[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 150 Reported in Senate (RS)]
<DOC>
Calendar No. 200
116th CONGRESS
1st Session
H. R. 150
[Report No. 116-96]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 18, 2019
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
September 10, 2019
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Grant Reporting Efficiency
and Agreements Transparency Act of 2019'' or the ``GREAT
Act''.</DELETED>
<DELETED>SEC. 2. PURPOSES.</DELETED>
<DELETED> The purposes of this Act are to--</DELETED>
<DELETED> (1) modernize reporting by recipients of Federal
grants and cooperative agreements by creating and imposing data
standards for the information that grants and cooperative
agreement recipients must report to the Federal
Government;</DELETED>
<DELETED> (2) implement the recommendation by the Director
of the Office of Management and Budget, under section 5(b)(6)
of the Federal Funding Accountability and Transparency Act of
2006 (31 U.S.C. 6101 note), which includes the development of a
``comprehensive taxonomy of standard definitions for core data
elements required for managing Federal financial assistance
awards'';</DELETED>
<DELETED> (3) reduce burden and compliance costs of
recipients of Federal grants and cooperative agreements by
enabling technology solutions, existing or yet to be developed,
by both the public and private sectors, to better manage data
recipients already provide to the Federal Government;
and</DELETED>
<DELETED> (4) to strengthen oversight and management of
Federal grants and cooperative agreements by agencies through
consolidated collection and display of and access to open data
that has been standardized, and where appropriate, transparency
to the public.</DELETED>
<DELETED>SEC. 3. DATA STANDARDS FOR GRANT REPORTING.</DELETED>
<DELETED> (a) Amendment.--Subtitle V of title 31, United States
Code, is amended by inserting after chapter 63 the following new
chapter:</DELETED>
<DELETED>``CHAPTER 64--DATA STANDARDS FOR GRANT REPORTING</DELETED>
<DELETED>``SEC. 6401. DEFINITIONS.</DELETED>
<DELETED> ``In this chapter:</DELETED>
<DELETED> ``(1) Agency.--The term `agency' has the meaning
given that term in section 552(f) of title 5.</DELETED>
<DELETED> ``(2) Core data elements.--The term `core data
elements' means data elements that are not program-specific in
nature and are required by agencies for all or the vast
majority of Federal grant and cooperative assistance recipients
for purposes of reporting.</DELETED>
<DELETED> ``(3) Director.--The term `Director' means the
Director of the Office of Management and Budget.</DELETED>
<DELETED> ``(4) Federal award.--The term `Federal award'--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) includes grants, subgrants, awards,
and cooperative agreements; and</DELETED>
<DELETED> ``(C) does not include--</DELETED>
<DELETED> ``(i) conventional public
information services or procurement of property
or services for the direct benefit or use of
the Government; or</DELETED>
<DELETED> ``(ii) an agreement that provides
only--</DELETED>
<DELETED> ``(I) direct Government
cash assistance to an
individual;</DELETED>
<DELETED> ``(II) a
subsidy;</DELETED>
<DELETED> ``(III) a loan;</DELETED>
<DELETED> ``(IV) a loan guarantee;
or</DELETED>
<DELETED> ``(V) insurance.</DELETED>
<DELETED> ``(5) Secretary.--The term `Secretary' means the
head of the standard-setting agency.</DELETED>
<DELETED> ``(6) Standard-setting agency.--The term
`standard-setting agency' means the Executive department
designated under section 6402(a)(1).</DELETED>
<DELETED> ``(7) 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.</DELETED>
<DELETED>``SEC. 6402. DATA STANDARDS FOR GRANT REPORTING.</DELETED>
<DELETED> ``(a) In General.--</DELETED>
<DELETED> ``(1) Designation of standard-setting agency.--The
Director shall designate the Executive department (as defined
in section 101 of title 5) that issues the most Federal awards
in a calendar year as the standard-setting agency.</DELETED>
<DELETED> ``(2) Establishment of standards.--Not later than
1 year after the date of the enactment of this chapter, the
Secretary and the Director shall establish Governmentwide data
standards for information reported by recipients of Federal
awards.</DELETED>
<DELETED> ``(3) Data elements.--The data standards
established under paragraph (2) shall include, at a minimum--
</DELETED>
<DELETED> ``(A) standard definitions for data
elements required for managing Federal awards;
and</DELETED>
<DELETED> ``(B) unique identifiers for Federal
awards and entities receiving Federal awards that can
be consistently applied Governmentwide.</DELETED>
<DELETED> ``(b) Scope.--The data standards established under
subsection (a) shall include core data elements and may cover any
information required to be reported to any agency by recipients of
Federal awards, including audit-related information reported under
chapter 75 of this title.</DELETED>
<DELETED> ``(c) Requirements.--The data standards required to be
established under subsection (a) shall, to the extent reasonable and
practicable--</DELETED>
<DELETED> ``(1) render information reported by recipients of
Federal grant and cooperative agreement awards fully searchable
and machine-readable;</DELETED>
<DELETED> ``(2) be nonproprietary;</DELETED>
<DELETED> ``(3) incorporate standards developed and
maintained by voluntary consensus standards bodies;</DELETED>
<DELETED> ``(4) be consistent with and implement applicable
accounting and reporting principles; and</DELETED>
<DELETED> ``(5) incorporate the data standards established
under the Federal Funding Accountability and Transparency Act
of 2006 (31 U.S.C. 6101 note).</DELETED>
<DELETED> ``(d) Consultation.--In establishing the data standards
under subsection (a), the Secretary and the Director shall consult
with, as appropriate--</DELETED>
<DELETED> ``(1) the Secretary of the Treasury, to ensure
that the data standards incorporate the data standards created
under the Federal Funding Accountability and Transparency Act
of 2006 (31 U.S.C. 6101 note);</DELETED>
<DELETED> ``(2) the head of each agency that issues Federal
awards;</DELETED>
<DELETED> ``(3) recipients of Federal awards and
organizations representing recipients of Federal
awards;</DELETED>
<DELETED> ``(4) private sector experts;</DELETED>
<DELETED> ``(5) members of the public, including privacy
experts, privacy advocates, and industry stakeholders;
and</DELETED>
<DELETED> ``(6) State and local governments.</DELETED>
<DELETED>``SEC. 6403. GUIDANCE APPLYING DATA STANDARDS FOR GRANT
REPORTING.</DELETED>
<DELETED> ``(a) In General.--Not later than 2 years after the date
of the enactment of this chapter--</DELETED>
<DELETED> ``(1) the Secretary and the Director shall issue
guidance to all agencies directing the agencies to apply the
data standards established under section 6402 to all applicable
reporting by recipients of Federal grant and cooperative
agreement awards; and</DELETED>
<DELETED> ``(2) the Director shall prescribe guidance
applying the data standards to audit-related information
reported under chapter 75.</DELETED>
<DELETED> ``(b) Guidance.--The guidance issued under this section
shall--</DELETED>
<DELETED> ``(1) to the extent reasonable and practicable--
</DELETED>
<DELETED> ``(A) minimize the disruption to existing
reporting practices for agencies and for recipients of
Federal grant and cooperative agreement awards;
and</DELETED>
<DELETED> ``(B) explore opportunities to implement
modern technologies within Federal award
reporting;</DELETED>
<DELETED> ``(2) allow the Director to permit exceptions for
categories of grants if the Director publishes a list of such
exceptions, including exceptions for Indian Tribes and Tribal
organizations consistent with the Indian Self-Determination and
Education Assistance Act; and</DELETED>
<DELETED> ``(3) take into consideration the consultation
required under section 6402(d).</DELETED>
<DELETED>``SEC. 6404. AGENCY REQUIREMENTS.</DELETED>
<DELETED> ``Not later than 3 years after the date of the enactment
of this chapter, the head of each agency shall ensure that all of the
agency's grants and cooperative agreements use data standards for all
future information collection requests and amend existing information
collection requests covered by chapter 35 of title 44 (commonly
referred to as the Paperwork Reduction Act) to comply with the data
standards established under section 6402, consistent with the guidance
issued by the Secretary and the Director under section
6403.''.</DELETED>
<DELETED> (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 new
item:</DELETED>
<DELETED>``64. Data Standards for Grant Reporting 6401''.
<DELETED>SEC. 4. SINGLE AUDIT ACT.</DELETED>
<DELETED> (a) Amendments.--</DELETED>
<DELETED> (1) Section 7502(h) of title 31, United States
Code, is amended by inserting before ``to a Federal
clearinghouse'' the following ``in an electronic form
consistent with the data standards established under chapter
64,''.</DELETED>
<DELETED> (2) Section 7505 of title 31, United States Code,
is amended by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(d) Such guidance shall require audit-related
information reported under this chapter to be reported in an electronic
form consistent with the data standards established under chapter
64.''.</DELETED>
<DELETED> (b) Guidance.--Not later than 2 years after the date of
the 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 title 31, United States
Code, as added by section 3.</DELETED>
<DELETED>SEC. 5. CONSOLIDATION OF ASSISTANCE-RELATED INFORMATION;
PUBLICATION OF PUBLIC INFORMATION AS OPEN DATA.</DELETED>
<DELETED> (a) Collection of Information.--Not later than 4 years
after the date of the enactment of this Act, the Secretary and the
Director shall enable the collection, public display, and maintenance
of Federal award information as a Governmentwide data set, using the
data standards established under chapter 64 of title 31, United States
Code, as added by section 3, subject to reasonable restrictions
established by the Director to ensure protection of personally
identifiable and otherwise sensitive information.</DELETED>
<DELETED> (b) Publication of Information.--The Secretary and the
Director shall require the publication of recipient-reported data
collected from all agencies on a single public portal. Information may
be published on an existing Governmentwide website as determined
appropriate by the Director.</DELETED>
<DELETED> (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'').</DELETED>
<DELETED>SEC. 6. EVALUATION OF NONPROPRIETARY IDENTIFIERS.</DELETED>
<DELETED> (a) Determination Required.--The Director and the
Secretary shall determine whether to use nonproprietary identifiers
under section 6402(a)(3)(B) of title 31, United States Code, as added
by section 3(a).</DELETED>
<DELETED> (b) Factors To Be Considered.--In making the determination
required pursuant to 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 and
privacy advocates.</DELETED>
<DELETED> (c) Publication and Report on Determination.--Not later
than the earlier of 1 year after the date of the enactment of this Act
or the date on which the Secretary and Director establish data
standards pursuant to section 6402(a)(2) of title 31, United States
Code, as added by section 3(a), the Secretary and the Director shall
publish and submit to the Committees on Oversight and Government Reform
of the House of Representatives and Homeland Security and Governmental
Affairs of the Senate a report explaining the reasoning for the
determination made pursuant to subsection (a).</DELETED>
<DELETED>SEC. 7. DEFINITIONS.</DELETED>
<DELETED> In this Act, the terms ``agency'', ``Director'', ``Federal
award'', and ``Secretary'' have the meaning given those terms in
section 6401 of title 31, United States Code, as added by section
3(a).</DELETED>
<DELETED>SEC. 8. RULE OF CONSTRUCTION.</DELETED>
<DELETED> 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 pursuant to any Federal law, rule, or
regulation.</DELETED>
<DELETED>SEC. 9. NO ADDITIONAL FUNDS AUTHORIZED.</DELETED>
<DELETED> 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.</DELETED>
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.
Calendar No. 200
116th CONGRESS
1st Session
H. R. 150
[Report No. 116-96]
_______________________________________________________________________
AN ACT
To modernize Federal grant reporting, and for other purposes.
_______________________________________________________________________
September 10, 2019
Reported with an amendment