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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2590 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 2590

_______________________________________________________________________

                                 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 include grants, contracts, subgrants, 
                subcontracts, loans, awards, cooperative agreements, 
                purchase orders, task orders, delivery orders, and 
                other forms of financial assistance;
                    (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 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 
                fiscal year; and
                    (C) 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 
        and section 204 of the E-Government Act of 2002 (Public Law 
        107-347; 44 U.S.C. 3501 note), 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 single search;
            (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 in 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; and
            (4) shall be updated not later than 30 days after the award 
        of any Federal award requiring a posting.
    (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.

            Passed the Senate September 7 (legislative day, September 
      6), 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 2590

_______________________________________________________________________

                                 AN ACT

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