**UNITED STATES PUBLIC LAWS**

**109th Congress - Second Session**

**Convening January 7, 2005**

Additions and Deletions are not identified in this database.

Vetoed provisions within tabular material are not displayed

PL 109-282 (S 2590)

September 26, 2006

**FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006**

An Act To require full disclosure of all entities and organizations
receiving Federal funds.

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 \"Federal Funding Accountability and
Transparency Act of 2006\".

SEC. 2. 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\--

   (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 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\--

   (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;

\(3\) shall provide an opportunity for the public to provide input about
the utility of the site and recommendations for improvements;

\(4\) 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 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

     (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 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. CLASSIFIED INFORMATION.

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

SEC. 4. 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:

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.