[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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