HR 2340 IH1S 
eral agencies have appropriate measures in place to 
review data submissions under this Act for accuracy 
and completeness. 
‘‘(3) An identification and report on new stand-
ards that Inspector General recommends for imple-
mentation by agencies to improve data quality. 
‘‘(b) OMB REPORT.—Not later than April 1 of each 
year, the Director of the Office of Management and Budg-
et shall make each report submitted under subsection (a) 
for the previous fiscal year available to the public, includ-
ing a review of the findings of the audit and recommenda-
tions to improve data quality, through the website created 
by this Act.’’. 
SEC. 503. REQUIREMENTS RELATING TO REPORTING OF 
AWARD DATA. 
(a) REVISION OF GUIDANCE.—The Director of the 
Office of Management and Budget shall revise the Office’s 
guidance to Federal agencies on reporting Federal awards 
to clarify— 
(1) the requirement that award titles describe 
the award’s purpose; and 
(2) requirements for validating and docu-
menting agency award data submitted by Federal 
agencies. 
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(b) INCLUSION OF CITY INFORMATION.—The Direc-
tor of the Office of Management and Budget shall include 
information on the city where work is performed in the 
Office’s public reporting of the completeness of agency 
data submissions. 
SEC. 504. RECIPIENT PERFORMANCE TRANSPARENCY. 
(a) IN GENERAL.—The Federal Funding Account-
ability and Transparency Act of 2006 (Public Law 109– 
282; 31 U.S.C. 6101 note), as amended by sections 501 
and 502, is further amended by adding at the end the 
following: 
‘‘SEC. 6. RECIPIENT PERFORMANCE TRANSPARENCY AND 
PAST PERFORMANCE. 
‘‘The Director of the Office of Management and 
Budget shall ensure that the unique identifier required in 
section 2(b)(1)(E) that is used to link information about 
the entity receiving the award on the searchable website 
is also used to link information about that entity on the 
Federal Awardee Performance Integrity Information Sys-
tem.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall be implemented not later than June 
30, 2012. 
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SEC. 505. IMPROVEMENT OF FEDERAL AWARDEE PER-
FORMANCE AND INTEGRITY INFORMATION 
SYSTEM DATABASE. 
(a) REQUIREMENT TO INCLUDE IN DATABASE 10 
YEARS OF INFORMATION ON CERTAIN PERSONS AWARD-
ED FEDERAL CONTRACTS OR GRANTS.—Section 872 of 
the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 
4555) is amended in subsection (c) by striking ‘‘5-year’’ 
and inserting ‘‘10-year’’. 
(b) REQUIREMENT TO INCLUDE INFORMATION IN 
DATABASE REGARDING CERTAIN JUDGMENTS AND SET-
TLEMENTS.—Section 872 of such Act is further amended 
in subsection (c)(1) by adding at the end the following 
new subparagraphs: 
‘‘(E) In an administrative proceeding, any 
administrative judgment that does not contain 
an explicit finding or acknowledgment of fault. 
‘‘(F) In a civil proceeding, any settlement 
that does not contain an explicit finding or ac-
knowledgment of fault.’’. 
SEC. 506. FEDERAL CONTRACTOR COMPLIANCE. 
(a) SELF-REPORTING REQUIREMENT.—Subsection 
(f) of section 2313 of title 41, United States Code, is 
amended to read as follows: 
‘‘(f) SELF-REPORTING REQUIREMENT.— 
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‘‘(1) CONTRACTS IN EXCESS OF SIMPLIFIED AC-
QUISITION THRESHOLD.—No funds appropriated or 
otherwise made available by any Act may be used for 
any Federal contract for the procurement of prop-
erty or services in excess of the simplified acquisition 
threshold unless the contractor has first made the 
certifications set forth in section 52.209–5 of the 
Federal Acquisition Regulation. 
‘‘(2) CONTRACTS IN EXCESS OF $500,000.—No 
funds appropriated or otherwise made available by 
any Act may be used for any Federal contract for 
the procurement of property or services in excess of 
$500,000 unless the contractor— 
‘‘(A) certifies that the contractor has sub-
mitted to the Administrator the information re-
quired under subsection (c) and that such infor-
mation is current as of the date of such certifi-
cation; or 
‘‘(B) certifies that the contractor has cu-
mulative active Federal contracts and grants 
with a total value of less than $10,000,000.’’. 
(b) PERIODIC INSPECTION OR REVIEW OF CONTRACT 
FILES.—Section 2313(e)(2) of such title is amended by 
adding at the end the following new subparagraph: 
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‘‘(C) PERIODIC INSPECTION OR REVIEW.— 
The Inspector General of each Federal agency 
shall periodically— 
‘‘(i) conduct an inspection or review of 
the contract files required under subpara-
graph (B) to determine if the agency is 
providing appropriate consideration of the 
information included in the database cre-
ated pursuant to subsection (c); and 
‘‘(ii) submit a report containing the 
results of the inspection or review con-
ducted under clause (i) to the Committee 
on Homeland Security and Governmental 
Affairs of the Senate and the Committee 
on Oversight and Government Reform of 
the House of Representatives.’’. 
(c) ANNUAL REPORT.—The Comptroller General of 
the United States shall annually submit a report to the 
appropriate congressional committees describing the ex-
tent to which suspended or debarred contractors on the 
Excluded Parties List System— 
(1) are identified as having received Federal 
contracts on USAspending.gov; or 
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(2) were granted waivers from Federal agencies 
from suspension or debarment for purposes of enter-
ing into Federal contracts. 
SEC. 507. UNIQUE IDENTIFYING NUMBER. 
(a) STUDY.—The Inspector General of the General 
Services Administration shall conduct a study on the use 
of identifying numbers for Federal awardees to— 
(1) determine if the system of awardee identi-
fying numbers in use as of the date of the enactment 
of this Act is adequately tracking Federal awardees; 
(2) assess the feasibility of developing and 
adopting a new unique Federal awardee identifica-
tion system; and 
(3) determine whether such system would more 
effectively track Federal awardees. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Inspector General shall 
submit to the appropriate congressional committees a re-
port on the study conducted under subsection (a). 
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TITLE VI—EXECUTIVE BRANCH 
TRANSPARENCY 
SEC. 601. REQUIREMENT FOR DISCLOSURE OF FEDERAL 
SPONSORSHIP 
OF 
ALL 
FEDERAL 
ADVER-
TISING OR OTHER COMMUNICATIONS. 
(a) REQUIREMENT.—Every advertisement or other 
communication paid for by an agency, either directly or 
through a contract awarded by the agency, shall include 
a prominent notice informing the target audience that the 
advertisement or other communication is paid for by that 
agency. 
(b) DEFINITIONS.—In this section: 
(1) ADVERTISEMENT
OR
OTHER
COMMUNICA-
TIONS.—In this section, the term ‘‘advertisement or 
other communication’’ includes— 
(A) an advertisement disseminated in any 
form, including print or by any electronic 
means; and 
(B) a communication by an individual in 
any form, including speech, print, or by any 
electronic means. 
(2) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term under section 551 of title 
5, United States Code. 
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TITLE 
VII—STRENGTHENING 
THE FREEDOM OF INFORMA-
TION ACT 
SEC. 701. DIGITAL ACCESS TO COMPLETED RESPONSES TO 
THE FREEDOM OF INFORMATION ACT. 
(a) REQUIREMENT.— 
(1) DATABASE
OF
COMPLETED
FOIA
RE-
QUESTS.—Each agency shall make available all ma-
terials contained in the agency’s completed response 
to a request under section 552 of title 5, United 
States Code (in this section referred to as a ‘‘FOIA 
request’’) in a structured database or in a search-
able, sortable, downloadable, machine-readable data-
base within one month after the date the FOIA re-
quest was completed. 
(2) ELECTRONIC FORMAT.—All information is 
presumed to be available in an electronic format as 
described in paragraph (1) unless the agency dem-
onstrates that excessive cost would place an undue 
burden on the agency. 
(b) PUBLIC AVAILABILITY.—All information included 
in the agency’s completed response to a FOIA request 
shall be made available to the public electronically and 
without cost through each agency’s Web site. 
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(c) AGENCY DEFINED.—In this section, the term 
‘‘agency’’ has the meaning given that term under section 
551 of title 5, United States Code. 
TITLE VIII—ENFORCEMENT 
SEC. 801. AUDITS BY THE GOVERNMENT ACCOUNTABILITY 
OFFICE. 
(a) AUDIT REQUIREMENT.—The Comptroller Gen-
eral shall conduct annual audits of the implementation of 
the provisions in this Act, and shall submit annually to 
the Committee on Oversight and Government Reform of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate a report on the results of the audits. 
(b) MATTERS COVERED BY AUDITS.—Audits con-
ducted under this section shall address whether the con-
gressional and executive branch data that is required to 
be provided to the public through the Internet is each of 
the following: 
(1) COMPLETE.—Made available, except for 
data that is subject to privacy, security, or privilege 
exemptions. 
(2) PRIMARY.—Collected at the source, with the 
highest possible level of granularity, not in aggregate 
or modified forms. 
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(3) TIMELY.—Made available as quickly as nec-
essary to preserve the value of the data. 
(4) ACCESSIBLE.—Available to the widest range 
of users for the widest range of purposes. 
(5) 
MACHINE
PROCESSABLE.—Reasonably 
structured to allow automated processing. 
(6) NON-DISCRIMINATORY.—Available to any-
one, with no registration requirement. 
(7) NON-PROPRIETARY.—Available in a format 
over which no entity has exclusive control. 
(8) LICENSE-FREE.—Not subject to any copy-
right, patent, trademark, or trade secret regulation 
(with reasonable privacy, security, and privilege re-
strictions). 
(c) CURRENT STANDARDS.—Audits conducted under 
this section shall also address whether the data provided 
to the public under this Act is produced and maintained 
using current standards for data publication. 
Æ 
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