[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 1186

Public Law 109-282
109th Congress

An Act


 
To require full disclosure of all entities and organizations receiving
Federal funds.  NOTE: Sept. 26, 2006 -  [S. 2590]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,  NOTE: Federal Funding
Accountability and Transparency Act of 2006.

SECTION 1.  NOTE: 31 USC 6101 note.  SHORT TITLE.

This Act may be cited as the ``Federal Funding Accountability and
Transparency Act of 2006''.

SEC. 2.  NOTE: 31 USC 6101 note.  FULL DISCLOSURE OF ENTITIES
RECEIVING FEDERAL FUNDING.

(a) Definitions.--In this section:
(1) Entity.--The term ``entity''--
(A) includes, whether for profit or nonprofit--
(i) a corporation;
(ii) an association;
(iii) a partnership;
(iv) a limited liability company;
(v) a limited liability partnership;
(vi) a sole proprietorship;
(vii) any other legal business entity;
(viii) any other grantee or contractor that is
not excluded by subparagraph (B) or (C); and
(ix) any State or locality;
(B) on and after January 1, 2009, includes any
subcontractor or subgrantee; and
(C) does not include--
(i) an individual recipient of Federal
assistance; or
(ii) a Federal employee.
(2) Federal award.--The term ``Federal award''--
(A) means Federal financial assistance and
expenditures that--
(i) include grants, subgrants, loans, awards,
cooperative agreements, and other forms of
financial assistance;
(ii) include contracts, subcontracts, purchase
orders, task orders, and delivery orders;
(B) does not include individual transactions below
$25,000; and
(C) before October 1, 2008, does not include credit
card transactions.
(3) Searchable website.--The term ``searchable website''
means a website that allows the public to--

[[Page 1187]]
120 STAT. 1187

(A) search and aggregate Federal funding by any
element required by subsection (b)(1);
(B) ascertain through a single search the total
amount of Federal funding awarded to an entity by a
Federal award described in paragraph (2)(A)(i), by
fiscal year;
(C) ascertain through a single search the total
amount of Federal funding awarded to an entity by a
Federal award described in paragraph (2)(A)(ii), by
fiscal year; and
(D) download data included in subparagraph (A)
included in the outcome from searches.

(b) In General.--
(1) Website.--Not  NOTE: Deadline.  later than January 1,
2008, the Office of Management and Budget shall, in accordance
with this section, section 204 of the E-Government Act of 2002
(Public Law 107-347; 44 U.S.C. 3501 note), and the Office of
Federal Procurement Policy Act (41 U.S.C. 403 et seq.), ensure
the existence and operation of a single searchable website,
accessible by the public at no cost to access, that includes for
each Federal award--
(A) the name of the entity receiving the award;
(B) the amount of the award;
(C) information on the award including transaction
type, funding agency, the North American Industry
Classification System code or Catalog of Federal
Domestic Assistance number (where applicable), program
source, and an award title descriptive of the purpose of
each funding action;
(D) the location of the entity receiving the award
and the primary location of performance under the award,
including the city, State, congressional district, and
country;
(E) a unique identifier of the entity receiving the
award and of the parent entity of the recipient, should
the entity be owned by another entity; and
(F) any other relevant information specified by the
Office of Management and Budget.
(2) Scope of data.--The website shall include data for
fiscal year 2007, and each fiscal year thereafter.
(3) Designation of agencies.--The Director of the Office of
Management and Budget is authorized to designate one or more
Federal agencies to participate in the development,
establishment, operation, and support of the single website. In
the initial designation, or in subsequent instructions and
guidance, the Director may specify the scope of the
responsibilities of each such agency.
(4) Agency responsibilities.--Federal agencies shall comply
with the instructions and guidance issued by the Director of the
Office of Management and Budget under paragraph (3), and shall
provide appropriate assistance to the Director upon request, so
as to assist the Director in ensuring the existence and
operation of the single website.

(c) Website.--The website established under this section--
(1) may use as the source of its data the Federal
Procurement Data System, Federal Assistance Award Data System,
and Grants.gov, if all of these data sources are searchable
through the website and can be accessed in a search on the
website required by this Act, provided that the user may--

[[Page 1188]]
120 STAT. 1188

(A) specify such search shall be confined to Federal
contracts and subcontracts;
(B) specify such search shall be confined to include
grants, subgrants, loans, awards, cooperative
agreements, and other forms of financial assistance;
(2) shall not be considered in compliance if it hyperlinks
to the Federal Procurement Data System website, Federal
Assistance Award Data System website, Grants.gov website, or
other existing websites, so that the information elements
required by subsection (b)(1) cannot be searched electronically
by field in a single search;
(3)  NOTE: Public comments.  shall provide an opportunity
for the public to provide input about the utility of the site
and recommendations for improvements;
(4)  NOTE: Deadline.  shall be updated not later than 30
days after the award of any Federal award requiring a posting;
and
(5) shall provide for separate searches for Federal awards
described in subsection (a) to distinguish between the Federal
awards described in subsection (a)(2)(A)(i) and those described
in subsection (a)(2)(A)(ii).

(d) Subaward Data.--
(1) Pilot program.--
(A) In general.--Not  NOTE: Deadline.  later than
July 1, 2007, the Director of the Office of Management
and Budget shall commence a pilot program to--
(i) test the collection and accession of data
about subgrants and subcontracts; and
(ii) determine how to implement a subaward
reporting program across the Federal Government,
including--
(I) a reporting system under which
the entity issuing a subgrant or
subcontract is responsible for
fulfilling the subaward reporting
requirement; and
(II) a mechanism for collecting and
incorporating agency and public feedback
on the design and utility of the
website.
(B) Termination.--The pilot program under
subparagraph (A) shall terminate not later than January
1, 2009.
(2) Reporting of subawards.--
(A) In general.--Based on the pilot program
conducted under paragraph (1), and, except as provided
in subparagraph (B), not later than January 1, 2009, the
Director of the Office of Management and Budget--
(i) shall ensure that data regarding subawards
are disclosed in the same manner as data regarding
other Federal awards, as required by this Act; and
(ii) shall ensure that the method for
collecting and distributing data about subawards
under clause (i)--
(I) minimizes burdens imposed on
Federal award recipients and subaward
recipients;
(II) allows Federal award recipients
and subaward recipients to allocate
reasonable costs for the collection and
reporting of subaward data as indirect
costs; and

[[Page 1189]]
120 STAT. 1189

(III) establishes cost-effective
requirements for collecting subaward
data under block grants, formula grants,
and other types of assistance to State
and local governments.
(B) Extension of deadline.--For subaward recipients
that receive Federal funds through State, local, or
tribal governments, the Director of the Office of
Management and Budget may extend the deadline for
ensuring that data regarding such subawards are
disclosed in the same manner as data regarding other
Federal awards for a period not to exceed 18 months, if
the Director determines that compliance would impose an
undue burden on the subaward recipient.

(e) Exception.--Any entity that demonstrates to the Director of the
Office of Management and Budget that the gross income, from all sources,
for such entity did not exceed $300,000 in the previous tax year of such
entity shall be exempt from the requirement to report subawards under
subsection (d), until the Director determines that the imposition of
such reporting requirements will not cause an undue burden on such
entities.
(f) Construction.--Nothing in this Act shall prohibit the Office of
Management and Budget from including through the website established
under this section access to data that is publicly available in any
other Federal database.
(g) Report.--
(1) In general.--The Director of the Office of Management
and Budget shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives an annual
report regarding the implementation of the website established
under this section.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) data regarding the usage and public feedback on
the utility of the site (including recommendations for
improving data quality and collection);
(B) an assessment of the reporting burden placed on
Federal award and subaward recipients; and
(C) an explanation of any extension of the subaward
reporting deadline under subsection (d)(2)(B), if
applicable.
(3) Publication.--The  NOTE: Public information.  Director
of the Office of Management and Budget shall make each report
submitted under paragraph (1) publicly available on the website
established under this section.

SEC. 3.  NOTE: 31 USC 6101 note.  CLASSIFIED INFORMATION.

Nothing in this Act shall require the disclosure of classified
information.

[[Page 1190]]
120 STAT. 1190

SEC. 4.  NOTE: 31 USC 6101 note.  GOVERNMENT ACCOUNTABILITY OFFICE
REPORTING REQUIREMENT.

Not later than January 1, 2010, the Comptroller General shall submit
to Congress a report on compliance with this Act.

Approved September 26, 2006.

LEGISLATIVE HISTORY--S. 2590:
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SENATE REPORTS: No. 109-329 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 7, considered and passed Senate.
Sept. 13, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Sept. 26, Presidential remarks.