[Congressional Record Volume 165, Number 8 (Tuesday, January 15, 2019)]
[House]
[Pages H569-H572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GRANT REPORTING EFFICIENCY AND AGREEMENTS TRANSPARENCY ACT OF 2019
Mr. CUMMINGS. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 150) to modernize Federal grant reporting, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows
H.R. 150
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 ``Grant Reporting Efficiency
and Agreements Transparency Act of 2019'' or the ``GREAT
Act''.
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 grants and cooperative
agreement recipients must report to the Federal Government;
(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
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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, by
both the public and private sectors, to better manage data
recipients already provide to the Federal Government; and
(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.
SEC. 3. DATA STANDARDS FOR GRANT REPORTING.
(a) Amendment.--Subtitle V of title 31, United States Code,
is amended by inserting after chapter 63 the following new
chapter:
``CHAPTER 64--DATA STANDARDS FOR GRANT REPORTING
``SEC. 6401. DEFINITIONS.
``In this chapter:
``(1) Agency.--The term `agency' has the meaning given that
term in section 552(f) of title 5.
``(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.
``(3) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(4) 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 grants, subgrants, awards, and cooperative
agreements; and
``(C) does not include--
``(i) conventional public information services or
procurement of property or services for the direct benefit or
use of the Government; or
``(ii) an agreement that provides only--
``(I) direct Government cash assistance to an individual;
``(II) a subsidy;
``(III) a loan;
``(IV) a loan guarantee; or
``(V) insurance.
``(5) Secretary.--The term `Secretary' means the head of
the standard-setting agency.
``(6) Standard-setting agency.--The term `standard-setting
agency' means the Executive department designated under
section 6402(a)(1).
``(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.
``SEC. 6402. DATA STANDARDS FOR GRANT REPORTING.
``(a) In General.--
``(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.
``(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.
``(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 entities
receiving Federal awards that can be consistently applied
Governmentwide.
``(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.
``(c) Requirements.--The data standards required to be
established under subsection (a) shall, to the extent
reasonable and practicable--
``(1) render information reported by recipients of Federal
grant and cooperative agreement 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, as appropriate--
``(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);
``(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, and industry stakeholders; and
``(6) State and local governments.
``SEC. 6403. GUIDANCE APPLYING DATA STANDARDS FOR GRANT
REPORTING.
``(a) In General.--Not later than 2 years after the date of
the enactment of this chapter--
``(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
``(2) the Director shall prescribe guidance applying the
data standards to audit-related information reported under
chapter 75.
``(b) Guidance.--The guidance issued under this section
shall--
``(1) to the extent reasonable and practicable--
``(A) minimize the disruption to existing reporting
practices for agencies and for recipients of Federal grant
and cooperative agreement awards; and
``(B) explore opportunities to implement modern
technologies within Federal award reporting;
``(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
``(3) take into consideration the consultation required
under section 6402(d).
``SEC. 6404. AGENCY REQUIREMENTS.
``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.''.
(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:
``64. Data Standards for Grant Reporting 6401''.
SEC. 4. SINGLE AUDIT ACT.
(a) Amendments.--
(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,''.
(2) Section 7505 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(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.''.
(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.
SEC. 5. CONSOLIDATION OF ASSISTANCE-RELATED INFORMATION;
PUBLICATION OF PUBLIC INFORMATION AS OPEN DATA.
(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.
(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.
(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. 6. EVALUATION OF NONPROPRIETARY IDENTIFIERS.
(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).
(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,
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private-sector experts, and members of the public, including
privacy experts and privacy advocates.
(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).
SEC. 7. DEFINITIONS.
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).
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 pursuant to 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Cummings) and the gentlewoman from North Carolina (Ms.
Foxx) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. CUMMINGS. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 150, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
{time} 1345
Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, the Grant Reporting Efficiency and Agreements
Transparency Act, introduced by Representatives Virginia Foxx and
Jimmy Gomez, would standardize reporting for recipients of Federal
grants and cooperative agreements.
Grant recipients often have to report the same information in
different ways because Federal agencies do not use the same forms or
even the same terms to describe required information.
Madam Speaker, I have often said that the most important thing that
we must do in our lives is to operate in an effective and efficient
manner, and that also includes this Congress.
Under this bill, the Director of the Office of Management and Budget
and the Secretary of Health and Human Services would be required to
establish governmentwide data standards for grant reporting--again,
efficiency and effectiveness.
The bill would encourage OMB and HHS to make the information that
grant recipients report fully searchable and machine-readable. This
would provide greater transparency into the money spent on the grants
because spending data would be more usable.
The bill also would require that data collected from grant recipients
be published on a single public portal.
Madam Speaker, I thank the distinguished gentlewoman, Ms. Foxx, for
working with Representative Connolly last Congress on the use of
nonproprietary identifiers for grants and grantees. She, too, has
worked in a hard, bipartisan way to bring solutions to problems, to
bring practical solutions to problems.
The bill before us would allow this issue to be carefully considered
to ensure it is workable.
Madam Speaker, I reserve the balance of my time.
Ms. FOXX of North Carolina. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, I appreciate very much the comments made by my
colleague from Maryland and appreciate particularly the emphasis this
afternoon that has been placed on bipartisan bills and efficiency and
effectiveness in the Federal Government. Those are values that should
not be assigned to any particular party. They are important for our
country. They are important for what we do.
Madam Speaker, I yield such time as he may consume to the gentleman
from Virginia (Mr. Cline), who has been waiting patiently to speak on
this bill.
Mr. CLINE. Madam Speaker, I am pleased to rise in support of H.R.
150, the Grant Reporting Efficiency and Agreements Transparency Act.
Madam Speaker, in 1788, Patrick Henry spoke at the Virginia
Constitutional Convention, where he said: ``The liberties of a people
never were, nor ever will be, secure when the transactions of their
rulers may be concealed from them.''
Transparency in government is an important principle for the
preservation of our Republic, and it has been a priority for me during
my tenure in the Virginia House of Delegates, where I was proud to
sponsor legislation to put the entire State budget in a searchable
online database.
In a similar vein, H.R. 150 would require that data on more than $600
billion in Federal grants be standardized and published on a single
online portal.
This is bipartisan legislation that would modernize the way the
Federal Government does business by simplifying grant reporting
information into a searchable, more manageable system.
Nonprofit, State and local governments, and small businesses will no
longer be forced to spend meaningful work hours on filling out
duplicative paperwork.
In return, this will not only make the grant reporting process more
transparent but will make it more efficient and accessible to everyday
Americans, thus saving taxpayer dollars and helping to fulfill the
vision of another Virginian, Thomas Jefferson, who in his first
inaugural said: ``A wise and frugal government, which shall restrain
men from injuring one another, shall leave them otherwise free to
regulate their own pursuits of industry and improvement, and shall not
take from the mouth of labor the bread it has earned. This is the sum
of good government.''
Madam Speaker, I support this bill and urge its passage.
Mr. CUMMINGS. Madam Speaker, we have no further speakers, and I
reserve the balance of my time.
Ms. FOXX of North Carolina. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, I appreciate the gentleman from Virginia sharing his
comments with us, and I would like to continue my remarks by thanking
Representative Jimmy Gomez for helping author this piece of
legislation, the Grant Reporting Efficiency and Agreements Transparency
Act, or GREAT Act.
Representative Gomez has been an outstanding partner on this
bipartisan bill to create more transparency, efficiency, and
accountability in the Federal grant reporting process, and I thank him
for his hard work.
Madam Speaker, in 2017, the Federal Government awarded $662.7 billion
in grants funding to State agencies, local and Tribal governments,
agencies, nonprofits, universities, and organizations. This is a lot of
hardworking tax dollars, even in terms of Washington-speak.
Within our Federal Government, there are 26 agencies awarding Federal
grants, and all of them continue to rely on outdated, burdensome,
document-based forms to collect and track grant dollars. Society has
moved into a new age of information and technology, and it is time that
our government follows suit.
The GREAT Act represents bipartisan legislation to modernize the
Federal grant reporting process. It does so by mandating a standardized
data structure for information that recipients report to Federal
agencies.
Unless the reporting requirements for Federal grants are searchable,
the auditing process will continue to yield waste and inefficiency at
best, and potentially fraud and abuse at worst.
Adopting a governmentwide open data structure for all the information
grantees report will alleviate compliance burdens; provide instant
insights for grantor agencies and Congress; and enable easy access to
data for oversight, analytics, and program evaluation.
Digitizing and, therefore, automating the reporting process would
have a twofold effect. First, it allows grantees to maximize every
dollar they receive
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from the taxpayers to ensure it goes back into communities, supporting
local businesses, organizations, and education.
Lastly, the GREAT Act has received broad support from an array of
good government groups. The coalition endorsing the GREAT Act includes
the Bipartisan Policy Center, American Association of Law Libraries,
American Library Association, Association of Government Accountants,
Association of Research Libraries, Data Coalition, Demand Progress,
Government Accountability Project, Government Information Watch, Grant
Professionals Association, National Grants Management Association,
National Taxpayers Union, Native American Finance Officers Association,
the Project on Government Oversight, R Street Institute, Senior
Executives Association, and the Scholarly Publishing and Academic
Resources Coalition.
In order to fix the way Federal grants are reported, we must move
from a document-centric reporting system to a data superhighway. I urge
my colleagues in the House and Senate to support the GREAT Act and
bring grant reporting into the 21st century.
Madam Speaker, again, I urge my colleagues to support the bill, and I
reserve the balance of my time.
Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, this bill is intended to reduce the burden on
applicants for Federal grants by enabling a more streamlined electronic
process for completing grant applications. It would require HHS and OMB
to develop uniform data standards for common application elements, such
as the name and address of the organization and the name of the grant.
This will, hopefully, lead to the development of a uniform grant
application that could be used across all Federal agencies. That would
improve the efficiency and effectiveness of the grant application
process immensely.
Madam Speaker, I urge all Members to support this measure, and I hope
that the Senate will quickly pass it.
Madam Speaker, I reserve the balance of my time.
Ms. FOXX of North Carolina. Madam Speaker, we have no further
speakers.
Madam Speaker, I urge my colleagues again, along with Mr. Cummings,
to support this bill, and I yield back the balance of my time.
Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I again thank Ms. Foxx for this very important
legislation and all of the bipartisan efforts that made it happen.
This bill and the others that we have dealt with today, where there
was such great bipartisanship to get it done, I hope that we will take
these as a model of what this Congress can do.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Cummings) that the House suspend the rules
and pass the bill, H.R. 150.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CUMMINGS. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________