data standards.--The reports submitted under 
        this section shall use the common data elements and data 
        reporting standards designated by the Commission under section 
        3611 of this title.
            ``(4) Information also subject to recipient reporting 
        requirement.--In complying with this section, each Executive 
        agency shall identify, to the extent practicable, Federal 
        awards made by the agency that are subject to the recipient 
        reporting requirement of section 3602 of this title so that 
        information reported by recipients and information reported by 
        the agency can be directly compared.
    ``(c) Guidance by Commission.--The Commission shall issue guidance 
to Executive agencies on compliance with this section.
    ``(d) Commission to Monitor Compliance.--The Commission shall 
regularly report to Congress on each Executive agency's compliance with 
this section, including the timeliness, completeness, accuracy, and 
interoperability of the data submitted by each Executive agency. The 
Commission shall make these reports publicly available 
contemporaneously online.
``Sec. 3604. Treasury reporting requirement
    ``(a) Requirement.--The Department of the Treasury shall report to 
the Commission disbursements of Federal funds.
    ``(b) Characteristics of Reports.--
            ``(1) Frequency of reports.--
                    ``(A) In general.--The Commission and the Secretary 
                of the Treasury shall determine the frequency of 
                reports submitted by the Department of the Treasury 
                under subsection (a), but the frequency shall not be 
                less than once each quarter.
                    ``(B) Continuous or automatic reporting.--To the 
                extent practicable, the Commission and the Department 
                of the Treasury shall establish continuous or automatic 
                reporting for compliance with this section.
            ``(2) Content of report.--
                    ``(A) The Commission and the Secretary of the 
                Treasury shall determine the content of reports 
                submitted by the Department of the Treasury under 
                subsection (a).
                    ``(B) To the extent practicable, reports submitted 
                by the Department of the Treasury under subsection (a) 
                shall identify the programs, budget functions, Treasury 
                accounts, and appropriations categories pursuant to 
                which Federal funds are disbursed.
            ``(3) Use of data standards.--The reports submitted under 
        this section shall use the common data elements and data 
        reporting standards designated by the Commission under section 
        3611 of this title.
    ``(c) Commission to Monitor Compliance.--The Commission shall 
regularly submit to Congress reports on compliance by the Department of 
the Treasury with this section, including the timeliness, completeness, 
accuracy, and interoperability of the data submitted. The Commission 
shall make all reports submitted under this subsection publicly 
available contemporaneously online.
``Sec. 3605. Exemptions from recipient reporting requirement
    ``(a) Exemption.--A recipient is exempt from the reporting 
requirement of section 3602 of this title with respect to funds 
received pursuant to a Federal award if--
            ``(1) the recipient is an individual; and
            ``(2) either--
                    ``(A) the total amount of Federal funds received by 
                the recipient does not exceed $100,000 in the current 
                calendar year or fiscal year; or
                    ``(B) no transaction in which the recipient has 
                received Federal funds during the current calendar year 
                or fiscal year has exceeded $24,999.
    ``(b) Authority to Grant Additional Exemptions.--The Commission 
may, by rule, grant additional exemptions under this section for 
classes or categories of recipients.
    ``(c) Adjustment for Inflation.--The Commission shall, by rule, 
provide for an adjustment of the dollar thresholds specified in 
subsection (a)(2) to maintain the constant dollar value of the 
threshold.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
subtitle III of title 31, United States Code, is amended by inserting 
after the item relating to chapter 35 the following new item:

``36. Accountability and Transparency in Federal Spending...    3601''.

SEC. 102. DATA STANDARDIZATION FOR ACCOUNTABILITY AND TRANSPARENCY IN 
              FEDERAL SPENDING.

    Chapter 36 of title 31, United States Code, as added by section 
101, is amended by adding at the end the following new subchapter:

                 ``SUBCHAPTER II--DATA STANDARDIZATION

``Sec. 3611. Data standardization for reporting information
    ``(a) Common Data Elements.--
            ``(1) Requirement.--The Commission shall, by rule, 
        designate common data elements, such as codes, identifiers, and 
        fields, for information required to be reported by recipients 
        and agencies under this chapter, including identifiers for 
        recipients, awards, and agencies.
            ``(2) Characteristics of common data elements.--The common 
        data elements designated under this subsection shall, to the 
        extent practicable, be nonproprietary.
            ``(3) Existing common data elements.--In designating common 
        data elements under this subsection, the Commission shall, to 
        the extent practicable, ensure interoperability and incorporate 
        the following:
                    ``(A) Common data elements developed and maintained 
                by an international voluntary consensus standards body, 
                as defined by the Office of Management and Budget, such 
                as the International Organization for Standardization.
                    ``(B) Common data elements developed and maintained 
                by intragovernmental partnerships, such as the National 
                Information Exchange Model.
                    ``(C) Common data elements developed and maintained 
                by Federal entities with authority over contracting and 
                financial assistance, such as the Federal Acquisition 
                Regulatory Council.
                    ``(D) Common data elements developed and maintained 
                by accounting standards organizations.
    ``(b) Data Reporting Standards.--
            ``(1) Requirement.--The Commission shall, by rule, 
        designate data reporting standards to govern the reporting 
        required to be performed by recipients and agencies under this 
        title.
            ``(2) Characteristics of data reporting standards.--The 
        data reporting standards designated under this subsection 
        shall, to the extent practicable--
                    ``(A) incorporate a widely accepted, 
                nonproprietary, searchable, platform-independent 
                computer-readable format;
                    ``(B) be consistent with and implement applicable 
                accounting principles; and
                    ``(C) be capable of being continually upgraded as 
                necessary.
            ``(3) Existing data reporting standards.--In designating 
        reporting standards under this subsection, the Commission 
        shall, to the extent practicable, incorporate existing 
        nonproprietary standards, such as the eXtensible Business 
        Reporting Language (XBRL).
``Sec. 3612. Full disclosure of information
    ``The Commission shall publish online all information submitted by 
recipients and agencies pursuant to sections 3602, 3603, and 3604 of 
this title in accordance with the Federal Funding Accountability and 
Transparency Act of 2006 (31 U.S.C. 6101 note).
``Sec. 3613. Federal accountability portal
    ``(a) Requirement.--The Commission shall establish and maintain a 
government-wide Internet-based data access system, to be known as a 
`Federal accountability portal', to carry out the functions described 
in subsection (b).
    ``(b) Functions.--
            ``(1) In general.--The Federal accountability portal shall 
        incorporate--
                    ``(A) information submitted by recipients and 
                agencies under sections 3602, 3603, and 3604 of this 
                title;
                    ``(B) other information maintained by Federal, 
                State, local, and foreign government agencies; and
                    ``(C) other commercially and publicly available 
                information.
            ``(2) Specific functions.--The Federal accountability 
        portal shall be designed and operated to carry out the 
        following functions:
                    ``(A) Combine information submitted by recipients 
                and agencies under sections 3602, 3603, and 3604 of 
                this title with other compilations of information, 
                including those listed in paragraph (1).
                    ``(B) Permit Executive agencies, in accordance with 
                applicable law, to verify the eligibility and 
                responsibility of recipients and potential recipients 
                with respect to the receipt and use of Federal funds.
                    ``(C) Permit Executive agencies, inspectors 
                general, law enforcement agencies, and appropriate 
                State authorities, in accordance with applicable law, 
                to track Federal awards and recipients to detect and 
                prevent waste, fraud, and abuse.
                    ``(D) Serve as the primary accountability portal 
                for the entire Federal Government.
    ``(c) Guidance by Commission.--The Commission shall issue guidance 
on the use of and access to the Federal accountability portal.
``Sec. 3614. Agency responsibilities
    ``(a) Requirement.--As a condition of receipt of Federal funds of 
an Executive agency pursuant to any Federal award, the Executive agency 
shall require any recipient of such funds to provide the information 
required under section 3602 of this title.
    ``(b) Penalties for Recipient Noncompliance.--
            ``(1) In general.--The head of an Executive agency may 
        impose a civil penalty in an amount not more than $250,000 on a 
        recipient of Federal funds from that Executive agency that does 
        not provide the information required under section 3602 of this 
        title or provides information that contains a material omission 
        or misstatement.
            ``(2) Nonpreclusion.--The imposition of a civil penalty 
        under this subsection does not preclude any other criminal or 
        civil statutory, common law, or administrative remedy that is 
        available by law to the United States or any other person. Any 
        amounts received from a civil penalty under this subsection 
        shall be deposited in the Treasury of the United States to the 
        credit of the appropriation or appropriations from which the 
        award is made.
            ``(3) Notification.--The head of an Executive agency shall 
        provide a written notification to a recipient that fails to 
        provide the information required under section 3602 of this 
        title or provides information that contains a material omission 
        or misstatement. Such notification shall provide the recipient 
        with information on how to comply with the requirements of such 
        section 3602 and notice of the penalties for failing to do so. 
        The head of the Executive agency may not impose a civil penalty 
        under paragraph (1) until 60 days after the date of the 
        notification.
    ``(c) Compliance With Commission Guidance.--Executive agencies 
shall comply with the instructions and guidance issued by the 
Commission under this Act.
    ``(d) Information and Assistance.--
            ``(1) In general.--Upon request of the Commission for 
        information or assistance from any Executive agency or other 
        entity of the Federal Government, the head of such entity 
        shall, insofar as is practicable and not in contravention of 
        any existing law, furnish such information or assistance to the 
        Commission, or an authorized designee.
            ``(2) Report of refusals.--Whenever information or 
        assistance requested by the Commission is, in the judgment of 
        the Commission, unreasonably refused or not provided, the 
        Commission shall report the circumstances to Congress.
    ``(e) Requirement to Use Common Data Elements and Data Reporting 
Standards.--After the Commission designates any common data element or 
data reporting standard under section 3611 of this title, each 
Executive agency shall issue guidance that requires every recipient of 
Federal funds under any of its Federal awards to use that common data 
element or data reporting standard for any information reported to that 
Executive agency to which the common data element or data reporting 
standard is applicable.
    ``(f) Prepopulation.--To the extent practicable, each Executive 
agency shall use data from the website maintained by the Commission 
under the Federal Funding Accountability and Transparency Act of 2006 
(31 U.S.C. 6101 note) to prepopulate any electronic systems maintained 
by that agency for the submission of reports on the receipt and use of 
Federal funds distributed by that agency.
``Sec. 3615. Consolidated financial reporting
    ``(a) Report Identifying Recipient Financial Reporting Requirements 
to Be Consolidated.--In consultation with the Office of Management and 
Budget, each Executive agency shall, not later than two years after the 
effective date of this chapter, submit to the President, Congress, and 
the Commission a report that--
            ``(1) describes any agency-specific financial reporting 
        requirements for recipients of Federal funds pursuant to a 
        Federal award from the agency;
            ``(2) identifies every element of information that such 
        recipients must regularly submit to the agency pursuant to such 
        requirements; and
            ``(3) for each element so identified, identifies whether 
        that element or a similar element is already being reported to 
        the Commission by such recipients under this title.
    ``(b) Date Certain That Recipients May Use Consolidated Financial 
Reporting.--Beginning on the date that is three years after the 
effective date of this chapter, recipients of Federal funds are deemed 
to have satisfied the agency-specific financial reporting requirements 
identified in the reports required by subsection (a) by transmitting 
the same information to the Commission, in a manner prescribed by the 
Commission.
    ``(c) Recipient Notification.--After an Executive agency has 
submitted its report under subsection (a), the Executive agency shall 
issue guidance notifying recipients of Federal funds under its awards 
that they may, as of the date that is three years after the effective 
date of this chapter, satisfy those agency-specific financial reporting 
requirements identified by the agency in its report required under 
subsection (a) by reporting the same information to the Commission 
only.
    ``(d) Commission Responsibilities.--
            ``(1) After an Executive agency submits its report under 
        subsection (a), the Commission shall promulgate rules 
        describing the manner in which the agency-specific financial 
        reporting requirements identified in the report may be met by 
        recipients of Federal funds from that agency through reporting 
        to the Commission only.
            ``(2) Upon receipt of agency-specific financial reporting 
        information as described under this section, the Commission 
        shall immediately make such information available to the 
        Executive agency to which the information had previously been 
        required to be submitted.
``Sec. 3616. Office of Management and Budget responsibilities
    ``After the Commission designates any common data element or data 
reporting standard under section 3611 of this title, the Director of 
the Office of Management and Budget shall issue guidance that requires 
Executive agencies to use that common data element or data reporting 
standard for any information reported by Executive agencies to the 
Office of Management and Budget to which the common data element or 
data reporting standard is applicable.
``Sec. 3617. Treasury responsibilities
    ``After the Commission designates any common data element or data 
reporting standard under section 3611 of this title, the Secretary of 
the Treasury shall issue guidance that requires Executive agencies to 
use that common data element or data reporting standard for any 
information reported by Executive agencies to the Department of the 
Treasury to which the common data element or data reporting standard is 
applicable.
``Sec. 3618. General Services Administration responsibilities
    ``After the Commission designates any common data element or data 
reporting standard under section 3611 of this title, the Administrator 
of General Services shall apply that common data element or data 
reporting standard for any information contained in acquisition-related 
databases maintained by the General Services Administration to which 
the common data element or data reporting standard is applicable.''.

SEC. 103. AMENDMENTS TO THE FEDERAL FUNDING ACCOUNTABILITY AND 
              TRANSPARENCY ACT OF 2006.

    (a) Additional Requirements for USASpending.gov.--Section 2(c) of 
the Federal Funding Accountability and Transparency Act of 2006 (31 
U.S.C. 6101 note) is amended--
            (1) by striking paragraphs (1) and (2);
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (1), (2), and (3), respectively; and
            (3) by adding at the end the following new paragraphs:
            ``(4) shall, to the extent practicable, publish data under 
        this section in a manner that complies with applicable 
        principles and best practices in the private sector for the 
        publication of open government data;
            ``(5) shall serve as a public portal for Federal financial 
        information, including information concerning all Federal 
        awards and information concerning the expenditure of all 
        Federal funds;
            ``(6) shall--
                    ``(A) make available all information published 
                under subsections (b), (c), and (d) in a reasonably 
                timely manner;
                    ``(B) make available all information published 
                under subsections (b), (c), and (d), using the common 
                data elements and data reporting standards designated 
                by the Commission under section 3611 of title 31, 
                United States Code;
                    ``(C) make available all information published 
                under subsections (b), (c), and (d) without charge, 
                license, or registration requirement;
                    ``(D) permit all information published under 
                subsections (b), (c), and (d) to be searched and 
                aggregated;
                    ``(E) permit all information published under 
                subsections (b), (c), and (d) to be downloaded, 
                including downloaded in bulk;
                    ``(F) to the extent practicable, disseminate 
                information published under subsections (b), (c), and 
                (d) via automatic electronic means;
                    ``(G) to the extent practicable, permit information 
                published under subsections (b), (c), and (d) to be 
                freely shared by the public, such as by social media; 
                and
                    ``(H) to the extent practicable, use permanent 
                uniform resource locators for information published 
                under subsections (b), (c), and (d).''.
    (b) Requirement to Report All Data Submitted Under DATA Act and 
Chapter 61 of Title 31 on USASpending.gov.--Section 2 of the Federal 
Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 
note), as amended by subsection (a), is further amended--
            (1) by striking subsections (d) and (e);
            (2) by redesignating subsection (c) as subsection (e); and
            (3) by inserting after subsection (b) the following new 
        subsections (c) and (d):
    ``(c) Full Disclosure of Data Submitted Under the Digital 
Accountability and Transparency Act of 2012.--
            ``(1) Requirement.--The Commission shall publish on the 
        website established under this section all information 
        submitted by recipients and agencies pursuant to sections 3602, 
        3603, and 3604 of title 31, United States Code, as added by the 
        Digital Accountability and Transparency Act of 2012.
            ``(2) Aggregation of information that is exempt from 
        recipient reporting requirement.--The Commission shall publish, 
        online and in the aggregate, information that is exempt from 
        recipient reporting under section 3605 of such title but that 
        is reported by an Executive agency under section 3603 of such 
        title in the aggregate.
    ``(d) Full Disclosure of Information Required by Chapter 61 of 
Title 31.--The Commission shall publish on the website established 
under this section all information contained in the information system 
required under section 6103 of title 31, United States Code.''.
    (c) Additional Definitions.--Subsection 2(a) of the Federal Funding 
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) is 
amended by adding at the end the following:
            ``(4) Recipient.--The term `recipient' means--
                    ``(A) any person that receives Federal funds 
                pursuant to a Federal award, either directly or through 
                a subgrant or subcontract at any tier; and
                    ``(B) any State, local, or tribal government, or 
                any government corporation, that receives Federal funds 
                pursuant to a Federal award, either directly or through 
                a subgrant or subcontract at any tier.
            ``(5) Commission.--The term `Commission' means the Federal 
        Accountability and Spending Transparency Commission established 
        under subchapter III of chapter 36 of title 31, United States 
        Code, or any successor entity to the Federal Accountability and 
        Spending Transparency Commission.''.
    (d) New Technologies.--Section 2(f) of the Federal Funding 
Accountability and Transparency Act of 2006 is amended--
            (1) by striking ``Nothing'' and inserting the following:
            ``(1) Access to other data.--Nothing''; and
            (2) by adding at the end the following new paragraph:
            ``(2) New technologies.--Nothing in this Act shall prohibit 
        the Commission from complying with the requirements of this 
        section using such new technologies as may replace websites for 
        data publication and dissemination.''.
    (e) Conforming Amendments to Replace OMB With Commission for 
Management of USASpending.gov.--Section 2 of such Act (31 U.S.C. 6101 
note) is further amended--
            (1) in subsection (b), by striking ``Office of Management 
        and Budget'' and inserting ``Commission'' both places it 
        appears in paragraph (1); and
            (2) in subsection (g), by striking ``Director of the Office 
        of Management and Budget'' and inserting ``Commission'' in 
        paragraph (1) and in paragraph (3).
    (f) Repeal of Superseded Provisions.--Section 2(b) of such Act (31 
U.S.C. 6101 note) is further amended by striking paragraphs (3) and 
(4).
    (g) Technical and Conforming Amendments.--Such Act (31 U.S.C. 6101 
note) is further amended--
            (1) in section 2(b), by striking ``Not later than January 
        1, 2008, the'' and inserting ``The''; and
            (2) in section 2(g)--
                    (A) by striking ``Committee on Government Reform'' 
                and inserting ``Committee on Oversight and Government 
                Reform''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``and'' at the end of 
                        subparagraph (A);
                            (ii) by striking ``; and'' at the end of 
                        subparagraph (B) and inserting a period; and
                            (iii) by striking subparagraph (C).

SEC. 104. EFFECTIVE DATE AND DEADLINES FOR ACCOUNTABILITY AND 
              TRANSPARENCY IN FEDERAL SPENDING.

    (a) Effective Date.--Chapter 36 of title 31, United States Code, as 
added by section 101, is further amended by adding at the end the 
following new subchapter:

                  ``SUBCHAPTER IV--GENERAL PROVISIONS

``Sec. 3641. Independence of inspectors general
    ``Nothing in this chapter shall affect the independent authority or 
discretion of an inspector general to determine whether or how to 
conduct an audit, investigation, or any other function authorized by 
the Inspector General Act of 1978 (5 U.S.C. App.), or to disclose any 
information relating to an audit or investigation.
``Sec. 3642. Effective date
    ``This chapter takes effect on the date of the enactment of this 
chapter.''.
    (b) Deadlines for Implementation.--
            (1) Deadline for appointment of commissioners.--Within 60 
        days after the effective date of this Act, the President shall 
        appoint Commissioners to the Commission under section 3622 of 
        title 31, United States Code, as added by this Act.
            (2) Commission deadlines.--
                    (A) Within 60 days after the effective date of this 
                Act, the Commission shall establish the committee 
                required under section 3627 of title 31, United States 
                Code, as added by this Act.
                    (B) Within 180 days after the effective date of 
                this Act, the Commission shall--
                            (i) promulgate rules and issue guidance 
                        under sections 3602 and 3603 of title 31, 
                        United States Code, as added by this Act;
                            (ii) together with the Secretary of the 
                        Treasury, determine the frequency and content 
                        of reports to be submitted to the Commission by 
                        the Department of the Treasury under section 
                        3604 of such title, as so added;
                            (iii) designate common data elements under 
                        section 3611(a) of such title and data 
                        reporting standards under section 3611(b) of 
                        such title, as so added; and
                            (iv) establish one or more websites under 
                        the Federal Funding Accountability and 
                        Transparency Act of 2006, as amended by this 
                        Act.
            (3) Agency and department deadlines.--
                    (A) Within one year after the effective date of 
                this Act, each Executive agency shall implement section 
                3614(a) of title 31, United States Code, as added by 
                this Act.
                    (B) Within two years after the Commission 
                designates any common data element or data reporting 
                standard under section 3611 of such title, as so 
                added--
                            (i) each Executive agency shall issue 
                        guidance under section 3614(e) of such title, 
                        as so added;
                            (ii) the Director of the Office of 
                        Management and Budget shall issue guidance 
                        under section 3615 of such title, as so added; 
                        and
                            (iii) the Administrator of General Services 
                        shall take the actions required under section 
                        3617 of such title, as so added.
            (4) Treasury deadlines.--
                    (A) Within 180 days after the effective date of 
                this Act, the Secretary of the Treasury, together with 
                the Commission, shall determine the frequency and 
                content of reports to be submitted to the Commission by 
                the Department of the Treasury under section 3604 of 
                title 31, United States Code, as added by this Act.
                    (B) Within 180 days after the Commission and the 
                Secretary of the Treasury determine the frequency and 
                content of reports to be submitted to the Commission by 
                the Department of the Treasury under section 3604 of 
                such title, as so added, the Department of the Treasury 
                shall begin to submit such reports to the Commission.
                    (C) Within two years after the Commission 
                designates any common data element or data reporting 
                standard under section 3611 of such title, as so added, 
                the Secretary of the Treasury shall issue guidance 
                under section 3616 of such title, as so added.
            (5) Recipient deadlines.--Notwithstanding any other 
        provision of this Act or the amendments made by this Act, no 
        recipient shall be required to comply with this Act or such 
        amendments until 180 days after the Commission has issued rules 
        and guidance under section 3602 of title 31, United States 
        Code, as added by this Act.
            (6) Transfer of usaspending.gov.--Within 180 days after the 
        effective date of this Act, the Commission and the Office of 
        Management and Budget shall transfer the management and control 
        of USASpending.gov from the Office of Management and Budget to 
        the Commission, as required by the Federal Funding 
        Accountability and Transparency Act of 2006, as amended by this 
        Act.

 TITLE II--FEDERAL ACCOUNTABILITY AND SPENDING TRANSPARENCY COMMISSION

SEC. 201. FEDERAL ACCOUNTABILITY AND SPENDING TRANSPARENCY COMMISSION.

    Chapter 36 of title 31, United States Code, as added by section 
101, is further amended by inserting after subchapter II the following 
new subchapter:

  ``SUBCHAPTER III--FEDERAL ACCOUNTABILITY AND SPENDING TRANSPARENCY 
                               COMMISSION

``Sec. 3621. Establishment
    ``(a) Establishment.--There is established the Federal 
Accountability and Spending Transparency Commission as an independent 
agency in the Executive Branch.
    ``(b) Functions and Powers Transferred.--
            ``(1) Functions transferred.--Except as provided in this 
        section, there are transferred to the Commission all functions 
        of the Recovery Accountability and Transparency Board.
            ``(2) Powers, authorities, rights, and duties.--The Federal 
        Accountability and Spending Transparency Commission shall 
        succeed to all powers, authorities, rights, and duties that 
        were vested in the Recovery Accountability and Transparency 
        Board on the day before the effective date of this chapter.
``Sec. 3622. Composition of the Commission
    ``(a) Members.--
            ``(1) In general.--The Commission shall be composed of five 
        Commissioners who shall be appointed by the President, by and 
        with the consent of the Senate.
            ``(2) Party affiliation.--Not more than three of the 
        members of the Commission shall be members of the same 
        political party.
            ``(3) Term.--Each Commissioner shall hold office for a term 
        of five years and until a successor is appointed and has 
        qualified, except that--
                    ``(A) a Commissioner shall not so continue to serve 
                beyond the expiration of the next session of Congress 
                subsequent to the expiration of such term of office;
                    ``(B) any Commissioner appointed to fill a vacancy 
                occurring prior to the expiration of the term for which 
                that Commissioner's predecessor was appointed shall be 
                appointed for the remainder of such term; and
                    ``(C) the terms of office of the Commissioners 
                first taking office after the enactment of this 
                paragraph shall expire as designated by the President 
                at the time of nomination, one at the end of one year, 
                one at the end of two years, one at the end of three 
                years, one at the end of four years, and one at the end 
                of five years.
            ``(4) Compensation.--An individual appointed to the 
        Commission under this subsection shall be compensated at the 
        rate of basic pay prescribed for level III of the Executive 
        Schedule under section 5314 of title 5.
    ``(b) Chairman.--
            ``(1) In general.--The President shall appoint, by and with 
        the advice and consent of the Senate, a member of the 
        Commission as Chairman, who shall serve as Chairman at the 
        pleasure of the President. An individual may be appointed as 
        Chairman at the same time that person is appointed as a 
        Commissioner. At any time, the President may appoint, by and 
        with the advise and consent of the Senate, a different 
        Chairman, and the Commissioner previously appointed as Chairman 
        may complete that Commissioner's term as a Commissioner.
            ``(2) Duties.--The Chairman shall be the chief 
        administrative officer of the Commission and shall preside at 
        meetings of the Commission.
            ``(3) Powers and functions.--
                    ``(A) Except as otherwise provided in this 
                paragraph and in section 3625 of this chapter, the 
                executive and administrative functions of the 
                Commission, including functions of the Commission with 
                respect to the appointment and supervision of personnel 
                employed under the Commission, the distribution of 
                business among such personnel and among administrative 
                units of the Commission, and the use and expenditure of 
                funds, according to budget categories, plans, programs, 
                and priorities established and approved by the 
                Commission, shall be exercised solely by the Chairman.
                    ``(B) In carrying out any of his functions under 
                the provisions of this paragraph, the Chairman shall be 
                governed by the general policies, plans, priorities, 
                and budgets approved by the Commission and by such 
                regulatory decisions, findings, and determinations as 
                the Commission may by law be authorized to make.
                    ``(C) The appointment by the Chairman of the heads 
                of major administrative units under the Commission 
                shall be subject to the approval of the Commission.
                    ``(D) Personnel employed regularly and full time in 
                the immediate offices of Commissioners other than the 
                Chairman shall not be affected by the provisions of 
                this paragraph.
                    ``(E) The Commission shall be responsible for the 
                functions of revising budget estimates of the 
                Commission and determining the distribution of 
                appropriated funds according to major programs and 
                purposes of the Commission.
                    ``(F) The Chairman may authorize the performance by 
                any officer, employee, or administrative unit under the 
                Chairman's jurisdiction of any functions of the 
                Chairman under this paragraph.
            ``(4) Limitation on terms.--No person appointed as Chairman 
        under this subsection shall serve as Chairman for more than 10 
        years, whether or not such service is consecutive.
            ``(5) Interim chairman.--Upon the effective date of this 
        chapter, the person serving as Chairperson of the Recovery 
        Accountability and Transparency Board on the day before the 
        effective date of this chapter shall serve as acting Chairman 
        of the Commission until the President appoints a Chairman of 
        the Commission pursuant to this subsection.
    ``(c) Vacancies.--A vacancy in the Commission shall not impair the 
right of the remaining Commissioners to exercise all the powers of the 
Commission.
``Sec. 3623. Functions
    ``(a) In General.--The Commission shall--
            ``(1) be responsible for the collection, storage, and 
        public disclosure of information about Federal spending;
            ``(2) serve as the authoritative government source for the 
        information about Federal spending that it collects; and
            ``(3) coordinate and conduct oversight of Federal funds in 
        order to prevent waste, fraud, and abuse.
    ``(b) Specific Functions.--The functions of the Commission shall 
include each of the following:
            ``(1) Receiving, storing, and publicly disseminating all of 
        the information that is reported to it under sections 3602, 
        3603, and 3604 of this title.
            ``(2) Reviewing whether reporting under section 3602 of 
        this title meets applicable standards and specifies the purpose 
        of the Federal award and measures of performance.
            ``(3) Identifying possible criminal activity and referring 
        such matters to appropriate Federal, State, and local law 
        enforcement authorities.
            ``(4) Supporting ongoing criminal investigations, 
        prosecutions, and related proceedings.
            ``(5) Furnishing research, analytical, and informational 
        services to Executive agencies, inspectors general, law 
        enforcement agencies, and appropriate State authorities in the 
        interest of detection, prevention, and prosecution of waste, 
        fraud, and abuse of Federal funds.
            ``(6) Regularly evaluating the quality of the data 
        submitted to it under sections 3602, 3603, and 3604 of this 
        title.
            ``(7) Standardizing common data elements and data reporting 
        standards to foster transparency and accountability for Federal 
        spending, as required by section 3611 of this title.
            ``(8) Reviewing whether there are appropriate mechanisms 
        for interagency collaboration relating to Federal funds, 
        including coordinating and collaborating to the extent 
        practicable with the Council of the Inspectors General on 
        Integrity and Efficiency established by section 11 of the 
        Inspector General Act of 1978 (5 U.S.C. App.).
            ``(9) Issuing a report in accordance with subsection (e) on 
        the feasibility of collecting and publishing online tax 
        expenditures data.
    ``(c) Priorities in Analyses and Reviews.--
            ``(1) In general.--To the extent practicable, the 
        Commission shall give high priority to analyses and reviews 
        relating to Federal funds--
                    ``(A) awarded without the use of competitive 
                procedures; or
                    ``(B) awarded to any contractor found to be in 
                violation of the Foreign Corrupt Practices Act of 1977.
            ``(2) Identification.--The Commission shall identify any 
        contractor found to be in violation of the Foreign Corrupt 
        Practices Act of 1977 as a violator of such Act in any contract 
        information related to such contractor published online under 
        the Federal Funding Accountability and Transparency Act of 
        2006.
    ``(d) Report Requirements.--
            ``(1) Reports.--
                    ``(A) Regular reports on data quality audits.--The 
                Commission shall regularly submit to the President and 
                Congress reports on its audits of the quality of the 
                data submitted to it under sections 3602, 3603, and 
                3604 of this title.
                    ``(B) Semi-annual reports on activities.--The 
                Commission shall submit semi-annual reports to the 
                President and Congress, summarizing the activities and 
                findings of the Commission and, in the Commission's 
                discretion, the findings of inspectors general of 
                Executive agencies that relate to the Commission's 
                activities during the reporting period.
                    ``(C) Report on savings.--Not later than five years 
                after the effective date of this chapter, the 
                Commission shall submit to the President, Congress, and 
                the Comptroller General of the United States a report 
                containing estimates of the direct and indirect cost 
                savings to the Treasury achieved as a result of the 
                Commission's activities.
                    ``(D) Other reports.--Section 2(f) of the Federal 
                Funding Accountability and Transparency Act of 2006 
                requires another report by the Commission.
            ``(2) Public availability.--The Commission shall make all 
        reports submitted under paragraph (1) publicly available 
        contemporaneously online.
            ``(3) GAO evaluation.--Upon receipt of the report submitted 
        by the Commission under paragraph (1)(C), the Comptroller 
        General shall conduct an evaluation of the report and submit 
        the evaluation to Congress within six months after receipt of 
        the report, with such findings and recommendations as the 
        Comptroller General considers appropriate.
    ``(e) Tax Expenditures Report.--
            ``(1) In general.--For purposes of subsection (b)(7), not 
        later than one year after the effective date of this chapter, 
        the Commission shall submit to the appropriate congressional 
        committees a report on tax expenditures data that includes the 
        following:
                    ``(A) A description of processes that could be put 
                in place to collect and disseminate tax expenditures 
                data, and the potential effects of making such data 
                publicly available on the Internal Revenue Service, 
                taxpayers, and other relevant parties determined by the 
                Commission.
                    ``(B) Any changes in law that are needed to make 
                such tax expenditures data publicly available.
            ``(2) Tax expenditures defined.--In this section, the term 
        `tax expenditures' has the meaning given that term in section 
        3(3) of the Congressional Budget and Impoundment Control Act of 
        1974 (2 U.S.C. 622(3)).
            ``(3) Public availability.--The Commission shall make the 
        report submitted under paragraph (1) publicly available.
    ``(f) Recommendations.--
            ``(1) In general.--The Commission shall make 
        recommendations to Executive agencies on measures to prevent 
        waste, fraud, and abuse relating to Federal funds.
            ``(2) Responsive reports.--Not later than 30 days after 
        receipt of a recommendation under paragraph (1), an Executive 
        agency shall submit a report to the President, the 
        congressional committees of jurisdiction, and the Commission on 
        whether the Executive agency agrees or disagrees with the 
        recommendations and any actions the Executive agency will take 
        to implement the recommendations. The Commission shall make all 
        reports submitted to it under this paragraph publicly available 
        contemporaneously online.
``Sec. 3624. Powers
    ``(a) In General.--The Commission shall conduct independent 
analyses and reviews of spending of Federal funds, including analyses 
and reviews of information maintained in the Federal accountability 
portal established under section 3612 of this title, and provide 
investigative and audit support to the inspectors general of Executive 
agencies.
    ``(b) Analyses and Reviews.--The Commission may--
            ``(1) conduct its own independent analyses and reviews of 
        spending of Federal funds; and
            ``(2) collaborate with and provide support for any 
        inspector general of any Executive agency or other law 
        enforcement authority on any audit, investigation, or other 
        review relating to Federal funds.
    ``(c) Authorities.--
            ``(1) Analyses, reviews, and investigative and audit 
        support.--In conducting analyses and reviews, and in providing 
        investigative and audit support to inspectors general and law 
        enforcement authorities, the Commission shall have the 
        authorities provided under paragraphs (1), (3), and (6) through 
        (10) of section 6(a), and section 6(b), of the Inspector 
        General Act of 1978 (5 U.S.C. App.).
            ``(2) Matching program authority with respect to 
        evaluations and reviews.--The authorities provided under 
        section 6(a)(9) of the Inspector General Act of 1978 (provided 
        to the Commission pursuant to paragraph (1)) may be used by the 
        Commission while conducting an evaluation or other review 
        authorized under such Act.
    ``(d) Contracts.--
            ``(1) In general.--The Commission may enter into contracts 
        to enable the Commission to discharge its duties under this 
        chapter, including contracts and other arrangements for audits, 
        studies, analyses, and other services with public agencies and 
        with private persons, and make such payments as may be 
        necessary to carry out the duties of the Commission.
            ``(2) Contracting for missions of other agencies.--The 
        Commission may enter into contracts with any Federal agency 
        (within or outside the executive branch) to enable such agency 
        to identify waste, fraud, and abuse, including contracts and 
        other arrangements for audits, studies, analyses, and other 
        services.
            ``(3) Contracting for publication of data.--The Commission 
        may make contracts or agreements with any Federal agency 
        (within or outside the executive branch) to publish data 
        maintained by such agency on the website maintained under the 
        Federal Funding Accountability and Transparency Act of 2006.
    ``(e) Transfer of Funds.--The Commission may transfer funds 
appropriated to the Commission for expenses to support administrative 
support services, investigations, audits, reviews, or other activities 
related to oversight by the Commission of Federal funds to any office 
of inspector general, the Office of Management and Budget, and the 
General Services Administration.
``Sec. 3625. Employment, personnel, and related authorities
    ``(a) Executive Director.--The Commission shall have an Executive 
Director, who shall be appointed by the Commission and serve at the 
pleasure of the Commission. The Executive Director shall report 
directly to the Commission and carry out the functions of the 
Commission subject to the supervision and direction of the Commission. 
The position of Executive Director shall be a career reserved position 
in the Senior Executive Service, as that position is defined under 
section 3132 of title 5.
    ``(b) Other Employees.--The Commission may appoint and fix the 
compensation of such officers, attorneys, information technology 
professionals, and other employees as may be necessary for carrying out 
the functions of the Commission under this chapter.
    ``(c) Administrative Support.--The General Services Administration 
shall provide the Commission with administrative support services, 
including the provision of office space and facilities.
``Sec. 3626. Transfer of certain personnel
    ``(a) Recovery Accountability and Transparency Board Employees.--
The Chairman or Executive Director, or both, shall identify employees 
of the Recovery Accountability and Transparency Board for transfer to 
the Commission, and such identified employees shall be transferred to 
the Commission for employment.
    ``(b) Pay.--
            ``(1) Except as provided in paragraph (2), each transferred 
        employee shall, during the 2-year period beginning on the 
        effective date of this chapter, receive pay at a rate equal to 
        not less than the basic rate of pay (including any geographic 
        differential) that the employee received during the pay period 
        immediately preceding the date of transfer.
            ``(2) Paragraph (1) does not limit the right of the 
        Commission to reduce the rate of basic pay of a transferred 
        employee for cause, for unacceptable performance, or with the 
        consent of the employee.
            ``(3) Paragraph (1) applies to a transferred employee only 
        while that employee remains employed by the Commission.
``Sec. 3627. Advisory committee to Commission
    ``(a) Establishment and Purpose.--
            ``(1) Establishment.--The Commission shall establish an 
        advisory committee to be known as the Federal Accountability 
        and Spending Transparency Advisory Committee (in this section 
        referred to as the `Advisory Committee').
            ``(2) Purpose.--The Advisory Committee shall submit to the 
        Commission such findings and recommendations related to the 
        Commission's implementation of this chapter as it determines 
        are appropriate.
    ``(b) Membership and Chairperson.--
            ``(1) In general.--The Commission shall appoint no fewer 
        than 10, and no more than 20, members to the Advisory 
        Committee, from among individuals who--
                    ``(A) represent the interests of recipients of 
                Federal contracts;
                    ``(B) represent the interests of State, local, and 
                tribal governments receiving Federal grants;
                    ``(C) represent the interests of other recipients 
                of Federal funds; and
                    ``(D) represent nonprofit organizations that 
                advocate transparency and accountability in government.
            ``(2) Term.--Each member of the Advisory Committee 
        appointed under this section shall serve for a term of three 
        years, except that the Commission may appoint original members 
        of the Committee to one-year and two-year terms in order to 
        achieve staggered terms. No person shall serve more than one 
        term.
            ``(3) Chairperson.--The members of the Advisory Committee 
        shall elect a chairperson.
    ``(c) Meetings.--The Advisory Committee shall meet not less 
frequently than six times annually, at the call of the chairperson of 
the Advisory Committee.
    ``(d) Compensation and Travel Expenses.--Each member of the 
Committee who is not a full-time employee of the United States shall--
            ``(1) be entitled to receive compensation at a rate not to 
        exceed the daily equivalent of the annual rate of basic pay in 
        effect for a position at level V of the Executive Schedule 
        under section 5316 of title 5 for each day during which the 
        member is engaged in the actual performance of the duties of 
        the Committee; and
            ``(2) while away from the home or regular place of business 
        of the member in the performance of services for the Committee, 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, in the same manner as persons employed 
        intermittently in the Government service are allowed expenses 
        under section 5703(b) of title 5.
    ``(e) Staff.--The Commission shall make available to the Advisory 
Committee such staff of the Commission as the chairperson of the 
Advisory Committee recommends is necessary to carry out this section.
    ``(f) Review by Commission.--After receipt of any finding or 
recommendation from the Advisory Committee, the Commission shall--
            ``(1) review the finding or recommendation; and
            ``(2) promptly issue a public statement--
                    ``(A) assessing the finding or recommendation of 
                the Advisory Committee; and
                    ``(B) disclosing the action, if any, the Commission 
                intends to take with respect to the finding or 
                recommendation.
    ``(g) Advisory Committee Findings.--Nothing in this section shall 
be construed as requiring the Commission to agree to or act upon any 
finding or recommendation of the Advisory Committee.
    ``(h) Federal Advisory Committee Act.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall apply to the Advisory Committee.
``Sec. 3628. Authorization and availability of appropriations
    ``(a) Authorization of Appropriations.--There is authorized to be 
appropriated $51,000,000 for each of fiscal years 2012, 2013, 2014, 
2015, 2016, 2017, 2018, and 2019 to carry out the functions of the 
Commission.
    ``(b) Availability of Appropriations.--If the Recovery 
Accountability and Transparency Board has unobligated appropriations as 
of the effective date of this chapter, such appropriations are 
authorized to remain available to the Commission until September 30, 
2015.
``Sec. 3629. Sunset
    ``This subchapter shall cease to be in effect after the date 
occurring seven years after the date of the enactment of this 
subchapter.''.

SEC. 202. CONFORMING AMENDMENT RELATING TO COMPENSATION OF CHAIRMAN.

    Section 5314 of title 5, United States Code, is amended by adding 
at the end the following new item:
            ``Chairman of the Federal Accountability and Spending 
        Transparency Commission.''.

SEC. 203. CONFORMING AMENDMENTS RELATED TO RECOVERY ACCOUNTABILITY AND 
              TRANSPARENCY BOARD.

    (a) Repeal of Superseded Provisions in Subtitle B of Title XV of 
Public Law 111-5.--Subtitle B of title XV of division A of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 287) 
is amended by striking sections 1521, 1522, 1525(a), 1529, and 1530.
    (b) Conforming Amendments.--
            (1) References to board and chairperson.--
                    (A) Paragraph (2) of section 1501 of the American 
                Recovery and Reinvestment Act of 2009 (Public Law 111-
                5; 123 Stat. 287) is amended to read as follows:
            ``(2) Commission.--The term `Commission' means the Federal 
        Accountability and Spending Transparency Commission established 
        in chapter 36 of title 31, United States Code.''.
                    (B) Such section is further amended by striking 
                paragraph (3).
                    (C) The following provisions of such Act are 
                amended by striking ``Board'' each place it appears and 
                inserting ``Commission'' in the headings or text, as 
                the case may be: the heading of subtitle B of title XV, 
                and sections 1523, 1524, 1525(b), 1525(c), 1526, 1527, 
                1528, 1542, and 1553.
                    (D) Section 1513(b)(2) of such Act is amended by 
                striking ``the quarter in which the Board terminates 
                under section 1530'' and inserting ``the quarter ending 
                September 30, 2013''.
    (c) Repeal of Subtitle B of Title XV of Public Law 111-5.--
Effective on October 1, 2013, subtitle B of title XV of division A of 
such Act is repealed.
    (d) References in Federal Law to Board.--On and after the effective 
date of this Act, any reference in Federal law to the Recovery 
Accountability and Transparency Board is deemed to be a reference to 
the Federal Accountability and Spending Transparency Commission.

                    TITLE III--ADDITIONAL PROVISIONS

SEC. 301. CLASSIFIED INFORMATION.

    Nothing in this Act or the amendments made by this Act shall be 
construed to require the public disclosure of classified information.

SEC. 302. PAPERWORK REDUCTION ACT EXEMPTION.

    Section 3518(c) of title 44, United States Code, is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraph (3)'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
    ``(2) Notwithstanding paragraph (3), this subchapter shall not 
apply to the collection of information during the conduct of any 
evaluation, or other review conducted by the Federal Accountability and 
Spending Transparency Commission, or during the conduct of any audit, 
investigation, inspection, evaluation, or any other review conducted by 
the Council of Inspectors General on Integrity and Efficiency or any 
office of inspector general, including any office of special inspector 
general.''.

SEC. 303. MATCHING PROGRAM EXCEPTION FOR INSPECTORS GENERAL.

    Section 6(a) of the Inspector General Act of 1978 (5 U.S.C. App.) 
is amended--
            (1) in paragraph (8), by striking ``and'';
            (2) by redesignating paragraph (9) as paragraph (10); and
            (3) by inserting after paragraph (8) the following new 
        paragraph:
            ``(9) notwithstanding subsections (e)(12), (o), (p), (q), 
        (r), and (u) of section 552a of title 5, United States Code, to 
        compare, through a matching program (as defined in such 
        section), any Federal records with other Federal or non-Federal 
        records, while conducting an audit, investigation, or 
        inspection authorized under this Act to identify weaknesses 
        that may lead to waste, fraud, or abuse and to detect improper 
        payments and fraud; and''.

SEC. 304. TRANSFER OF CONSOLIDATED FEDERAL FUNDS REPORT.

    (a) Transfer of Functions.--The Commission and the Secretary of 
Commerce shall transfer the functions of the Consolidated Federal Funds 
Report to the website established under the Federal Funding 
Accountability and Transparency Act of 2006, as amended by this Act.
    (b) Information.--Section 2(d) of the Federal Funding 
Accountability and Transparency Act of 2006, as amended by section 103 
of this Act, is further amended--
            (1) by striking the period at the end of paragraph (6) and 
        inserting ``; and''; and
            (2) by adding at the end the following new paragraph:
            ``(7) shall permit users to determine the following 
        information:
                    ``(A) For each fiscal year, the total amount of 
                Federal funds that were obligated in each State, county 
                or parish, congressional district, and municipality of 
                the United States.
                    ``(B) For each fiscal year, the total amount of 
                Federal funds that were actually expended in each 
                State, county or parish, congressional district, and 
                municipality of the United States.''.
    (c) Conforming Repeals of Superseded Provisions.--Chapter 62 of 
subtitle V of title 31, United States Code, is repealed. The item 
relating to that chapter in the table of chapters at the beginning of 
subtitle V of such title is repealed.

SEC. 305. TRANSFER OF AUTHORITY OVER CATALOG OF FEDERAL DOMESTIC 
              ASSISTANCE TO COMMISSION.

    (a) Transfer of Authority From Administrator of General Services 
and Director of Office of Management and Budget to Commission.--
            (1) Definition.--Paragraph (6) of section 6101 of title 31, 
        United States Code, is amended to read as follows:
            ``(6) `Commission' means the Federal Accountability and 
        Spending Transparency Commission established in subchapter III 
        of chapter 36 of this title.''.
            (2) Amendments relating to program information 
        requirements.--Section 6102 of such title is amended--
                    (A) in subsections (a) and (b), by striking 
                ``Administrator'' and inserting ``Commission'' both 
                places it appears;
                    (B) in subsection (c)--
                            (i) by striking ``Administrator'' and 
                        inserting ``Commission'';
                            (ii) in paragraph (3), by striking ``and 
                        that the printed catalog'' and all that follows 
                        through ``printing''; and
                            (iii) in paragraph (4)--
                                    (I) by striking ``transmit 
                                annually'' and inserting ``make''; and
                                    (II) by striking ``to the 
                                Committee'' and all that follows 
                                through the period and inserting the 
                                following: ``available 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.''.
            (3) Amendments relating to assistance awards information 
        system.--Section 6102a of such title is amended--
                    (A) by striking subsection (b);
                    (B) by redesignating subsection (c) as subsection 
                (b);
                    (C) by striking ``Director'' and inserting 
                ``Commission'' each place it appears; and
                    (D) in subsection (b), as so redesignated--
                            (i) by striking ``transmit promptly after 
                        the end of each calendar quarter, free of 
                        charge,'' and insert ``make available''; and
                            (ii) by striking ``Oversight'' and 
                        inserting ``Administration''.
            (4) Amendments relating to access to computer information 
        system.--Section 6103 of such title is amended--
                    (A) in subsections (a) and (c), by striking 
                ``Administrator'' and inserting ``Commission'' each 
                place it appears; and
                    (B) by striking the text of subsection (b) and 
                inserting the following: ``The Commission shall publish 
                online all of the information contained in the 
                information system under subsection (a) in accordance 
                with the Federal Funding Accountability and 
                Transparency Act of 2006 (31 U.S.C. 6101 note).''.
            (5) Amendments relating to catalog of federal domestic 
        assistance programs.--Section 6104 of such title if amended by 
        striking ``Administrator'' and inserting ``Commission'' each 
        place it appears.
            (6) Repeal of authorization.--Section 6106 of such title is 
        repealed.
    (b) Deadline for Transfer of Program Information System and Catalog 
of Federal Domestic Assistance.--Within 180 days after the effective 
date of this Act, the Commission and the Administrator of General 
Services shall transfer the management and control of the following 
from the Administrator to the Commission, as required by chapter 61 of 
title 31, United States Code, as amended by subsection (a):
            (1) The computer information system required under section 
        6103 of such title, as so amended.
            (2) The catalog of Federal domestic assistance programs 
        required under section 6104 of such title, as so amended.
    (c) Deadline for Transfer of Assistance Awards Information 
System.--Within 180 days after the effective date of this Act, the 
Commission and the Director of the Office of Management and Budget 
shall transfer the management and control of the assistance awards 
information system from the Director to the Commission, as required by 
section 6102a of title 31, United States Code, as amended by subsection 
(a).

SEC. 306. GOVERNMENT ACCOUNTABILITY OFFICE IMPROVEMENT.

    (a) Authority to Obtain Information.--
            (1) Authority to obtain records.--Section 716 of title 31, 
        United States Code, is amended in subsection (a)--
                    (A) by striking ``(a)'' and inserting ``(2)''; and
                    (B) by inserting after the section heading the 
                following:
    ``(a)(1) The Comptroller General is authorized to obtain such 
agency records as the Comptroller General requires to discharge his 
duties (including audit, evaluation, and investigative duties), 
including through the bringing of civil actions under this section. In 
reviewing a civil action under this section, the court shall recognize 
the continuing force and effect of the authorization in the preceding 
sentence until such time as the authorization is repealed pursuant to 
law.''.
            (2) Copies.--Section 716(a) of title 31, United States 
        Code, as amended by subsection (a), is further amended in the 
        second sentence of paragraph (2) by striking ``inspect an 
        agency record'' and inserting ``inspect, and make and retain 
        copies of, an agency record''.
    (b) Administering Oaths.--Section 711 of title 31, United States 
Code, is amended by striking paragraph (4) and inserting the following:
            ``(4) administer oaths to witnesses when auditing and 
        settling accounts and, with the prior express approval of the 
        Comptroller General, when investigating fraud or attempts to 
        defraud the United States, or irregularity or misconduct of an 
        employee or agent of the United States.''.
    (c) Access to Certain Information.--
            (1) Access to certain information.--Subchapter II of 
        chapter 7 of title 31, United States Code, is amended by adding 
        at the end the following:
``Sec. 721. Access to certain information
    ``(a) No provision of the Social Security Act, including section 
453(l) of that Act (42 U.S.C. 653(l)), shall be construed to limit, 
amend, or supersede the authority of the Comptroller General to obtain 
any information or to inspect or copy any record under section 716 of 
this title.
    ``(b) No provision of the Federal Food, Drug, and Cosmetic Act, 
including section 301(j) of that Act (21 U.S.C. 331(j)), shall be 
construed to limit, amend, or supersede the authority of the 
Comptroller General to obtain any information or to inspect or copy any 
record under section 716 of this title.
    ``(c) No provision of the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (Public Law 94-435) and the amendments made by that Act 
shall be construed to limit, amend, or supersede the authority of the 
Comptroller General to obtain any information or to inspect or copy any 
record under section 716 of this title, including with respect to any 
information disclosed to the Assistant Attorney General of the 
Antitrust Division of the Department of Justice or the Federal Trade 
Commission for purposes of pre-merger review under section 7A of the 
Clayton Act (15 U.S.C. 18a).
    ``(d)(1) The Comptroller General shall prescribe such policies and 
procedures as are necessary to protect from public disclosure 
proprietary or trade secret information obtained consistent with this 
section.
    ``(2) Nothing in this section shall be construed to--
            ``(A) alter or amend the prohibitions against the 
        disclosure of trade secret or other sensitive information 
        prohibited by section 1905 of title 18 and other applicable 
        laws; or
            ``(B) affect the applicability of section 716(e) of this 
        title, including the protections against unauthorized 
        disclosure contained in that section, to information obtained 
        consistent with this section.
    ``(e) Specific references to statutes in this section shall not be 
construed to affect access by the Government Accountability Office to 
information under statutes that are not so referenced.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 7 of title 31, United States Code, is 
        amended by inserting after the item relating to section 720 the 
        following:

``721. Access to certain information.''.
    (d) Agency Reports.--Section 720(b) of title 31, United States 
Code, is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or planned'' after ``action taken''; and
            (2) by striking paragraph (1) and inserting the following:
            ``(1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate, the Committee on Oversight and 
        Government Reform of the House of Representatives, the 
        congressional committees with jurisdiction over the agency 
        program or activity that is the subject of the recommendation, 
        and the Government Accountability Office before the 61st day 
        after the date of the report; and''.

SEC. 307. AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978 AND THE 
              INSPECTOR GENERAL REFORM ACT OF 2008.

    (a) Incorporation of Provisions From the Inspector General Reform 
Act of 2008 Into the Inspector General Act of 1978.--
            (1) Classification and pay.--
                    (A) Amendment.--Section 8G of the Inspector General 
                Act of 1978 (5 U.S.C. App.) is amended by adding at the 
                end the following new subsection:
    ``(i) Classification and Pay.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Inspector General of each designated Federal entity 
        shall, for pay and all other purposes, be classified at a 
        grade, level, or rank designation, as the case may be, at or 
        above those of a majority of the senior level executives of 
        that designated Federal entity (such as a General Counsel, 
        Chief Information Officer, Chief Financial Officer, Chief Human 
        Capital Officer, or Chief Acquisition Officer). The pay of an 
        Inspector General of a designated Federal entity shall be not 
        less than the average total compensation (including bonuses) of 
        the senior level executives of that designated Federal entity 
        calculated on an annual basis.
            ``(2) Limitation on adjustment.--
                    ``(A) In general.--In the case of an Inspector 
                General of a designated Federal entity whose pay is 
                adjusted under paragraph (1), the total increase in pay 
                in any fiscal year resulting from that adjustment may 
                not exceed 25 percent of the average total compensation 
                (including bonuses) of the Inspector General of that 
                entity for the preceding 3 fiscal years.
                    ``(B) Sunset of limitation.--The limitation under 
                subparagraph (A) shall not apply to any adjustment made 
                in fiscal year 2013 or each fiscal year thereafter.''.
                    (B) Conforming repeal.--Section 4(b) of the 
                Inspector General Reform Act of 2008 (Public Law 110-
                409; 122 Stat. 4304; 5 U.S.C. App. 3 note) is repealed.
            (2) Pay retention.--
                    (A) Amendment.--The Inspector General Act of 1978 
                (5 U.S.C. App.) is amended by adding after section 8L 
                the following new section:

``SEC. 8M. PAY RETENTION.

    ``(a) In General.--The provisions of section 3392 of title 5, 
United States Code, other than the terms `performance awards' and 
`awarding of ranks' in subsection (c)(1) of such section, shall apply 
to career appointees of the Senior Executive Service who are appointed 
to the position of Inspector General.
    ``(b) Nonreduction in Pay.--Notwithstanding any other provision of 
law, career Federal employees serving on an appointment made pursuant 
to statutory authority found other than in section 3392 of title 5, 
United States Code, shall not suffer a reduction in pay, not including 
any bonus or performance award, as a result of being appointed to the 
position of Inspector General.''.
                    (B) Conforming repeal.--Section 4(c) of the 
                Inspector General Reform Act of 2008 (Public Law 110-
                409; 122 Stat. 4304; 5 U.S.C. App. 3 note) is repealed.
            (3) Allegations of wrongdoing against special counsel or 
        deputy special counsel.--
                    (A) Amendment.--Section 11(d) of the Inspector 
                General Act of 1978 (5 U.S.C. App.) is amended by 
                adding at the end the following new paragraph:
            ``(12) Allegations of wrongdoing against special counsel or 
        deputy special counsel.--
                    ``(A) Special counsel defined.--In this paragraph, 
                the term `Special Counsel' means the Special Counsel 
                appointed under section 1211(b) of title 5, United 
                States Code.
                    ``(B) Authority of integrity committee.--
                            ``(i) In general.--An allegation of 
                        wrongdoing against the Special Counsel or the 
                        Deputy Special Counsel may be received, 
                        reviewed, and referred for investigation by the 
                        Integrity Committee to the same extent and in 
                        the same manner as in the case of an allegation 
                        against an Inspector General (or a member of 
                        the staff of an Office of Inspector General), 
                        subject to the requirement that the Special 
                        Counsel recuse himself or herself from the 
                        consideration of any allegation brought under 
                        this paragraph.
                            ``(ii) Coordination with existing 
                        provisions of law.--This paragraph does not 
                        eliminate access to the Merit Systems 
                        Protection Board for review under section 7701 
                        of title 5, United States Code. To the extent 
                        that an allegation brought under this 
                        subsection involves section 2302(b)(8) of that 
                        title, a failure to obtain corrective action 
                        within 120 days after the date on which that 
                        allegation is received by the Integrity 
                        Committee shall, for purposes of section 1221 
                        of such title, be considered to satisfy section 
                        1214(a)(3)(B) of that title.
                    ``(C) Regulations.--The Integrity Committee may 
                prescribe any rules or regulations necessary to carry 
                out this paragraph, subject to such consultation or 
                other requirements as might otherwise apply.''.
                    (B) Conforming amendment.--Section 7(b) of the 
                Inspector General Reform Act of 2008 (Public Law 110-
                409; 122 Stat. 4312; 5 U.S.C. 1211 note) is repealed.
    (b) Agency Applicability.--
            (1) Amendments.--The Inspector General Act of 1978 (5 
        U.S.C. App.), as amended by subsection (a), is further 
        amended--
                    (A) in section 8L--
                            (i) in subsection (a)(1)--
                                    (I) by striking the first 
                                ``agency'' and inserting ``Federal 
                                agency and designated Federal entity''; 
                                and
                                    (II) by striking the second and 
                                third ``agency'' and inserting 
                                ``Federal agency or designated Federal 
                                entity''; and
                            (ii) in subsection (b)--
                                    (I) in paragraph (1), by striking 
                                ``agency'' and inserting ``Federal 
                                agency and designated Federal entity''; 
                                and
                                    (II) in paragraph (2)--
                                            (aa) in subparagraph (A), 
                                        by striking ``agency'' and 
                                        inserting ``Federal agency and 
                                        designated Federal entity''; 
                                        and
                                            (bb) in subparagraph (B), 
                                        by striking ``agency'' and 
                                        inserting ``Federal agency and 
                                        designated Federal entity''; 
                                        and
                    (B) in section 11(c)(3)(A)(ii), by striking 
                ``department, agency, or entity of the executive 
                branch'' and inserting ``Federal agency or designated 
                Federal entity''.
            (2) Implementation.--Not later than 180 days after the date 
        of enactment of this Act, the head and the Inspector General of 
        each Federal agency and each designated Federal entity (as such 
        terms are defined in sections 12 and 8G of the Inspector 
        General Act of 1978 (5 U.S.C. App.), respectively) shall 
        implement the amendments made by this subsection.
    (c) Requirements for Inspectors General Websites.--Section 8L(b)(1) 
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) by striking ``report or audit (or portion of any report 
        or audit)'' and inserting ``audit report, inspection report, or 
        evaluation report (or portion of any such report)''; and
            (2) by striking ``report or audit (or portion of that 
        report or audit)'' and inserting ``report (or portion of that 
        report)'' each place it appears.
    (d) Corrections.--
            (1) Executive order number.--Section 7(c)(2) of the 
        Inspector General Reform Act of 2008 (Public Law 110-409; 122 
        Stat. 4313; 31 U.S.C. 501 note) is amended by striking 
        ``12933'' and inserting ``12993''.
            (2) Punctuation and cross-references.--The Inspector 
        General Act of 1978 (5 U.S.C. App.) is amended--
                    (A) in section 6(a)(4), by striking ``information, 
                as well as any tangible thing)'' and inserting 
                ``information), as well as any tangible thing''; and
                    (B) in section 8G(g)(3), by striking ``8C'' and 
                inserting ``8D''.
            (3) Spelling.--The Inspector General Act of 1978 (5 U.S.C. 
        App.) is amended--
                    (A) in section 3(a), by striking ``subpena'' and 
                inserting ``subpoena'';
                    (B) in section 6(a)(4), by striking ``subpena'' and 
                ``subpenas'' and inserting ``subpoena'' and 
                ``subpoenas'', respectively;
                    (C) in section 8D(a)--
                            (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking 
                        ``subpena'' and inserting ``subpoena'', each 
                        place it appears;
                    (D) in section 8E(a)--
                            (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking 
                        ``subpena'' and inserting ``subpoena'' each 
                        place it appears; and
                    (E) in section 8G(d), by striking ``subpena'' and 
                inserting ``subpoena''.
    (e) Repeal.--Section 744 of the Financial Services and General 
Government Appropriations Act, 2009 (division D of Public Law 111-8; 
123 Stat. 693; 5 U.S.C. App. 8L) is repealed.

SEC. 308. LIMITS AND TRANSPARENCY FOR TRAVEL AND CONFERENCE SPENDING.

    (a) Travel Expenses of Federal Agencies Relating to Conferences.--
            (1) Limitations and reports on travel expenses to 
        conferences.--Chapter 57 of title 5, United States Code, is 
        amended by inserting after section 5711 the following:
``Sec. 5712. Limitations and reports on travel expenses to conferences
    ``(a) In this section, the term--
            ``(1) `conference' means a meeting that--
                    ``(A) is held for consultation, education, or 
                discussion;
                    ``(B) is not held entirely at an agency facility;
                    ``(C) involves costs associated with travel and 
                lodging for some participants; and
                    ``(D) is sponsored by 1 or more agencies, 1 or more 
                organizations that are not agencies, or a combination 
                of such agencies or organizations; and
            ``(2) `international conference' means a conference 
        attended by representatives of --
                    ``(A) the United States Government; and
                    ``(B) any foreign government, international 
                organization, or foreign nongovernmental organization.
    ``(b) No agency may pay the travel expenses for more than 50 
employees of that agency who are stationed in the United States, for 
any international conference occurring outside the United States, 
unless the Secretary of State determines that attendance for such 
employees is in the national interest.
    ``(c) At the beginning of each quarter of each fiscal year, each 
agency shall post on the public Internet website of that agency a 
report on each conference for which the agency paid travel expenses 
during the preceding 3 months that includes--
            ``(1) the itemized expenses paid by the agency, including 
        travel expenses, the cost of scouting for and selecting the 
        location of the conference, and any agency expenditures to 
        otherwise support the conference;
            ``(2) the primary sponsor of the conference;
            ``(3) the location of the conference;
            ``(4) in the case of a conference for which that agency was 
        the primary sponsor, a statement that--
                    ``(A) justifies the location selected;
                    ``(B) demonstrates the cost efficiency of the 
                location; and
                    ``(C) provides a cost benefit analysis of holding a 
                conference rather than conducting a teleconference;
            ``(5) the date of the conference;
            ``(6) a brief explanation how the conference advanced the 
        mission of the agency;
            ``(7) the title of any Federal employee or any individual 
        who is not a Federal employee whose travel expenses or other 
        conference expenses were paid by the agency; and
            ``(8) the total number of individuals whose travel expenses 
        or other conference expenses were paid by the agency.
    ``(d) Each report posted on the public Internet website under 
subsection (c) shall--
            ``(1) be in a searchable electronic format; and
            ``(2) remain on that website for at least 5 years after the 
        date of posting.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 57 of title 5, United States Code, is 
        amended by inserting after the item relating to section 5711 
        the following:

``5712. Limitations and reports on travel expenses to conferences.''.
    (b) Limitations on Annual Travel Expenses.--
            (1) In general.--In the case of each of fiscal years 2012 
        through 2016, an agency (as defined under section 5701(1) of 
        title 5, United States Code) may not make, or obligate to make, 
        expenditures for travel expenses, in an aggregate amount 
        greater than 80 percent of the aggregate amount of such 
        expenses for fiscal year 2010.
            (2) Identification of travel expenses.--
                    (A) Responsibilities.--Not later than September 1, 
                2012 and after consultation with the Administrator of 
                General Services and the Director of the Administrative 
                Office of the United States Courts, the Director of the 
                Office of Management and Budget shall establish 
                guidelines for the determination of what expenses 
                constitute travel expenses for purposes of this 
                subsection. The guidelines shall identify specific 
                expenses, and classes of expenses, that are to be 
                treated as travel expenses.
                    (B) Exemption for military travel.--The guidelines 
                required under subparagraph (A) shall exclude military 
                travel expenses in determining what expenses constitute 
                travel expenses. Military travel expenses shall include 
                travel expenses involving military combat, the training 
                or deployment of uniformed military personnel, and such 
                other travel expenses as are determined under the 
                guidelines.
    (c) Conference Transparency and Limitations.--
            (1) Definitions.--In this subsection--
                    (A) the term ``agency'' has the meaning given under 
                section 5701(1) of title 5, United States Code; and
                    (B) the term ``conference'' has the meaning given 
                under section 5712(a)(1) of that title (as added by 
                subsection (a)).
            (2) Public availability of conference materials.--Each 
        agency shall post on the public Internet website of that agency 
        detailed information on any presentation made by any employee 
        of that agency at a conference, including--
                    (A) any minutes relating to the presentation;
                    (B) any speech delivered;
                    (C) any visual exhibit, including photographs or 
                slides;
                    (D) any video, digital, or audio recordings of the 
                conference; and
                    (E) information regarding any financial support or 
                other assistance from a foundation or other non-Federal 
                source used to pay or defray the costs of the 
                conference, which shall include a certification by the 
                head of the agency that there is no conflict of 
                interest resulting from the support received from each 
                such source.
            (3) Limitation on amount expended on a conference.--
                    (A) In general.--No agency may expend more than 
                $500,000 to support a single conference.
                    (B) Rule of construction.--Nothing in this 
                paragraph shall be construed to preclude an agency from 
                receiving financial support or other assistance from a 
                foundation or other non-Federal source to pay or defray 
                the costs of a conference the total cost of which 
                exceeds $500,000.
            (4) Limitation on the annual number of conferences an 
        agency may support.--No agency may expend funds on more than a 
        single conference sponsored or organized by an organization 
        during any fiscal year, unless the agency is the primary 
        sponsor and organizer of the conference.

SEC. 309. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act and the 
amendments made by this Act shall take effect on the date of the 
enactment of this Act.

            Passed the House of Representatives April 25, 2012.

            Attest:

                                                                 Clerk.
112th CONGRESS

  2d Session

                               H. R. 2146

_______________________________________________________________________

                                 AN ACT

 To amend title 31, United States Code, to require accountability and 
       transparency in Federal spending, and for other purposes.