[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 150 Enrolled Bill (ENR)]
H.R.150
One Hundred Sixteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and nineteen
An Act
To modernize Federal grant reporting, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Grant Reporting
Efficiency and Agreements Transparency Act of 2019'' or the ``GREAT
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Data standards for grant reporting.
Sec. 5. Single Audit Act.
Sec. 6. Consolidation of assistance-related information; publication of
public information as open data.
Sec. 7. Evaluation of nonproprietary identifiers.
Sec. 8. Rule of construction.
Sec. 9. No additional funds authorized.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) modernize reporting by recipients of Federal grants and
cooperative agreements by creating and imposing data standards for
the information that those recipients are required by law to report
to the Federal Government;
(2) implement the recommendation by the Director of the Office
of Management and Budget contained in the report submitted under
section 5(b)(6) of the Federal Funding Accountability and
Transparency Act of 2006 (31 U.S.C. 6101 note) relating to the
development of a ``comprehensive taxonomy of standard definitions
for core data elements required for managing Federal financial
assistance awards'';
(3) reduce burden and compliance costs of recipients of Federal
grants and cooperative agreements by enabling technology solutions,
existing or yet to be developed, for use in both the public and
private sectors to better manage the data that recipients already
provide to the Federal Government; and
(4) strengthen oversight and management of Federal grants and
cooperative agreements by agencies by consolidating the collection
and display of and access to open data that has been standardized
and, where appropriate, increasing transparency to the public.
SEC. 3. DEFINITIONS.
In this Act, the terms ``agency'', ``Director'', ``Federal award'',
and ``Secretary'' have the meanings given those terms in section 6401
of title 31, United States Code, as added by section 4(a) of this Act.
SEC. 4. DATA STANDARDS FOR GRANT REPORTING.
(a) Amendment.--Subtitle V of title 31, United States Code, is
amended by inserting after chapter 63 the following:
``CHAPTER 64--DATA STANDARDS FOR GRANT REPORTING
``Sec.
``6401. Definitions.
``6402. Data standards for grant reporting.
``6403. Guidance applying data standards for grant reporting.
``6404. Agency requirements.
``Sec. 6401. Definitions
``In this chapter:
``(1) Agency.--The term `agency' has the meaning given the term
in section 552(f) of title 5.
``(2) Core data elements.--The term `core data elements' means
data elements relating to financial management, administration, or
management that--
``(A) are not program-specific in nature or program-
specific outcome measures, as defined in section 1115(h) of
this title; and
``(B) are required by agencies for all or the vast majority
of recipients of Federal awards for purposes of reporting.
``(3) Director.--The term `Director' means the Director of the
Office of Management and Budget.
``(4) Executive department.--The term `Executive department'
has the meaning given the term in section 101 of title 5.
``(5) Federal award.--The term `Federal award'--
``(A) means the transfer of anything of value for a public
purpose of support or stimulation authorized by a law of the
United States, including financial assistance and Government
facilities, services, and property;
``(B) includes a grant, a subgrant, a cooperative
agreement, or any other transaction; and
``(C) does not include a transaction or agreement--
``(i) that provides for conventional public information
services or procurement of property or services for the
direct benefit or use of the Government; or
``(ii) that provides only--
``(I) direct Government cash assistance to an
individual;
``(II) a subsidy;
``(III) a loan;
``(IV) a loan guarantee; or
``(V) insurance.
``(6) Secretary.--The term `Secretary' means the head of the
standard-setting agency.
``(7) Standard-setting agency.--The term `standard-setting
agency' means the Executive department designated under section
6402(a)(1).
``(8) State.--The term `State' means each State of the United
States, the District of Columbia, each commonwealth, territory, or
possession of the United States, and each federally recognized
Indian Tribe.
``Sec. 6402. Data standards for grant reporting
``(a) In General.--
``(1) Designation of standard-setting agency.--The Director
shall designate the Executive department that administers the
greatest number of programs under which Federal awards are issued
in a calendar year as the standard-setting agency.
``(2) Establishment of standards.--Not later than 2 years after
the date of enactment of this chapter, the Secretary and the
Director shall establish Governmentwide data standards for
information reported by recipients of Federal awards.
``(3) Data elements.--The data standards established under
paragraph (2) shall include, at a minimum--
``(A) standard definitions for data elements required for
managing Federal awards; and
``(B) unique identifiers for Federal awards and recipients
of Federal awards that can be consistently applied
Governmentwide.
``(b) Scope.--The data standards established under subsection (a)--
``(1) shall include core data elements;
``(2) may cover information required by law to be reported to
any agency by recipients of Federal awards, including audit-related
information reported under chapter 75 of this title; and
``(3) may not be used by the Director or any agency to require
the collection of any data not otherwise required under Federal
law.
``(c) Requirements.--The data standards established under
subsection (a) shall, to the extent reasonable and practicable--
``(1) render information reported by recipients of Federal
awards fully searchable and machine-readable;
``(2) be nonproprietary;
``(3) incorporate standards developed and maintained by
voluntary consensus standards bodies;
``(4) be consistent with and implement applicable accounting
and reporting principles; and
``(5) incorporate the data standards established under the
Federal Funding Accountability and Transparency Act of 2006 (31
U.S.C. 6101 note).
``(d) Consultation.--In establishing the data standards under
subsection (a), the Secretary and the Director shall consult with--
``(1) the Secretary of the Treasury to ensure that the data
standards established under subsection (a) incorporate the data
standards established under the Federal Funding Accountability and
Transparency Act of 2006 (31 U.S.C. 6101 note);
``(2) the head of each agency that issues Federal awards;
``(3) recipients of Federal awards and organizations
representing recipients of Federal awards;
``(4) private sector experts;
``(5) members of the public, including privacy experts, privacy
advocates, auditors, and industry stakeholders; and
``(6) State and local governments.
``Sec. 6403. Guidance applying data standards for grant reporting
``(a) In General.--Not later than 3 years after the date of
enactment of this chapter--
``(1) the Secretary and the Director shall jointly issue
guidance to all agencies directing the agencies to apply the data
standards established under section 6402(a) to all applicable
reporting by recipients of Federal awards; and
``(2) the Director shall prescribe guidance applying the data
standards established under section 6402(a) to audit-related
information reported under chapter 75 of this title.
``(b) Guidance.--The guidance issued under subsection (a) shall--
``(1) to the extent reasonable and practicable--
``(A) minimize the disruption of existing reporting
practices of, and not increase the reporting burden on,
agencies or recipients of Federal awards; and
``(B) explore opportunities to implement modern
technologies in reporting relating to Federal awards;
``(2) allow the Director to permit exceptions for classes of
Federal awards, including exceptions for Federal awards granted to
Indian Tribes and Tribal organizations consistent with the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5301 et
seq.), if the Director publishes a list of those exceptions and
submits the list to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Oversight
and Reform of the House of Representatives; and
``(3) take into consideration the consultation required under
section 6402(d).
``(c) Updating Guidance.--
``(1) In general.--Not less frequently than once every 10
years, the Director shall update the guidance issued under
subsection (a).
``(2) Procedures.--In updating guidance under paragraph (1),
the Director shall, to the maximum extent practicable, follow the
procedures for the development of the data standards and guidance
prescribed under this section and section 6402.
``Sec. 6404. Agency requirements
``Not later than 1 year after the date on which guidance is issued
or updated under subsection (b) or (c), respectively, of section 6403,
the head of each agency shall--
``(1) ensure that all of the Federal awards that the agency
issues use data standards for all future information collection
requests; and
``(2) amend existing information collection requests under
chapter 35 of title 44 (commonly known as the `Paperwork Reduction
Act') to comply with the data standards established under section
6402 of this chapter, in accordance with the guidance issued by the
Secretary and the Director under section 6403 of this chapter.''.
(b) Technical and Conforming Amendment.--The table of chapters for
subtitle V of title 31, United States Code, is amended by inserting
after the item relating to chapter 63 the following:
``64. Data standards for grant reporting.........................6401''.
SEC. 5. SINGLE AUDIT ACT.
(a) Amendments.--
(1) Audit requirements.--Section 7502(h) of title 31, United
States Code, is amended, in the matter preceding paragraph (1), by
inserting ``in an electronic form in accordance with the data
standards established under chapter 64 and'' after ``the reporting
package,''.
(2) Regulations.--Section 7505 of title 31, United States Code,
is amended by adding at the end the following:
``(d) Such guidance shall require audit-related information
reported under this chapter to be reported in an electronic form in
accordance with the data standards established under chapter 64.''.
(b) Guidance.--Not later than 3 years after the date of enactment
of this Act, the Director shall issue guidance requiring audit-related
information reported under chapter 75 of title 31, United States Code,
to be reported in an electronic form consistent with the data standards
established under chapter 64 of that title, as added by section 4(a) of
this Act.
SEC. 6. CONSOLIDATION OF ASSISTANCE-RELATED INFORMATION; PUBLICATION OF
PUBLIC INFORMATION AS OPEN DATA.
(a) Collection of Information.--Not later than 5 years after the
date of enactment of this Act, the Secretary and the Director shall,
using the data standards established under chapter 64 of title 31,
United States Code, as added by section 4(a) of this Act, enable the
collection, public display, and maintenance of Federal award
information as a Governmentwide data set, subject to reasonable
restrictions established by the Director to ensure protection of
personally identifiable information and otherwise sensitive
information.
(b) Publication of Information.--The Secretary and the Director
shall require the publication of data reported by recipients of Federal
awards that is collected from all agencies on a single public portal,
which may be an existing Governmentwide website, as determined
appropriate by the Director.
(c) FOIA.--Nothing in this section shall require the disclosure to
the public of information that would be exempt from disclosure under
section 552 of title 5, United States Code (commonly known as the
``Freedom of Information Act'').
SEC. 7. EVALUATION OF NONPROPRIETARY IDENTIFIERS.
(a) Determination Required.--The Director and the Secretary shall
determine whether to use nonproprietary identifiers described in
section 6402(a)(3)(B) of title 31, United States Code, as added by
section 4(a) of this Act.
(b) Factors to Be Considered.--In making the determination under
subsection (a), the Director and the Secretary shall consider factors
such as accessibility and cost to recipients of Federal awards,
agencies that issue Federal awards, private sector experts, and members
of the public, including privacy experts, privacy advocates,
transparency experts, and transparency advocates.
(c) Publication and Report on Determination.--Not later than the
earlier of 1 year after the date of enactment of this Act or the date
on which the Director and the Secretary establish data standards under
section 6402(a)(2) of title 31, United States Code, as added by section
4(a) of this Act, the Director and the Secretary shall publish and
submit to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Reform of the House of
Representatives a report explaining the reasoning for the determination
made under subsection (a).
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to require the collection of data that is not otherwise
required under any Federal law, rule, or regulation.
SEC. 9. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.