[Congressional Record Volume 165, Number 166 (Monday, October 21, 2019)]
[Senate]
[Pages S5927-S5928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GRANT REPORTING EFFICIENCY AND AGREEMENTS TRANSPARENCY ACT OF 2019
Mr. HOEVEN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 200, H.R. 150.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (H.R. 150) to modernize Federal grant reporting, and
for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Homeland Security and
Governmental Affairs, with an amendment to strike all after the
enacting clause and insert in lieu thereof the following:
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.
[[Page S5928]]
``(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.
Mr. HOEVEN. I ask unanimous consent that the committee-reported
substitute amendment be agreed to; that the bill, as amended, be
considered read a third time and passed; and that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment, in the nature of a substitute, was
agreed to.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time.
The bill (H.R. 150), as amended, was passed.
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