I 112th CONGRESS 2d Session H. R. 6420 IN THE HOUSE OF REPRESENTATIVES September 14, 2012 Mr. Clarke of Michigan (for himself, Mr. Larson of Connecticut, Mr. Lewis of Georgia, and Mr. Davis of Illinois) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To improve the effectiveness and performance of Federal financial assistance programs, simplify Federal financial assistance application and reporting requirements, and improve the delivery of services to the public.

1.

Short title

This Act may be cited as the Federal Financial Assistance Management Improvement Act of 2012.

2.

Findings

Congress finds that— (1)there are over 600 different Federal financial assistance programs to implement domestic policy; (2)while the assistance described in paragraph (1) has been directed at critical problems, some Federal administrative requirements may be duplicative, burdensome, or conflicting, thus impeding cost-effective delivery of services at the local level; (3)the Nation’s State, local, and tribal governments and private, nonprofit organizations are dealing with increasingly complex problems which require the delivery and coordination of many kinds of services; and (4)streamlining and simplifying Federal financial assistance administrative procedures and reporting requirements will improve the delivery of services to the public.

3.

Purposes

The purposes of this Act are to— (1)improve the effectiveness and performance of Federal financial assistance programs; (2)simplify Federal financial assistance application and reporting requirements; (3)improve the delivery of services to the public; and (4)facilitate greater coordination among those responsible for delivering such services.

4.

Definitions

In this Act: (1)

Director

The term Director means the Director of the Office of Management and Budget. (2)

Federal agency

The term Federal agency means any agency as defined under section 551(1) of title 5, United States Code. (3)

Federal financial assistance

The term Federal financial assistance has the meaning given that term under section 7501(a) of title 31, United States Code, under which Federal financial assistance is provided, directly or indirectly, to a non-Federal entity. (4)

Local government

The term local government has the meaning given that term under section 7501(a) of title 31, United States Code. (5)

Non-Federal entity

The term non-Federal entity means a State, local government, or nonprofit organization. (6)

Nonprofit organization

The term nonprofit organization means any corporation, trust, association, cooperative, or other organization that— (A)is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (B)is not organized primarily for profit; and (C)uses net proceeds to maintain, improve, or expand the operations of the organization. (7)

State

The term State means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, and any instrumentality thereof, any multi-State, regional, or interstate entity which has governmental functions, and any federally recognized Indian tribe. (8)

Tribal government

The term tribal government means an Indian tribe, as that term is defined in section 7501(a) of title 31, United States Code. (9)

Uniform administrative rule

The term uniform administrative rule means a Governmentwide uniform rule for any generally applicable requirement established to achieve national policy objectives that applies to multiple Federal financial assistance programs across Federal agencies.

5.

Duties of the Director

(a)

In general

The Director, in consultation with agency heads and representatives of non-Federal entities, shall direct, coordinate, and assist Federal agencies in implementing— (1)a common application and reporting system, including— (A)a common application or set of common applications, wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; (B)a common system, including electronic processes, wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; and (C)uniform administrative rules for Federal financial assistance programs across different Federal agencies; and (2)an interagency process for addressing— (A)ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities; (B)improved interagency and intergovernmental coordination of information collection and sharing of data pertaining to Federal financial assistance programs, including appropriate information sharing consistent with section 552a of title 5, United States Code; and (C)improvements in the timeliness, completeness, and quality of information received by Federal agencies from recipients of Federal financial assistance. (b)

Lead agency and working groups

The Director may designate a lead agency to assist the Director in carrying out the responsibilities under this section. The Director may use interagency working groups to assist in carrying out such responsibilities. (c)

Review of plans and reports

Upon the request of the Director, agencies shall submit to the Director, for the Director’s review, information and other reporting regarding agency implementation of this Act. (d)

Exemptions

The Director may exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the Federal agency does not have a significant number of Federal financial assistance programs. The Director shall maintain a list of exempted agencies which shall be available to the public through the website of the Office of Management and Budget. (e)

Report on recommended changes in law

Not later than 18 months after the date of the enactment of this Act, the Director shall submit to Congress a report containing recommendations for changes in law to improve the effectiveness, performance, and coordination of Federal financial assistance programs. (f)

Deadline

All actions required under this section shall be carried out not later than 18 months after the date of the enactment of this Act.

6.

Collection of information

Nothing in this Act shall be construed to prevent the Director or any Federal agency from gathering, or to exempt any recipient of Federal financial assistance from providing, information that is required for review of the financial integrity or quality of services of an activity assisted by a Federal financial assistance program.

7.

Judicial review

There shall be no judicial review of compliance or noncompliance with any of the provisions of this Act. No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action.

8.

Statutory requirements

Nothing in this Act shall be construed as a means to deviate from the statutory requirements relating to applicable Federal financial assistance programs.

9.

Effective date and sunset

This Act shall take effect on the date of the enactment of this Act and shall cease to be effective 8 years after such date of enactment.