Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	6,189	n/a	n/a
Reported in House	7,977	127	32%
Engrossed in House	14,365	419	69%
Referred in Senate	14,292	5 Show Changes Hide Changes	0%

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HR 2146 EHRFSCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 2146CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To amend title 31, United States Code, to require accountability and transparency in Federal spending, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Digital Accountability and Transparency Act of 2012’ or the ‘DATA Act’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink

TITLE I--ACCOUNTABILITY AND TRANSPARENCY IN FEDERAL SPENDING

Sec. 101. General requirements for accountability and transparency in Federal spending.CommentsClose CommentsPermalink





Sec. 102. Data standardization for accountability and transparency in Federal spending.CommentsClose CommentsPermalink





Sec. 103. Amendments to the Federal Funding Accountability and Transparency Act of 2006.CommentsClose CommentsPermalink





Sec. 104. Effective date and deadlines for accountability and transparency in Federal spending.CommentsClose CommentsPermalink

TITLE II--FEDERAL ACCOUNTABILITY AND SPENDING TRANSPARENCY COMMISSION

Sec. 201. Federal Accountability and Spending Transparency Commission.CommentsClose CommentsPermalink





Sec. 202. Conforming amendment relating to compensation of Chairman.CommentsClose CommentsPermalink





Sec. 203. Conforming amendments related to Recovery Accountability and Transparency Board.CommentsClose CommentsPermalink

TITLE III--ADDITIONAL PROVISIONS

Sec. 301. Classified information.CommentsClose CommentsPermalink





Sec. 302. Paperwork Reduction Act exemption.CommentsClose CommentsPermalink





Sec. 303. Matching program exception for inspectors general.CommentsClose CommentsPermalink





Sec. 304. Transfer of Consolidated Federal Funds Report.CommentsClose CommentsPermalink





Sec. 305. Transfer of authority over Catalog of Federal Domestic Assistance to Commission.CommentsClose CommentsPermalink





Sec. 306. Government Accountability Office Improvement.CommentsClose CommentsPermalink





Sec. 307. Amendments to the Inspector General Act of 1978 and the Inspector General Reform Act of 2008.CommentsClose CommentsPermalink





Sec. 308. Limits and transparency for travel and conference spending.CommentsClose CommentsPermalink





Sec. 309. Effective date.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) The term ‘Commission’ means the Federal Accountability and Spending Transparency Commission established under subchapter III of chapter 36 of title 31, United States Code, as added by this Act.CommentsClose CommentsPermalink





(2) The term ‘Executive agency’ has the meaning provided by section 105 of title 5, United States Code, except the term does not include the Government Accountability Office.CommentsClose CommentsPermalink

TITLE I--ACCOUNTABILITY AND TRANSPARENCY IN FEDERAL SPENDINGCommentsClose CommentsPermalink

SEC. 101. GENERAL REQUIREMENTS FOR ACCOUNTABILITY AND TRANSPARENCY IN FEDERAL SPENDING.

(a) In General- Subtitle III of title 31, United States Code, is amended by inserting after chapter 35 the following new chapter:CommentsClose CommentsPermalink

‘CHAPTER 36--ACCOUNTABILITY AND TRANSPARENCY IN FEDERAL SPENDING

‘subchapter i--reporting requirements

‘3601. Definitions.CommentsClose CommentsPermalink





‘3602. Recipient reporting requirement.CommentsClose CommentsPermalink





‘3603. Agency reporting requirement.CommentsClose CommentsPermalink





‘3604. Treasury reporting requirement.CommentsClose CommentsPermalink





‘3605. Exemptions from recipient reporting requirement.CommentsClose CommentsPermalink

‘subchapter ii--data standardization

‘3611. Data standardization for reporting information.CommentsClose CommentsPermalink





‘3612. Full disclosure of information.CommentsClose CommentsPermalink





‘3613. Federal accountability portal.CommentsClose CommentsPermalink





‘3614. Agency responsibilities.CommentsClose CommentsPermalink





‘3615. Consolidated financial reporting.CommentsClose CommentsPermalink





‘3616. Office of Management and Budget responsibilities.CommentsClose CommentsPermalink





‘3617. Treasury responsibilities.CommentsClose CommentsPermalink





‘3618. General Services Administration responsibilities.CommentsClose CommentsPermalink

‘subchapter iii--federal accountability and spending transparency commission

‘3621. Establishment.CommentsClose CommentsPermalink





‘3622. Composition of the Commission.CommentsClose CommentsPermalink





‘3623. Functions.CommentsClose CommentsPermalink





‘3624. Powers.CommentsClose CommentsPermalink





‘3625. Employment, personnel, and related authorities.CommentsClose CommentsPermalink





‘3626. Transfer of certain personnel.CommentsClose CommentsPermalink





‘3627. Advisory committee to Commission.CommentsClose CommentsPermalink





‘3628. Authorization and availability of appropriations.CommentsClose CommentsPermalink





‘3629. Sunset.CommentsClose CommentsPermalink

‘subchapter iv--general provisions

‘3641. Independence of inspectors general.CommentsClose CommentsPermalink





‘3642. Effective date.CommentsClose CommentsPermalink

‘SUBCHAPTER I--REPORTING REQUIREMENTS

‘Sec. 3601. Definitions

‘In this chapter:CommentsClose CommentsPermalink





‘(1) RECIPIENT- The term ‘recipient’ means--CommentsClose CommentsPermalink





‘(A) any person that receives Federal funds pursuant to a Federal award, either directly or through a subgrant or subcontract at any tier; andCommentsClose CommentsPermalink





‘(B) any State, local, or tribal government, or any government corporation, that receives Federal funds pursuant to a Federal award, either directly or through a subgrant or subcontract at any tier.CommentsClose CommentsPermalink





‘(2) FEDERAL AWARD- The term ‘Federal award’ means Federal financial assistance and expenditures that--CommentsClose CommentsPermalink





‘(A) include grants, subgrants, loans, awards, cooperative agreements, agreements entered into under other transactional authority, and other forms of financial assistance; andCommentsClose CommentsPermalink





‘(B) include contracts, subcontracts, purchase orders, task orders, and delivery orders.CommentsClose CommentsPermalink





‘(3) COMMISSION- The term ‘Commission’ means the Federal Accountability and Spending Transparency Commission established under subchapter III of this chapter, or any successor entity to the Federal Accountability and Spending Transparency Commission.CommentsClose CommentsPermalink





‘(4) CHAIRMAN- The term ‘Chairman’ means the Chairman of the Federal Accountability and Spending Transparency Commission.CommentsClose CommentsPermalink





‘(5) EXECUTIVE AGENCY- The term ‘Executive agency’ has the meaning provided by section 105 of title 5, except the term does not include the Government Accountability Office.CommentsClose CommentsPermalink





‘(6) FOREIGN CORRUPT PRACTICES ACT OF 1977- The term ‘Foreign Corrupt Practices Act of 1977’ means--CommentsClose CommentsPermalink





‘(A) section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1); andCommentsClose CommentsPermalink





‘(B) sections 104 and 104A of the Foreign Corrupt Practices Act (15 U.S.C. 78dd-2).CommentsClose CommentsPermalink

‘Sec. 3602. Recipient reporting requirement

‘(a) Requirement- Each recipient shall report to the Commission each receipt and use of Federal funds pursuant to a Federal award.CommentsClose CommentsPermalink





‘(b) Characteristics of Reports-CommentsClose CommentsPermalink





‘(1) FREQUENCY OF REPORTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commission shall designate, by rule, the frequency of reports to be submitted by recipients under subsection (a), but the frequency shall not be less than once each quarter.CommentsClose CommentsPermalink





‘(B) DEADLINES- The Commission shall, by rule, specify deadlines by which a particular receipt or use of Federal funds must be reported by a recipient under subsection (a). In specifying deadlines under this subparagraph, the Commission shall take into account the capabilities of the management and accounting systems and processes of recipients. The Commission shall, by rule, provide for extensions of the deadlines specified under this subparagraph in cases of hardship or emergency.CommentsClose CommentsPermalink





‘(C) CONTINUOUS OR AUTOMATIC REPORTING- To the extent practicable, the Commission shall require continuous or automatic reporting for compliance with this section.CommentsClose CommentsPermalink





‘(2) CONTENT OF REPORTS- Each report submitted by a recipient under subsection (a) shall contain the following information:CommentsClose CommentsPermalink





‘(A) An identification of the recipient, including the recipient’s name and location (including city, county, State, congressional district, and country), with location information provided in proper United States Postal Service standardized format, including ZIP+4, or proper international postal service standardized format where applicable.CommentsClose CommentsPermalink





‘(B) An identification of the recipient and the parent entity of the recipient, if the recipient is owned by another entity.CommentsClose CommentsPermalink





‘(C) An identification of the Executive agency.CommentsClose CommentsPermalink





‘(D) An identification of the Federal award.CommentsClose CommentsPermalink





‘(E) If applicable, an identification of the program pursuant to which the Federal award was awarded.CommentsClose CommentsPermalink





‘(F) The total amount of Federal funds received from that Executive agency for the Federal award, during the period covered by the report.CommentsClose CommentsPermalink





‘(G) The amount of Federal funds from the Federal award that were expended or obligated by the recipient to projects or activities during the period covered by the report.CommentsClose CommentsPermalink





‘(H) A list of all projects or activities for which Federal funds were expended or obligated.CommentsClose CommentsPermalink





‘(I) If the Federal award is a prime award, an identification of its immediate subawards.CommentsClose CommentsPermalink





‘(J) If the Federal award is a subaward, an identification of its immediate prime award.CommentsClose CommentsPermalink





‘(K) Such additional information reasonably related to the receipt and use of Federal funds as the Commission shall, by rule, require.CommentsClose CommentsPermalink





‘(3) USE OF DATA STANDARDS- The reports submitted under this section shall use the common data elements and data reporting standards designated by the Commission under section 3611 of this title.CommentsClose CommentsPermalink





‘(c) Fulfillment of Requirements by Prime Awardees- The Commission shall, by rule, permit prime awardees to fulfill the requirements of this section on behalf of subawardees, so long as all subaward tiers are reported.CommentsClose CommentsPermalink





‘(d) Guidance by Commission- The Commission shall issue guidance to recipients on compliance with this section.CommentsClose CommentsPermalink





‘(e) Prepopulation- To the extent practicable, the Commission shall prepopulate its electronic systems for the submission of reports required by this section with data submitted to it by agencies under section 3603 of this title, and shall permit recipients either to confirm that prepopulated data is correct or, if it is incorrect, to make corrections.CommentsClose CommentsPermalink





‘(f) Registration- Recipients required to report information under subsection (a) shall register with the Central Contractor Registration database or complete such other registration requirements as the Commission shall, by rule, require.CommentsClose CommentsPermalink

‘Sec. 3603. Agency reporting requirement

‘(a) Requirement- Each Executive agency shall report to the Commission all obligations and expenditures of Federal funds.CommentsClose CommentsPermalink





‘(b) Characteristics of Reports-CommentsClose CommentsPermalink





‘(1) FREQUENCY OF REPORTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commission shall designate, by rule, and after consultation with the Office of Management and Budget, the frequency of reports to be submitted by agencies under subsection (a), but the frequency shall not be less than once each quarter.CommentsClose CommentsPermalink





‘(B) DEADLINES- The Commission shall, by rule, and after consultation with the Office of Management and Budget, specify the deadline by which an obligation or expenditure must be reported by an agency under subsection (a).CommentsClose CommentsPermalink





‘(C) CONTINUOUS OR AUTOMATIC REPORTING- To the extent practicable, the Commission shall require continuous or automatic reporting for compliance with this section.CommentsClose CommentsPermalink





‘(2) CONTENT OF REPORT-CommentsClose CommentsPermalink





‘(A) INFORMATION RELATING TO FEDERAL AWARDS- Each report submitted by an Executive agency under subsection (a) that relates to a Federal award shall contain the following information for that Federal award:CommentsClose CommentsPermalink





‘(i) An identification of the recipient, including the recipient’s name and location (including city, State, congressional district, and country), with location information provided in proper United States Postal Service standardized format, including ZIP+4, or proper international postal service standardized format where applicable.CommentsClose CommentsPermalink





‘(ii) An identification of the recipient and the parent entity of the recipient, should the entity be owned by another entity.CommentsClose CommentsPermalink





‘(iii) An identification of the Executive agency.CommentsClose CommentsPermalink





‘(iv) An identification of the Federal award.CommentsClose CommentsPermalink





‘(v) If applicable, an identification of the program pursuant to which the Federal award was awarded.CommentsClose CommentsPermalink





‘(vi) If necessary, the total amount of the award.CommentsClose CommentsPermalink





‘(vii) The total amount of Federal funds received by the recipient from the Executive agency for the Federal award, during the period covered by the report.CommentsClose CommentsPermalink





‘(viii) Information on the award, including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (if applicable), the program source, and an award title descriptive of the purpose of each funding action.CommentsClose CommentsPermalink





‘(ix) Such additional information reasonably related to the Federal award as the Commission shall, by rule, require.CommentsClose CommentsPermalink





‘(B) INFORMATION NOT RELATING TO FEDERAL AWARDS- The content of each report submitted by an Executive agency under subsection (a) that does not relate to a Federal award shall be designated by the Commission, by rule, and after consultation with the Office of Management and Budget.CommentsClose CommentsPermalink





‘(C) IDENTIFICATION INFORMATION- To the extent practicable, reports submitted by agencies under subsection (a) shall identify the programs, budget functions, Treasury accounts, and appropriations categories pursuant to which Federal funds are obligated or expended.CommentsClose CommentsPermalink





‘(D) USE OF OTHER REPORTING INFORMATION- To the extent practicable, the Commission shall permit agencies to comply with subsection (a) by submitting the same information that they submit or contribute for other governmentwide reporting requirements, including the following:CommentsClose CommentsPermalink





‘(i) For information about Federal awards--CommentsClose CommentsPermalink





‘(I) the Federal assistance awards data system established pursuant to section 6102a of title 31, United States Code;CommentsClose CommentsPermalink





‘(II) the Federal procurement data system established pursuant to section 1122(a)(4) of title 41, United States Code;CommentsClose CommentsPermalink





‘(III) the common application and reporting system established pursuant to section 6 of the Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note); orCommentsClose CommentsPermalink





‘(IV) such systems as may be established to replace or supplement the systems identified in this clause.CommentsClose CommentsPermalink





‘(ii) For information about internal expenditures and accounting, the Federal Agencies’ Centralized Trial-Balance Systems (FACTS I and FACTS II), the Governmentwide Financial Report System (GFRS), the Intragovernmental Fiduciary Confirmation System (IFCS), or such systems as may be established to replace or supplement such systems.CommentsClose CommentsPermalink





‘(3) USE OF DATA STANDARDS- The reports submitted under this section shall use the common data elements and data reporting standards designated by the Commission under section 3611 of this title.CommentsClose CommentsPermalink





‘(4) INFORMATION ALSO SUBJECT TO RECIPIENT REPORTING REQUIREMENT- In complying with this section, each Executive agency shall identify, to the extent practicable, Federal awards made by the agency that are subject to the recipient reporting requirement of section 3602 of this title so that information reported by recipients and information reported by the agency can be directly compared.CommentsClose CommentsPermalink





‘(c) Guidance by Commission- The Commission shall issue guidance to Executive agencies on compliance with this section.CommentsClose CommentsPermalink





‘(d) Commission to Monitor Compliance- The Commission shall regularly report to Congress on each Executive agency’s compliance with this section, including the timeliness, completeness, accuracy, and interoperability of the data submitted by each Executive agency. The Commission shall make these reports publicly available contemporaneously online.CommentsClose CommentsPermalink

‘Sec. 3604. Treasury reporting requirement

‘(a) Requirement- The Department of the Treasury shall report to the Commission disbursements of Federal funds.CommentsClose CommentsPermalink





‘(b) Characteristics of Reports-CommentsClose CommentsPermalink





‘(1) FREQUENCY OF REPORTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commission and the Secretary of the Treasury shall determine the frequency of reports submitted by the Department of the Treasury under subsection (a), but the frequency shall not be less than once each quarter.CommentsClose CommentsPermalink





‘(B) CONTINUOUS OR AUTOMATIC REPORTING- To the extent practicable, the Commission and the Department of the Treasury shall establish continuous or automatic reporting for compliance with this section.CommentsClose CommentsPermalink





‘(2) CONTENT OF REPORT-CommentsClose CommentsPermalink





‘(A) The Commission and the Secretary of the Treasury shall determine the content of reports submitted by the Department of the Treasury under subsection (a).CommentsClose CommentsPermalink





‘(B) To the extent practicable, reports submitted by the Department of the Treasury under subsection (a) shall identify the programs, budget functions, Treasury accounts, and appropriations categories pursuant to which Federal funds are disbursed.CommentsClose CommentsPermalink





‘(3) USE OF DATA STANDARDS- The reports submitted under this section shall use the common data elements and data reporting standards designated by the Commission under section 3611 of this title.CommentsClose CommentsPermalink





‘(c) Commission to Monitor Compliance- The Commission shall regularly submit to Congress reports on compliance by the Department of the Treasury with this section, including the timeliness, completeness, accuracy, and interoperability of the data submitted. The Commission shall make all reports submitted under this subsection publicly available contemporaneously online.CommentsClose CommentsPermalink

‘Sec. 3605. Exemptions from recipient reporting requirement

‘(a) Exemption- A recipient is exempt from the reporting requirement of section 3602 of this title with respect to funds received pursuant to a Federal award if--CommentsClose CommentsPermalink





‘(1) the recipient is an individual; andCommentsClose CommentsPermalink





‘(2) either--CommentsClose CommentsPermalink





‘(A) the total amount of Federal funds received by the recipient does not exceed $100,000 in the current calendar year or fiscal year; orCommentsClose CommentsPermalink





‘(B) no transaction in which the recipient has received Federal funds during the current calendar year or fiscal year has exceeded $24,999.CommentsClose CommentsPermalink





‘(b) Authority to Grant Additional Exemptions- The Commission may, by rule, grant additional exemptions under this section for classes or categories of recipients.CommentsClose CommentsPermalink





‘(c) Adjustment for Inflation- The Commission shall, by rule, provide for an adjustment of the dollar thresholds specified in subsection (a)(2) to maintain the constant dollar value of the threshold.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of chapters at the beginning of subtitle III of title 31, United States Code, is amended by inserting after the item relating to chapter 35 the following new item:CommentsClose CommentsPermalink

3601’.CommentsClose CommentsPermalink

SEC. 102. DATA STANDARDIZATION FOR ACCOUNTABILITY AND TRANSPARENCY IN FEDERAL SPENDING.

Chapter 36 of title 31, United States Code, as added by section 101, is amended by adding at the end the following new subchapter:CommentsClose CommentsPermalink

‘SUBCHAPTER II--DATA STANDARDIZATION

‘Sec. 3611. Data standardization for reporting information

‘(a) Common Data Elements-CommentsClose CommentsPermalink





‘(1) REQUIREMENT- The Commission shall, by rule, designate common data elements, such as codes, identifiers, and fields, for information required to be reported by recipients and agencies under this chapter, including identifiers for recipients, awards, and agencies.CommentsClose CommentsPermalink





‘(2) CHARACTERISTICS OF COMMON DATA ELEMENTS- The common data elements designated under this subsection shall, to the extent practicable, be nonproprietary.CommentsClose CommentsPermalink





‘(3) EXISTING COMMON DATA ELEMENTS- In designating common data elements under this subsection, the Commission shall, to the extent practicable, ensure interoperability and incorporate the following:CommentsClose CommentsPermalink





‘(A) Common data elements developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization.CommentsClose CommentsPermalink





‘(B) Common data elements developed and maintained by intragovernmental partnerships, such as the National Information Exchange Model.CommentsClose CommentsPermalink





‘(C) Common data elements developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory Council.CommentsClose CommentsPermalink





‘(D) Common data elements developed and maintained by accounting standards organizations.CommentsClose CommentsPermalink





‘(b) Data Reporting Standards-CommentsClose CommentsPermalink





‘(1) REQUIREMENT- The Commission shall, by rule, designate data reporting standards to govern the reporting required to be performed by recipients and agencies under this title.CommentsClose CommentsPermalink





‘(2) CHARACTERISTICS OF DATA REPORTING STANDARDS- The data reporting standards designated under this subsection shall, to the extent practicable--CommentsClose CommentsPermalink





‘(A) incorporate a widely accepted, nonproprietary, searchable, platform-independent computer-readable format;CommentsClose CommentsPermalink





‘(B) be consistent with and implement applicable accounting principles; andCommentsClose CommentsPermalink





‘(C) be capable of being continually upgraded as necessary.CommentsClose CommentsPermalink





‘(3) EXISTING DATA REPORTING STANDARDS- In designating reporting standards under this subsection, the Commission shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Business Reporting Language (XBRL).CommentsClose CommentsPermalink

‘Sec. 3612. Full disclosure of information

‘The Commission shall publish online all information submitted by recipients and agencies pursuant to sections 3602, 3603, and 3604 of this title in accordance with the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).CommentsClose CommentsPermalink

‘Sec. 3613. Federal accountability portal

‘(a) Requirement- The Commission shall establish and maintain a government-wide Internet-based data access system, to be known as a ‘Federal accountability portal’, to carry out the functions described in subsection (b).CommentsClose CommentsPermalink





‘(b) Functions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Federal accountability portal shall incorporate--CommentsClose CommentsPermalink





‘(A) information submitted by recipients and agencies under sections 3602, 3603, and 3604 of this title;CommentsClose CommentsPermalink





‘(B) other information maintained by Federal, State, local, and foreign government agencies; andCommentsClose CommentsPermalink





‘(C) other commercially and publicly available information.CommentsClose CommentsPermalink





‘(2) SPECIFIC FUNCTIONS- The Federal accountability portal shall be designed and operated to carry out the following functions:CommentsClose CommentsPermalink





‘(A) Combine information submitted by recipients and agencies under sections 3602, 3603, and 3604 of this title with other compilations of information, including those listed in paragraph (1).CommentsClose CommentsPermalink





‘(B) Permit Executive agencies, in accordance with applicable law, to verify the eligibility and responsibility of recipients and potential recipients with respect to the receipt and use of Federal funds.CommentsClose CommentsPermalink





‘(C) Permit Executive agencies, inspectors general, law enforcement agencies, and appropriate State authorities, in accordance with applicable law, to track Federal awards and recipients to detect and prevent waste, fraud, and abuse.CommentsClose CommentsPermalink





‘(D) Serve as the primary accountability portal for the entire Federal Government.CommentsClose CommentsPermalink





‘(c) Guidance by Commission- The Commission shall issue guidance on the use of and access to the Federal accountability portal.CommentsClose CommentsPermalink

‘Sec. 3614. Agency responsibilities

‘(a) Requirement- As a condition of receipt of Federal funds of an Executive agency pursuant to any Federal award, the Executive agency shall require any recipient of such funds to provide the information required under section 3602 of this title.CommentsClose CommentsPermalink





‘(b) Penalties for Recipient Noncompliance-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The head of an Executive agency may impose a civil penalty in an amount not more than $250,000 on a recipient of Federal funds from that Executive agency that does not provide the information required under section 3602 of this title or provides information that contains a material omission or misstatement.CommentsClose CommentsPermalink





‘(2) NONPRECLUSION- The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy that is available by law to the United States or any other person. Any amounts received from a civil penalty under this subsection shall be deposited in the Treasury of the United States to the credit of the appropriation or appropriations from which the award is made.CommentsClose CommentsPermalink





‘(3) NOTIFICATION- The head of an Executive agency shall provide a written notification to a recipient that fails to provide the information required under section 3602 of this title or provides information that contains a material omission or misstatement. Such notification shall provide the recipient with information on how to comply with the requirements of such section 3602 and notice of the penalties for failing to do so. The head of the Executive agency may not impose a civil penalty under paragraph (1) until 60 days after the date of the notification.CommentsClose CommentsPermalink





‘(c) Compliance With Commission Guidance- Executive agencies shall comply with the instructions and guidance issued by the Commission under this Act.CommentsClose CommentsPermalink





‘(d) Information and Assistance-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Upon request of the Commission for information or assistance from any Executive agency or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Commission, or an authorized designee.CommentsClose CommentsPermalink





‘(2) REPORT OF REFUSALS- Whenever information or assistance requested by the Commission is, in the judgment of the Commission, unreasonably refused or not provided, the Commission shall report the circumstances to Congress.CommentsClose CommentsPermalink





‘(e) Requirement to Use Common Data Elements and Data Reporting Standards- After the Commission designates any common data element or data reporting standard under section 3611 of this title, each Executive agency shall issue guidance that requires every recipient of Federal funds under any of its Federal awards to use that common data element or data reporting standard for any information reported to that Executive agency to which the common data element or data reporting standard is applicable.CommentsClose CommentsPermalink





‘(f) Prepopulation- To the extent practicable, each Executive agency shall use data from the website maintained by the Commission under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) to prepopulate any electronic systems maintained by that agency for the submission of reports on the receipt and use of Federal funds distributed by that agency.CommentsClose CommentsPermalink

‘Sec. 3615. Consolidated financial reporting

‘(a) Report Identifying Recipient Financial Reporting Requirements to Be Consolidated- In consultation with the Office of Management and Budget, each Executive agency shall, not later than two years after the effective date of this chapter, submit to the President, Congress, and the Commission a report that--CommentsClose CommentsPermalink





‘(1) describes any agency-specific financial reporting requirements for recipients of Federal funds pursuant to a Federal award from the agency;CommentsClose CommentsPermalink





‘(2) identifies every element of information that such recipients must regularly submit to the agency pursuant to such requirements; andCommentsClose CommentsPermalink





‘(3) for each element so identified, identifies whether that element or a similar element is already being reported to the Commission by such recipients under this title.CommentsClose CommentsPermalink





‘(b) Date Certain That Recipients May Use Consolidated Financial Reporting- Beginning on the date that is three years after the effective date of this chapter, recipients of Federal funds are deemed to have satisfied the agency-specific financial reporting requirements identified in the reports required by subsection (a) by transmitting the same information to the Commission, in a manner prescribed by the Commission.CommentsClose CommentsPermalink





‘(c) Recipient Notification- After an Executive agency has submitted its report under subsection (a), the Executive agency shall issue guidance notifying recipients of Federal funds under its awards that they may, as of the date that is three years after the effective date of this chapter, satisfy those agency-specific financial reporting requirements identified by the agency in its report required under subsection (a) by reporting the same information to the Commission only.CommentsClose CommentsPermalink





‘(d) Commission Responsibilities-CommentsClose CommentsPermalink





‘(1) After an Executive agency submits its report under subsection (a), the Commission shall promulgate rules describing the manner in which the agency-specific financial reporting requirements identified in the report may be met by recipients of Federal funds from that agency through reporting to the Commission only.CommentsClose CommentsPermalink





‘(2) Upon receipt of agency-specific financial reporting information as described under this section, the Commission shall immediately make such information available to the Executive agency to which the information had previously been required to be submitted.CommentsClose CommentsPermalink

‘Sec. 3616. Office of Management and Budget responsibilities

‘After the Commission designates any common data element or data reporting standard under section 3611 of this title, the Director of the Office of Management and Budget shall issue guidance that requires Executive agencies to use that common data element or data reporting standard for any information reported by Executive agencies to the Office of Management and Budget to which the common data element or data reporting standard is applicable.CommentsClose CommentsPermalink

‘Sec. 3617. Treasury responsibilities

‘After the Commission designates any common data element or data reporting standard under section 3611 of this title, the Secretary of the Treasury shall issue guidance that requires Executive agencies to use that common data element or data reporting standard for any information reported by Executive agencies to the Department of the Treasury to which the common data element or data reporting standard is applicable.CommentsClose CommentsPermalink

‘Sec. 3618. General Services Administration responsibilities

‘After the Commission designates any common data element or data reporting standard under section 3611 of this title, the Administrator of General Services shall apply that common data element or data reporting standard for any information contained in acquisition-related databases maintained by the General Services Administration to which the common data element or data reporting standard is applicable.’.CommentsClose CommentsPermalink

SEC. 103. AMENDMENTS TO THE FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006.

(a) Additional Requirements for USASpending.gov- Section 2(c) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) is amended--CommentsClose CommentsPermalink





(1) by striking paragraphs (1) and (2);CommentsClose CommentsPermalink





(2) by redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(4) shall, to the extent practicable, publish data under this section in a manner that complies with applicable principles and best practices in the private sector for the publication of open government data;CommentsClose CommentsPermalink





‘(5) shall serve as a public portal for Federal financial information, including information concerning all Federal awards and information concerning the expenditure of all Federal funds;CommentsClose CommentsPermalink





‘(6) shall--CommentsClose CommentsPermalink





‘(A) make available all information published under subsections (b), (c), and (d) in a reasonably timely manner;CommentsClose CommentsPermalink





‘(B) make available all information published under subsections (b), (c), and (d), using the common data elements and data reporting standards designated by the Commission under section 3611 of title 31, United States Code;CommentsClose CommentsPermalink





‘(C) make available all information published under subsections (b), (c), and (d) without charge, license, or registration requirement;CommentsClose CommentsPermalink





‘(D) permit all information published under subsections (b), (c), and (d) to be searched and aggregated;CommentsClose CommentsPermalink





‘(E) permit all information published under subsections (b), (c), and (d) to be downloaded, including downloaded in bulk;CommentsClose CommentsPermalink





‘(F) to the extent practicable, disseminate information published under subsections (b), (c), and (d) via automatic electronic means;CommentsClose CommentsPermalink





‘(G) to the extent practicable, permit information published under subsections (b), (c), and (d) to be freely shared by the public, such as by social media; andCommentsClose CommentsPermalink





‘(H) to the extent practicable, use permanent uniform resource locators for information published under subsections (b), (c), and (d).’.CommentsClose CommentsPermalink





(b) Requirement to Report All Data Submitted Under DATA Act and Chapter 61 of Title 31 on USASpending.gov- Section 2 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note), as amended by subsection (a), is further amended--CommentsClose CommentsPermalink





(1) by striking subsections (d) and (e);CommentsClose CommentsPermalink





(2) by redesignating subsection (c) as subsection (e); andCommentsClose CommentsPermalink





(3) by inserting after subsection (b) the following new subsections (c) and (d):CommentsClose CommentsPermalink





‘(c) Full Disclosure of Data Submitted Under the Digital Accountability and Transparency Act of 2012-CommentsClose CommentsPermalink





‘(1) REQUIREMENT- The Commission shall publish on the website established under this section all information submitted by recipients and agencies pursuant to sections 3602, 3603, and 3604 of title 31, United States Code, as added by the Digital Accountability and Transparency Act of 2012.CommentsClose CommentsPermalink





‘(2) AGGREGATION OF INFORMATION THAT IS EXEMPT FROM RECIPIENT REPORTING REQUIREMENT- The Commission shall publish, online and in the aggregate, information that is exempt from recipient reporting under section 3605 of such title but that is reported by an Executive agency under section 3603 of such title in the aggregate.CommentsClose CommentsPermalink





‘(d) Full Disclosure of Information Required by Chapter 61 of Title 31- The Commission shall publish on the website established under this section all information contained in the information system required under section 6103 of title 31, United States Code.’.CommentsClose CommentsPermalink





(c) Additional Definitions- Subsection 2(a) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) RECIPIENT- The term ‘recipient’ means--CommentsClose CommentsPermalink





‘(A) any person that receives Federal funds pursuant to a Federal award, either directly or through a subgrant or subcontract at any tier; andCommentsClose CommentsPermalink





‘(B) any State, local, or tribal government, or any government corporation, that receives Federal funds pursuant to a Federal award, either directly or through a subgrant or subcontract at any tier.CommentsClose CommentsPermalink





‘(5) COMMISSION- The term ‘Commission’ means the Federal Accountability and Spending Transparency Commission established under subchapter III of chapter 36 of title 31, United States Code, or any successor entity to the Federal Accountability and Spending Transparency Commission.’.CommentsClose CommentsPermalink





(d) New Technologies- Section 2(f) of the Federal Funding Accountability and Transparency Act of 2006 is amended--CommentsClose CommentsPermalink





(1) by striking ‘Nothing’ and inserting the following:CommentsClose CommentsPermalink





‘(1) ACCESS TO OTHER DATA- Nothing’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) NEW TECHNOLOGIES- Nothing in this Act shall prohibit the Commission from complying with the requirements of this section using such new technologies as may replace websites for data publication and dissemination.’.CommentsClose CommentsPermalink





(e) Conforming Amendments to Replace OMB With Commission for Management of USASpending.gov- Section 2 of such Act (31 U.S.C. 6101 note) is further amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘Office of Management and Budget’ and inserting ‘Commission’ both places it appears in paragraph (1); andCommentsClose CommentsPermalink





(2) in subsection (g), by striking ‘Director of the Office of Management and Budget’ and inserting ‘Commission’ in paragraph (1) and in paragraph (3).CommentsClose CommentsPermalink





(f) Repeal of Superseded Provisions- Section 2(b) of such Act (31 U.S.C. 6101 note) is further amended by striking paragraphs (3) and (4).CommentsClose CommentsPermalink





(g) Technical and Conforming Amendments- Such Act (31 U.S.C. 6101 note) is further amended--CommentsClose CommentsPermalink





(1) in section 2(b), by striking ‘Not later than January 1, 2008, the’ and inserting ‘The’; andCommentsClose CommentsPermalink





(2) in section 2(g)--CommentsClose CommentsPermalink





(A) by striking ‘Committee on Government Reform’ and inserting ‘Committee on Oversight and Government Reform’; andCommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) by inserting ‘and’ at the end of subparagraph (A);CommentsClose CommentsPermalink





(ii) by striking ‘; and’ at the end of subparagraph (B) and inserting a period; andCommentsClose CommentsPermalink





(iii) by striking subparagraph (C).CommentsClose CommentsPermalink

SEC. 104. EFFECTIVE DATE AND DEADLINES FOR ACCOUNTABILITY AND TRANSPARENCY IN FEDERAL SPENDING.

(a) Effective Date- Chapter 36 of title 31, United States Code, as added by section 101, is further amended by adding at the end the following new subchapter:CommentsClose CommentsPermalink

‘SUBCHAPTER IV--GENERAL PROVISIONS

‘Sec. 3641. Independence of inspectors general

‘Nothing in this chapter shall affect the independent authority or discretion of an inspector general to determine whether or how to conduct an audit, investigation, or any other function authorized by the Inspector General Act of 1978 (5 U.S.C. App.), or to disclose any information relating to an audit or investigation.CommentsClose CommentsPermalink

‘Sec. 3642. Effective date

‘This chapter takes effect on the date of the enactment of this chapter.’.CommentsClose CommentsPermalink





(b) Deadlines for Implementation-CommentsClose CommentsPermalink





(1) DEADLINE FOR APPOINTMENT OF COMMISSIONERS- Within 60 days after the effective date of this Act, the President shall appoint Commissioners to the Commission under section 3622 of title 31, United States Code, as added by this Act.CommentsClose CommentsPermalink





(2) COMMISSION DEADLINES-CommentsClose CommentsPermalink





(A) Within 60 days after the effective date of this Act, the Commission shall establish the committee required under section 3627 of title 31, United States Code, as added by this Act.CommentsClose CommentsPermalink





(B) Within 180 days after the effective date of this Act, the Commission shall--CommentsClose CommentsPermalink





(i) promulgate rules and issue guidance under sections 3602 and 3603 of title 31, United States Code, as added by this Act;CommentsClose CommentsPermalink





(ii) together with the Secretary of the Treasury, determine the frequency and content of reports to be submitted to the Commission by the Department of the Treasury under section 3604 of such title, as so added;CommentsClose CommentsPermalink





(iii) designate common data elements under section 3611(a) of such title and data reporting standards under section 3611(b) of such title, as so added; andCommentsClose CommentsPermalink





(iv) establish one or more websites under the Federal Funding Accountability and Transparency Act of 2006, as amended by this Act.CommentsClose CommentsPermalink





(3) AGENCY AND DEPARTMENT DEADLINES-CommentsClose CommentsPermalink





(A) Within one year after the effective date of this Act, each Executive agency shall implement section 3614(a) of title 31, United States Code, as added by this Act.CommentsClose CommentsPermalink





(B) Within two years after the Commission designates any common data element or data reporting standard under section 3611 of such title, as so added--CommentsClose CommentsPermalink





(i) each Executive agency shall issue guidance under section 3614(e) of such title, as so added;CommentsClose CommentsPermalink





(ii) the Director of the Office of Management and Budget shall issue guidance under section 3615 of such title, as so added; andCommentsClose CommentsPermalink





(iii) the Administrator of General Services shall take the actions required under section 3617 of such title, as so added.CommentsClose CommentsPermalink





(4) TREASURY DEADLINES-CommentsClose CommentsPermalink





(A) Within 180 days after the effective date of this Act, the Secretary of the Treasury, together with the Commission, shall determine the frequency and content of reports to be submitted to the Commission by the Department of the Treasury under section 3604 of title 31, United States Code, as added by this Act.CommentsClose CommentsPermalink





(B) Within 180 days after the Commission and the Secretary of the Treasury determine the frequency and content of reports to be submitted to the Commission by the Department of the Treasury under section 3604 of such title, as so added, the Department of the Treasury shall begin to submit such reports to the Commission.CommentsClose CommentsPermalink





(C) Within two years after the Commission designates any common data element or data reporting standard under section 3611 of such title, as so added, the Secretary of the Treasury shall issue guidance under section 3616 of such title, as so added.CommentsClose CommentsPermalink





(5) RECIPIENT DEADLINES- Notwithstanding any other provision of this Act or the amendments made by this Act, no recipient shall be required to comply with this Act or such amendments until 180 days after the Commission has issued rules and guidance under section 3602 of title 31, United States Code, as added by this Act.CommentsClose CommentsPermalink





(6) TRANSFER OF USASPENDING.GOV- Within 180 days after the effective date of this Act, the Commission and the Office of Management and Budget shall transfer the management and control of USASpending.gov from the Office of Management and Budget to the Commission, as required by the Federal Funding Accountability and Transparency Act of 2006, as amended by this Act.CommentsClose CommentsPermalink

TITLE II--FEDERAL ACCOUNTABILITY AND SPENDING TRANSPARENCY COMMISSIONCommentsClose CommentsPermalink

SEC. 201. FEDERAL ACCOUNTABILITY AND SPENDING TRANSPARENCY COMMISSION.

Chapter 36 of title 31, United States Code, as added by section 101, is further amended by inserting after subchapter II the following new subchapter:CommentsClose CommentsPermalink

‘SUBCHAPTER III--FEDERAL ACCOUNTABILITY AND SPENDING TRANSPARENCY COMMISSION

‘Sec. 3621. Establishment

‘(a) Establishment- There is established the Federal Accountability and Spending Transparency Commission as an independent agency in the Executive Branch.CommentsClose CommentsPermalink





‘(b) Functions and Powers Transferred-CommentsClose CommentsPermalink





‘(1) FUNCTIONS TRANSFERRED- Except as provided in this section, there are transferred to the Commission all functions of the Recovery Accountability and Transparency Board.CommentsClose CommentsPermalink





‘(2) POWERS, AUTHORITIES, RIGHTS, AND DUTIES- The Federal Accountability and Spending Transparency Commission shall succeed to all powers, authorities, rights, and duties that were vested in the Recovery Accountability and Transparency Board on the day before the effective date of this chapter.CommentsClose CommentsPermalink

‘Sec. 3622. Composition of the Commission

‘(a) Members-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission shall be composed of five Commissioners who shall be appointed by the President, by and with the consent of the Senate.CommentsClose CommentsPermalink





‘(2) PARTY AFFILIATION- Not more than three of the members of the Commission shall be members of the same political party.CommentsClose CommentsPermalink





‘(3) TERM- Each Commissioner shall hold office for a term of five years and until a successor is appointed and has qualified, except that--CommentsClose CommentsPermalink





‘(A) a Commissioner shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of such term of office;CommentsClose CommentsPermalink





‘(B) any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which that Commissioner’s predecessor was appointed shall be appointed for the remainder of such term; andCommentsClose CommentsPermalink





‘(C) the terms of office of the Commissioners first taking office after the enactment of this paragraph shall expire as designated by the President at the time of nomination, one at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years, and one at the end of five years.CommentsClose CommentsPermalink





‘(4) COMPENSATION- An individual appointed to the Commission under this subsection shall be compensated at the rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5.CommentsClose CommentsPermalink





‘(b) Chairman-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The President shall appoint, by and with the advice and consent of the Senate, a member of the Commission as Chairman, who shall serve as Chairman at the pleasure of the President. An individual may be appointed as Chairman at the same time that person is appointed as a Commissioner. At any time, the President may appoint, by and with the advise and consent of the Senate, a different Chairman, and the Commissioner previously appointed as Chairman may complete that Commissioner’s term as a Commissioner.CommentsClose CommentsPermalink





‘(2) DUTIES- The Chairman shall be the chief administrative officer of the Commission and shall preside at meetings of the Commission.CommentsClose CommentsPermalink





‘(3) POWERS AND FUNCTIONS-CommentsClose CommentsPermalink





‘(A) Except as otherwise provided in this paragraph and in section 3625 of this chapter, the executive and administrative functions of the Commission, including functions of the Commission with respect to the appointment and supervision of personnel employed under the Commission, the distribution of business among such personnel and among administrative units of the Commission, and the use and expenditure of funds, according to budget categories, plans, programs, and priorities established and approved by the Commission, shall be exercised solely by the Chairman.CommentsClose CommentsPermalink





‘(B) In carrying out any of his functions under the provisions of this paragraph, the Chairman shall be governed by the general policies, plans, priorities, and budgets approved by the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make.CommentsClose CommentsPermalink





‘(C) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission.CommentsClose CommentsPermalink





‘(D) Personnel employed regularly and full time in the immediate offices of Commissioners other than the Chairman shall not be affected by the provisions of this paragraph.CommentsClose CommentsPermalink





‘(E) The Commission shall be responsible for the functions of revising budget estimates of the Commission and determining the distribution of appropriated funds according to major programs and purposes of the Commission.CommentsClose CommentsPermalink





‘(F) The Chairman may authorize the performance by any officer, employee, or administrative unit under the Chairman’s jurisdiction of any functions of the Chairman under this paragraph.CommentsClose CommentsPermalink





‘(4) LIMITATION ON TERMS- No person appointed as Chairman under this subsection shall serve as Chairman for more than 10 years, whether or not such service is consecutive.CommentsClose CommentsPermalink





‘(5) INTERIM CHAIRMAN- Upon the effective date of this chapter, the person serving as Chairperson of the Recovery Accountability and Transparency Board on the day before the effective date of this chapter shall serve as acting Chairman of the Commission until the President appoints a Chairman of the Commission pursuant to this subsection.CommentsClose CommentsPermalink





‘(c) Vacancies- A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.CommentsClose CommentsPermalink

‘Sec. 3623. Functions

‘(a) In General- The Commission shall--CommentsClose CommentsPermalink





‘(1) be responsible for the collection, storage, and public disclosure of information about Federal spending;CommentsClose CommentsPermalink





‘(2) serve as the authoritative government source for the information about Federal spending that it collects; andCommentsClose CommentsPermalink





‘(3) coordinate and conduct oversight of Federal funds in order to prevent waste, fraud, and abuse.CommentsClose CommentsPermalink





‘(b) Specific Functions- The functions of the Commission shall include each of the following:CommentsClose CommentsPermalink





‘(1) Receiving, storing, and publicly disseminating all of the information that is reported to it under sections 3602, 3603, and 3604 of this title.CommentsClose CommentsPermalink





‘(2) Reviewing whether reporting under section 3602 of this title meets applicable standards and specifies the purpose of the Federal award and measures of performance.CommentsClose CommentsPermalink





‘(3) Identifying possible criminal activity and referring such matters to appropriate Federal, State, and local law enforcement authorities.CommentsClose CommentsPermalink





‘(4) Supporting ongoing criminal investigations, prosecutions, and related proceedings.CommentsClose CommentsPermalink





‘(5) Furnishing research, analytical, and informational services to Executive agencies, inspectors general, law enforcement agencies, and appropriate State authorities in the interest of detection, prevention, and prosecution of waste, fraud, and abuse of Federal funds.CommentsClose CommentsPermalink





‘(6) Regularly evaluating the quality of the data submitted to it under sections 3602, 3603, and 3604 of this title.CommentsClose CommentsPermalink





‘(7) Standardizing common data elements and data reporting standards to foster transparency and accountability for Federal spending, as required by section 3611 of this title.CommentsClose CommentsPermalink





‘(8) Reviewing whether there are appropriate mechanisms for interagency collaboration relating to Federal funds, including coordinating and collaborating to the extent practicable with the Council of the Inspectors General on Integrity and Efficiency established by section 11 of the Inspector General Act of 1978 (5 U.S.C. App.).CommentsClose CommentsPermalink





‘(9) Issuing a report in accordance with subsection (e) on the feasibility of collecting and publishing online tax expenditures data.CommentsClose CommentsPermalink





‘(c) Priorities in Analyses and Reviews-CommentsClose CommentsPermalink





‘(1) IN GENERAL- To the extent practicable, the Commission shall give high priority to analyses and reviews relating to Federal funds--CommentsClose CommentsPermalink





‘(A) awarded without the use of competitive procedures; orCommentsClose CommentsPermalink





‘(B) awarded to any contractor found to be in violation of the Foreign Corrupt Practices Act of 1977.CommentsClose CommentsPermalink





‘(2) IDENTIFICATION- The Commission shall identify any contractor found to be in violation of the Foreign Corrupt Practices Act of 1977 as a violator of such Act in any contract information related to such contractor published online under the Federal Funding Accountability and Transparency Act of 2006.CommentsClose CommentsPermalink





‘(d) Report Requirements-CommentsClose CommentsPermalink





‘(1) REPORTS-CommentsClose CommentsPermalink





‘(A) REGULAR REPORTS ON DATA QUALITY AUDITS- The Commission shall regularly submit to the President and Congress reports on its audits of the quality of the data submitted to it under sections 3602, 3603, and 3604 of this title.CommentsClose CommentsPermalink





‘(B) SEMI-ANNUAL REPORTS ON ACTIVITIES- The Commission shall submit semi-annual reports to the President and Congress, summarizing the activities and findings of the Commission and, in the Commission’s discretion, the findings of inspectors general of Executive agencies that relate to the Commission’s activities during the reporting period.CommentsClose CommentsPermalink





‘(C) REPORT ON SAVINGS- Not later than five years after the effective date of this chapter, the Commission shall submit to the President, Congress, and the Comptroller General of the United States a report containing estimates of the direct and indirect cost savings to the Treasury achieved as a result of the Commission’s activities.CommentsClose CommentsPermalink





‘(D) OTHER REPORTS- Section 2(f) of the Federal Funding Accountability and Transparency Act of 2006 requires another report by the Commission.CommentsClose CommentsPermalink





‘(2) PUBLIC AVAILABILITY- The Commission shall make all reports submitted under paragraph (1) publicly available contemporaneously online.CommentsClose CommentsPermalink





‘(3) GAO EVALUATION- Upon receipt of the report submitted by the Commission under paragraph (1)(C), the Comptroller General shall conduct an evaluation of the report and submit the evaluation to Congress within six months after receipt of the report, with such findings and recommendations as the Comptroller General considers appropriate.CommentsClose CommentsPermalink





‘(e) Tax Expenditures Report-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For purposes of subsection (b)(7), not later than one year after the effective date of this chapter, the Commission shall submit to the appropriate congressional committees a report on tax expenditures data that includes the following:CommentsClose CommentsPermalink





‘(A) A description of processes that could be put in place to collect and disseminate tax expenditures data, and the potential effects of making such data publicly available on the Internal Revenue Service, taxpayers, and other relevant parties determined by the Commission.CommentsClose CommentsPermalink





‘(B) Any changes in law that are needed to make such tax expenditures data publicly available.CommentsClose CommentsPermalink





‘(2) TAX EXPENDITURES DEFINED- In this section, the term ‘tax expenditures’ has the meaning given that term in section 3(3) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(3)).CommentsClose CommentsPermalink





‘(3) PUBLIC AVAILABILITY- The Commission shall make the report submitted under paragraph (1) publicly available.CommentsClose CommentsPermalink





‘(f) Recommendations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission shall make recommendations to Executive agencies on measures to prevent waste, fraud, and abuse relating to Federal funds.CommentsClose CommentsPermalink





‘(2) RESPONSIVE REPORTS- Not later than 30 days after receipt of a recommendation under paragraph (1), an Executive agency shall submit a report to the President, the congressional committees of jurisdiction, and the Commission on whether the Executive agency agrees or disagrees with the recommendations and any actions the Executive agency will take to implement the recommendations. The Commission shall make all reports submitted to it under this paragraph publicly available contemporaneously online.CommentsClose CommentsPermalink

‘Sec. 3624. Powers

‘(a) In General- The Commission shall conduct independent analyses and reviews of spending of Federal funds, including analyses and reviews of information maintained in the Federal accountability portal established under section 3612 of this title, and provide investigative and audit support to the inspectors general of Executive agencies.CommentsClose CommentsPermalink





‘(b) Analyses and Reviews- The Commission may--CommentsClose CommentsPermalink





‘(1) conduct its own independent analyses and reviews of spending of Federal funds; andCommentsClose CommentsPermalink





‘(2) collaborate with and provide support for any inspector general of any Executive agency or other law enforcement authority on any audit, investigation, or other review relating to Federal funds.CommentsClose CommentsPermalink





‘(c) Authorities-CommentsClose CommentsPermalink





‘(1) ANALYSES, REVIEWS, AND INVESTIGATIVE AND AUDIT SUPPORT- In conducting analyses and reviews, and in providing investigative and audit support to inspectors general and law enforcement authorities, the Commission shall have the authorities provided under paragraphs (1), (3), and (6) through (10) of section 6(a), and section 6(b), of the Inspector General Act of 1978 (5 U.S.C. App.).CommentsClose CommentsPermalink





‘(2) MATCHING PROGRAM AUTHORITY WITH RESPECT TO EVALUATIONS AND REVIEWS- The authorities provided under section 6(a)(9) of the Inspector General Act of 1978 (provided to the Commission pursuant to paragraph (1)) may be used by the Commission while conducting an evaluation or other review authorized under such Act.CommentsClose CommentsPermalink





‘(d) Contracts-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission may enter into contracts to enable the Commission to discharge its duties under this chapter, including contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Commission.CommentsClose CommentsPermalink





‘(2) CONTRACTING FOR MISSIONS OF OTHER AGENCIES- The Commission may enter into contracts with any Federal agency (within or outside the executive branch) to enable such agency to identify waste, fraud, and abuse, including contracts and other arrangements for audits, studies, analyses, and other services.CommentsClose CommentsPermalink





‘(3) CONTRACTING FOR PUBLICATION OF DATA- The Commission may make contracts or agreements with any Federal agency (within or outside the executive branch) to publish data maintained by such agency on the website maintained under the Federal Funding Accountability and Transparency Act of 2006.CommentsClose CommentsPermalink





‘(e) Transfer of Funds- The Commission may transfer funds appropriated to the Commission for expenses to support administrative support services, investigations, audits, reviews, or other activities related to oversight by the Commission of Federal funds to any office of inspector general, the Office of Management and Budget, and the General Services Administration.CommentsClose CommentsPermalink

‘Sec. 3625. Employment, personnel, and related authorities

‘(a) Executive Director- The Commission shall have an Executive Director, who shall be appointed by the Commission and serve at the pleasure of the Commission. The Executive Director shall report directly to the Commission and carry out the functions of the Commission subject to the supervision and direction of the Commission. The position of Executive Director shall be a career reserved position in the Senior Executive Service, as that position is defined under section 3132 of title 5.CommentsClose CommentsPermalink





‘(b) Other Employees- The Commission may appoint and fix the compensation of such officers, attorneys, information technology professionals, and other employees as may be necessary for carrying out the functions of the Commission under this chapter.CommentsClose CommentsPermalink





‘(c) Administrative Support- The General Services Administration shall provide the Commission with administrative support services, including the provision of office space and facilities.CommentsClose CommentsPermalink

‘Sec. 3626. Transfer of certain personnel

‘(a) Recovery Accountability and Transparency Board Employees- The Chairman or Executive Director, or both, shall identify employees of the Recovery Accountability and Transparency Board for transfer to the Commission, and such identified employees shall be transferred to the Commission for employment.CommentsClose CommentsPermalink





‘(b) Pay-CommentsClose CommentsPermalink





‘(1) Except as provided in paragraph (2), each transferred employee shall, during the 2-year period beginning on the effective date of this chapter, receive pay at a rate equal to not less than the basic rate of pay (including any geographic differential) that the employee received during the pay period immediately preceding the date of transfer.CommentsClose CommentsPermalink





‘(2) Paragraph (1) does not limit the right of the Commission to reduce the rate of basic pay of a transferred employee for cause, for unacceptable performance, or with the consent of the employee.CommentsClose CommentsPermalink





‘(3) Paragraph (1) applies to a transferred employee only while that employee remains employed by the Commission.CommentsClose CommentsPermalink

‘Sec. 3627. Advisory committee to Commission

‘(a) Establishment and Purpose-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- The Commission shall establish an advisory committee to be known as the Federal Accountability and Spending Transparency Advisory Committee (in this section referred to as the ‘Advisory Committee’).CommentsClose CommentsPermalink





‘(2) PURPOSE- The Advisory Committee shall submit to the Commission such findings and recommendations related to the Commission’s implementation of this chapter as it determines are appropriate.CommentsClose CommentsPermalink





‘(b) Membership and Chairperson-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commission shall appoint no fewer than 10, and no more than 20, members to the Advisory Committee, from among individuals who--CommentsClose CommentsPermalink





‘(A) represent the interests of recipients of Federal contracts;CommentsClose CommentsPermalink





‘(B) represent the interests of State, local, and tribal governments receiving Federal grants;CommentsClose CommentsPermalink





‘(C) represent the interests of other recipients of Federal funds; andCommentsClose CommentsPermalink





‘(D) represent nonprofit organizations that advocate transparency and accountability in government.CommentsClose CommentsPermalink





‘(2) TERM- Each member of the Advisory Committee appointed under this section shall serve for a term of three years, except that the Commission may appoint original members of the Committee to one-year and two-year terms in order to achieve staggered terms. No person shall serve more than one term.CommentsClose CommentsPermalink





‘(3) CHAIRPERSON- The members of the Advisory Committee shall elect a chairperson.CommentsClose CommentsPermalink





‘(c) Meetings- The Advisory Committee shall meet not less frequently than six times annually, at the call of the chairperson of the Advisory Committee.CommentsClose CommentsPermalink





‘(d) Compensation and Travel Expenses- Each member of the Committee who is not a full-time employee of the United States shall--CommentsClose CommentsPermalink





‘(1) be entitled to receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5 for each day during which the member is engaged in the actual performance of the duties of the Committee; andCommentsClose CommentsPermalink





‘(2) while away from the home or regular place of business of the member in the performance of services for the Committee, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5.CommentsClose CommentsPermalink





‘(e) Staff- The Commission shall make available to the Advisory Committee such staff of the Commission as the chairperson of the Advisory Committee recommends is necessary to carry out this section.CommentsClose CommentsPermalink





‘(f) Review by Commission- After receipt of any finding or recommendation from the Advisory Committee, the Commission shall--CommentsClose CommentsPermalink





‘(1) review the finding or recommendation; andCommentsClose CommentsPermalink





‘(2) promptly issue a public statement--CommentsClose CommentsPermalink





‘(A) assessing the finding or recommendation of the Advisory Committee; andCommentsClose CommentsPermalink





‘(B) disclosing the action, if any, the Commission intends to take with respect to the finding or recommendation.CommentsClose CommentsPermalink





‘(g) Advisory Committee Findings- Nothing in this section shall be construed as requiring the Commission to agree to or act upon any finding or recommendation of the Advisory Committee.CommentsClose CommentsPermalink





‘(h) Federal Advisory Committee Act- The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Committee.CommentsClose CommentsPermalink

‘Sec. 3628. Authorization and availability of appropriations

‘(a) Authorization of Appropriations- There is authorized to be appropriated $51,000,000 for each of fiscal years 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019 to carry out the functions of the Commission.CommentsClose CommentsPermalink





‘(b) Availability of Appropriations- If the Recovery Accountability and Transparency Board has unobligated appropriations as of the effective date of this chapter, such appropriations are authorized to remain available to the Commission until September 30, 2015.CommentsClose CommentsPermalink

‘Sec. 3629. Sunset

‘This subchapter shall cease to be in effect after the date occurring seven years after the date of the enactment of this subchapter.’.CommentsClose CommentsPermalink

SEC. 202. CONFORMING AMENDMENT RELATING TO COMPENSATION OF CHAIRMAN.

Section 5314 of title 5, United States Code, is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘Chairman of the Federal Accountability and Spending Transparency Commission.’.CommentsClose CommentsPermalink

SEC. 203. CONFORMING AMENDMENTS RELATED TO RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD.

(a) Repeal of Superseded Provisions in Subtitle B of Title XV of Public Law 111-5- Subtitle B of title XV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 287) is amended by striking sections 1521, 1522, 1525(a), 1529, and 1530.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) REFERENCES TO BOARD AND CHAIRPERSON-CommentsClose CommentsPermalink





(A) Paragraph (2) of section 1501 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 287) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) COMMISSION- The term ‘Commission’ means the Federal Accountability and Spending Transparency Commission established in chapter 36 of title 31, United States Code.’.CommentsClose CommentsPermalink





(B) Such section is further amended by striking paragraph (3).CommentsClose CommentsPermalink





(C) The following provisions of such Act are amended by striking ‘Board’ each place it appears and inserting ‘Commission’ in the headings or text, as the case may be: the heading of subtitle B of title XV, and sections 1523, 1524, 1525(b), 1525(c), 1526, 1527, 1528, 1542, and 1553.CommentsClose CommentsPermalink





(D) Section 1513(b)(2) of such Act is amended by striking ‘the quarter in which the Board terminates under section 1530’ and inserting ‘the quarter ending September 30, 2013’.CommentsClose CommentsPermalink





(c) Repeal of Subtitle B of Title XV of Public Law 111-5- Effective on October 1, 2013, subtitle B of title XV of division A of such Act is repealed.CommentsClose CommentsPermalink





(d) References in Federal Law to Board- On and after the effective date of this Act, any reference in Federal law to the Recovery Accountability and Transparency Board is deemed to be a reference to the Federal Accountability and Spending Transparency Commission.CommentsClose CommentsPermalink

TITLE III--ADDITIONAL PROVISIONSCommentsClose CommentsPermalink

SEC. 301. CLASSIFIED INFORMATION.

Nothing in this Act or the amendments made by this Act shall be construed to require the public disclosure of classified information.CommentsClose CommentsPermalink

SEC. 302. PAPERWORK REDUCTION ACT EXEMPTION.

Section 3518(c) of title 44, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘paragraph (2)’ and inserting ‘paragraph (3)’;CommentsClose CommentsPermalink





(2) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink





‘(2) Notwithstanding paragraph (3), this subchapter shall not apply to the collection of information during the conduct of any evaluation, or other review conducted by the Federal Accountability and Spending Transparency Commission, or during the conduct of any audit, investigation, inspection, evaluation, or any other review conducted by the Council of Inspectors General on Integrity and Efficiency or any office of inspector general, including any office of special inspector general.’.CommentsClose CommentsPermalink

SEC. 303. MATCHING PROGRAM EXCEPTION FOR INSPECTORS GENERAL.

Section 6(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--CommentsClose CommentsPermalink





(1) in paragraph (8), by striking ‘and’;CommentsClose CommentsPermalink





(2) by redesignating paragraph (9) as paragraph (10); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (8) the following new paragraph:CommentsClose CommentsPermalink





‘(9) notwithstanding subsections (e)(12), (o), (p), (q), (r), and (u) of section 552a of title 5, United States Code, to compare, through a matching program (as defined in such section), any Federal records with other Federal or non-Federal records, while conducting an audit, investigation, or inspection authorized under this Act to identify weaknesses that may lead to waste, fraud, or abuse and to detect improper payments and fraud; and’.CommentsClose CommentsPermalink

SEC. 304. TRANSFER OF CONSOLIDATED FEDERAL FUNDS REPORT.

(a) Transfer of Functions- The Commission and the Secretary of Commerce shall transfer the functions of the Consolidated Federal Funds Report to the website established under the Federal Funding Accountability and Transparency Act of 2006, as amended by this Act.CommentsClose CommentsPermalink





(b) Information- Section 2(d) of the Federal Funding Accountability and Transparency Act of 2006, as amended by section 103 of this Act, is further amended--CommentsClose CommentsPermalink





(1) by striking the period at the end of paragraph (6) and inserting ‘; and’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(7) shall permit users to determine the following information:CommentsClose CommentsPermalink





‘(A) For each fiscal year, the total amount of Federal funds that were obligated in each State, county or parish, congressional district, and municipality of the United States.CommentsClose CommentsPermalink





‘(B) For each fiscal year, the total amount of Federal funds that were actually expended in each State, county or parish, congressional district, and municipality of the United States.’.CommentsClose CommentsPermalink





(c) Conforming Repeals of Superseded Provisions- Chapter 62 of subtitle V of title 31, United States Code, is repealed. The item relating to that chapter in the table of chapters at the beginning of subtitle V of such title is repealed.CommentsClose CommentsPermalink

SEC. 305. TRANSFER OF AUTHORITY OVER CATALOG OF FEDERAL DOMESTIC ASSISTANCE TO COMMISSION.

(a) Transfer of Authority From Administrator of General Services and Director of Office of Management and Budget to Commission-CommentsClose CommentsPermalink





(1) DEFINITION- Paragraph (6) of section 6101 of title 31, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(6) ‘Commission’ means the Federal Accountability and Spending Transparency Commission established in subchapter III of chapter 36 of this title.’.CommentsClose CommentsPermalink





(2) AMENDMENTS RELATING TO PROGRAM INFORMATION REQUIREMENTS- Section 6102 of such title is amended--CommentsClose CommentsPermalink





(A) in subsections (a) and (b), by striking ‘Administrator’ and inserting ‘Commission’ both places it appears;CommentsClose CommentsPermalink





(B) in subsection (c)--CommentsClose CommentsPermalink





(i) by striking ‘Administrator’ and inserting ‘Commission’;CommentsClose CommentsPermalink





(ii) in paragraph (3), by striking ‘and that the printed catalog’ and all that follows through ‘printing’; andCommentsClose CommentsPermalink





(iii) in paragraph (4)--CommentsClose CommentsPermalink





(I) by striking ‘transmit annually’ and inserting ‘make’; andCommentsClose CommentsPermalink





(II) by striking ‘to the Committee’ and all that follows through the period and inserting the following: ‘available to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.’.CommentsClose CommentsPermalink





(3) AMENDMENTS RELATING TO ASSISTANCE AWARDS INFORMATION SYSTEM- Section 6102a of such title is amended--CommentsClose CommentsPermalink





(A) by striking subsection (b);CommentsClose CommentsPermalink





(B) by redesignating subsection (c) as subsection (b);CommentsClose CommentsPermalink





(C) by striking ‘Director’ and inserting ‘Commission’ each place it appears; andCommentsClose CommentsPermalink





(D) in subsection (b), as so redesignated--CommentsClose CommentsPermalink





(i) by striking ‘transmit promptly after the end of each calendar quarter, free of charge,’ and insert ‘make available’; andCommentsClose CommentsPermalink





(ii) by striking ‘Oversight’ and inserting ‘Administration’.CommentsClose CommentsPermalink





(4) AMENDMENTS RELATING TO ACCESS TO COMPUTER INFORMATION SYSTEM- Section 6103 of such title is amended--CommentsClose CommentsPermalink





(A) in subsections (a) and (c), by striking ‘Administrator’ and inserting ‘Commission’ each place it appears; andCommentsClose CommentsPermalink





(B) by striking the text of subsection (b) and inserting the following: ‘The Commission shall publish online all of the information contained in the information system under subsection (a) in accordance with the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).’.CommentsClose CommentsPermalink





(5) AMENDMENTS RELATING TO CATALOG OF FEDERAL DOMESTIC ASSISTANCE PROGRAMS- Section 6104 of such title if amended by striking ‘Administrator’ and inserting ‘Commission’ each place it appears.CommentsClose CommentsPermalink





(6) REPEAL OF AUTHORIZATION- Section 6106 of such title is repealed.CommentsClose CommentsPermalink





(b) Deadline for Transfer of Program Information System and Catalog of Federal Domestic Assistance- Within 180 days after the effective date of this Act, the Commission and the Administrator of General Services shall transfer the management and control of the following from the Administrator to the Commission, as required by chapter 61 of title 31, United States Code, as amended by subsection (a):CommentsClose CommentsPermalink





(1) The computer information system required under section 6103 of such title, as so amended.CommentsClose CommentsPermalink





(2) The catalog of Federal domestic assistance programs required under section 6104 of such title, as so amended.CommentsClose CommentsPermalink





(c) Deadline for Transfer of Assistance Awards Information System- Within 180 days after the effective date of this Act, the Commission and the Director of the Office of Management and Budget shall transfer the management and control of the assistance awards information system from the Director to the Commission, as required by section 6102a of title 31, United States Code, as amended by subsection (a).CommentsClose CommentsPermalink

SEC. 306. GOVERNMENT ACCOUNTABILITY OFFICE IMPROVEMENT.

(a) Authority to Obtain Information-CommentsClose CommentsPermalink





(1) AUTHORITY TO OBTAIN RECORDS- Section 716 of title 31, United States Code, is amended in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘(a)’ and inserting ‘(2)’; andCommentsClose CommentsPermalink





(B) by inserting after the section heading the following:CommentsClose CommentsPermalink





‘(a)(1) The Comptroller General is authorized to obtain such agency records as the Comptroller General requires to discharge his duties (including audit, evaluation, and investigative duties), including through the bringing of civil actions under this section. In reviewing a civil action under this section, the court shall recognize the continuing force and effect of the authorization in the preceding sentence until such time as the authorization is repealed pursuant to law.’.CommentsClose CommentsPermalink





(2) COPIES- Section 716(a) of title 31, United States Code, as amended by subsection (a), is further amended in the second sentence of paragraph (2) by striking ‘inspect an agency record’ and inserting ‘inspect, and make and retain copies of, an agency record’.CommentsClose CommentsPermalink





(b) Administering Oaths- Section 711 of title 31, United States Code, is amended by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink





‘(4) administer oaths to witnesses when auditing and settling accounts and, with the prior express approval of the Comptroller General, when investigating fraud or attempts to defraud the United States, or irregularity or misconduct of an employee or agent of the United States.’.CommentsClose CommentsPermalink





(c) Access to Certain Information-CommentsClose CommentsPermalink





(1) ACCESS TO CERTAIN INFORMATION- Subchapter II of chapter 7 of title 31, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 721. Access to certain information

‘(a) No provision of the Social Security Act, including section 453(l) of that Act (42 U.S.C. 653(l)), shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain any information or to inspect or copy any record under section 716 of this title.CommentsClose CommentsPermalink





‘(b) No provision of the Federal Food, Drug, and Cosmetic Act, including section 301(j) of that Act (21 U.S.C. 331(j)), shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain any information or to inspect or copy any record under section 716 of this title.CommentsClose CommentsPermalink





‘(c) No provision of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (Public Law 94-435) and the amendments made by that Act shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain any information or to inspect or copy any record under section 716 of this title, including with respect to any information disclosed to the Assistant Attorney General of the Antitrust Division of the Department of Justice or the Federal Trade Commission for purposes of pre-merger review under section 7A of the Clayton Act (15 U.S.C. 18a).CommentsClose CommentsPermalink





‘(d)(1) The Comptroller General shall prescribe such policies and procedures as are necessary to protect from public disclosure proprietary or trade secret information obtained consistent with this section.CommentsClose CommentsPermalink





‘(2) Nothing in this section shall be construed to--CommentsClose CommentsPermalink





‘(A) alter or amend the prohibitions against the disclosure of trade secret or other sensitive information prohibited by section 1905 of title 18 and other applicable laws; orCommentsClose CommentsPermalink





‘(B) affect the applicability of section 716(e) of this title, including the protections against unauthorized disclosure contained in that section, to information obtained consistent with this section.CommentsClose CommentsPermalink





‘(e) Specific references to statutes in this section shall not be construed to affect access by the Government Accountability Office to information under statutes that are not so referenced.’.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 7 of title 31, United States Code, is amended by inserting after the item relating to section 720 the following:CommentsClose CommentsPermalink





‘721. Access to certain information.’.CommentsClose CommentsPermalink





(d) Agency Reports- Section 720(b) of title 31, United States Code, is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by inserting ‘or planned’ after ‘action taken’; andCommentsClose CommentsPermalink





(2) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the congressional committees with jurisdiction over the agency program or activity that is the subject of the recommendation, and the Government Accountability Office before the 61st day after the date of the report; and’.CommentsClose CommentsPermalink

SEC. 307. AMENDMENTS TO THE INSPECTOR GENERAL ACT OF 1978 AND THE INSPECTOR GENERAL REFORM ACT OF 2008.

(a) Incorporation of Provisions From the Inspector General Reform Act of 2008 Into the Inspector General Act of 1978-CommentsClose CommentsPermalink





(1) CLASSIFICATION AND PAY-CommentsClose CommentsPermalink





(A) AMENDMENT- Section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(i) Classification and Pay-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding any other provision of law, the Inspector General of each designated Federal entity shall, for pay and all other purposes, be classified at a grade, level, or rank designation, as the case may be, at or above those of a majority of the senior level executives of that designated Federal entity (such as a General Counsel, Chief Information Officer, Chief Financial Officer, Chief Human Capital Officer, or Chief Acquisition Officer). The pay of an Inspector General of a designated Federal entity shall be not less than the average total compensation (including bonuses) of the senior level executives of that designated Federal entity calculated on an annual basis.CommentsClose CommentsPermalink





‘(2) LIMITATION ON ADJUSTMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In the case of an Inspector General of a designated Federal entity whose pay is adjusted under paragraph (1), the total increase in pay in any fiscal year resulting from that adjustment may not exceed 25 percent of the average total compensation (including bonuses) of the Inspector General of that entity for the preceding 3 fiscal years.CommentsClose CommentsPermalink





‘(B) SUNSET OF LIMITATION- The limitation under subparagraph (A) shall not apply to any adjustment made in fiscal year 2013 or each fiscal year thereafter.’.CommentsClose CommentsPermalink





(B) CONFORMING REPEAL- Section 4(b) of the Inspector General Reform Act of 2008 (Public Law 110-409; 122 Stat. 4304; 5 U.S.C. App. 3 note) is repealed.CommentsClose CommentsPermalink





(2) PAY RETENTION-CommentsClose CommentsPermalink





(A) AMENDMENT- The Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding after section 8L the following new section:CommentsClose CommentsPermalink

‘SEC. 8M. PAY RETENTION.

‘(a) In General- The provisions of section 3392 of title 5, United States Code, other than the terms ‘performance awards’ and ‘awarding of ranks’ in subsection (c)(1) of such section, shall apply to career appointees of the Senior Executive Service who are appointed to the position of Inspector General.CommentsClose CommentsPermalink





‘(b) Nonreduction in Pay- Notwithstanding any other provision of law, career Federal employees serving on an appointment made pursuant to statutory authority found other than in section 3392 of title 5, United States Code, shall not suffer a reduction in pay, not including any bonus or performance award, as a result of being appointed to the position of Inspector General.’.CommentsClose CommentsPermalink





(B) CONFORMING REPEAL- Section 4(c) of the Inspector General Reform Act of 2008 (Public Law 110-409; 122 Stat. 4304; 5 U.S.C. App. 3 note) is repealed.CommentsClose CommentsPermalink





(3) ALLEGATIONS OF WRONGDOING AGAINST SPECIAL COUNSEL OR DEPUTY SPECIAL COUNSEL-CommentsClose CommentsPermalink





(A) AMENDMENT- Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(12) ALLEGATIONS OF WRONGDOING AGAINST SPECIAL COUNSEL OR DEPUTY SPECIAL COUNSEL-CommentsClose CommentsPermalink





‘(A) SPECIAL COUNSEL DEFINED- In this paragraph, the term ‘Special Counsel’ means the Special Counsel appointed under section 1211(b) of title 5, United States Code.CommentsClose CommentsPermalink





‘(B) AUTHORITY OF INTEGRITY COMMITTEE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- An allegation of wrongdoing against the Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation by the Integrity Committee to the same extent and in the same manner as in the case of an allegation against an Inspector General (or a member of the staff of an Office of Inspector General), subject to the requirement that the Special Counsel recuse himself or herself from the consideration of any allegation brought under this paragraph.CommentsClose CommentsPermalink





‘(ii) COORDINATION WITH EXISTING PROVISIONS OF LAW- This paragraph does not eliminate access to the Merit Systems Protection Board for review under section 7701 of title 5, United States Code. To the extent that an allegation brought under this subsection involves section 2302(b)(8) of that title, a failure to obtain corrective action within 120 days after the date on which that allegation is received by the Integrity Committee shall, for purposes of section 1221 of such title, be considered to satisfy section 1214(a)(3)(B) of that title.CommentsClose CommentsPermalink





‘(C) REGULATIONS- The Integrity Committee may prescribe any rules or regulations necessary to carry out this paragraph, subject to such consultation or other requirements as might otherwise apply.’.CommentsClose CommentsPermalink





(B) CONFORMING AMENDMENT- Section 7(b) of the Inspector General Reform Act of 2008 (Public Law 110-409; 122 Stat. 4312; 5 U.S.C. 1211 note) is repealed.CommentsClose CommentsPermalink





(b) Agency Applicability-CommentsClose CommentsPermalink





(1) AMENDMENTS- The Inspector General Act of 1978 (5 U.S.C. App.), as amended by subsection (a), is further amended--CommentsClose CommentsPermalink





(A) in section 8L--CommentsClose CommentsPermalink





(i) in subsection (a)(1)--CommentsClose CommentsPermalink





(I) by striking the first ‘agency’ and inserting ‘Federal agency and designated Federal entity’; andCommentsClose CommentsPermalink





(II) by striking the second and third ‘agency’ and inserting ‘Federal agency or designated Federal entity’; andCommentsClose CommentsPermalink





(ii) in subsection (b)--CommentsClose CommentsPermalink





(I) in paragraph (1), by striking ‘agency’ and inserting ‘Federal agency and designated Federal entity’; andCommentsClose CommentsPermalink





(II) in paragraph (2)--CommentsClose CommentsPermalink

(aa) in subparagraph (A), by striking ‘agency’ and inserting ‘Federal agency and designated Federal entity’; andCommentsClose CommentsPermalink

(bb) in subparagraph (B), by striking ‘agency’ and inserting ‘Federal agency and designated Federal entity’; andCommentsClose CommentsPermalink

(B) in section 11(c)(3)(A)(ii), by striking ‘department, agency, or entity of the executive branch’ and inserting ‘Federal agency or designated Federal entity’.CommentsClose CommentsPermalink





(2) IMPLEMENTATION- Not later than 180 days after the date of enactment of this Act, the head and the Inspector General of each Federal agency and each designated Federal entity (as such terms are defined in sections 12 and 8G of the Inspector General Act of 1978 (5 U.S.C. App.), respectively) shall implement the amendments made by this subsection.CommentsClose CommentsPermalink





(c) Requirements for Inspectors General Websites- Section 8L(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--CommentsClose CommentsPermalink





(1) by striking ‘report or audit (or portion of any report or audit)’ and inserting ‘audit report, inspection report, or evaluation report (or portion of any such report)’; andCommentsClose CommentsPermalink





(2) by striking ‘report or audit (or portion of that report or audit)’ and inserting ‘report (or portion of that report)’ each place it appears.CommentsClose CommentsPermalink





(d) Corrections-CommentsClose CommentsPermalink





(1) EXECUTIVE ORDER NUMBER- Section 7(c)(2) of the Inspector General Reform Act of 2008 (Public Law 110-409; 122 Stat. 4313; 31 U.S.C. 501 note) is amended by striking ‘12933’ and inserting ‘12993’.CommentsClose CommentsPermalink





(2) PUNCTUATION AND CROSS-REFERENCES- The Inspector General Act of 1978 (5 U.S.C. App.) is amended--CommentsClose CommentsPermalink





(A) in section 6(a)(4), by striking ‘information, as well as any tangible thing)’ and inserting ‘information), as well as any tangible thing’; andCommentsClose CommentsPermalink





(B) in section 8G(g)(3), by striking ‘8C’ and inserting ‘8D’.CommentsClose CommentsPermalink





(3) SPELLING- The Inspector General Act of 1978 (5 U.S.C. App.) is amended--CommentsClose CommentsPermalink





(A) in section 3(a), by striking ‘subpena’ and inserting ‘subpoena’;CommentsClose CommentsPermalink





(B) in section 6(a)(4), by striking ‘subpena’ and ‘subpenas’ and inserting ‘subpoena’ and ‘subpoenas’, respectively;CommentsClose CommentsPermalink





(C) in section 8D(a)--CommentsClose CommentsPermalink





(i) in paragraph (1), by striking ‘subpenas’ and inserting ‘subpoenas’; andCommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘subpena’ and inserting ‘subpoena’, each place it appears;CommentsClose CommentsPermalink





(D) in section 8E(a)--CommentsClose CommentsPermalink





(i) in paragraph (1), by striking ‘subpenas’ and inserting ‘subpoenas’; andCommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘subpena’ and inserting ‘subpoena’ each place it appears; andCommentsClose CommentsPermalink





(E) in section 8G(d), by striking ‘subpena’ and inserting ‘subpoena’.CommentsClose CommentsPermalink





(e) Repeal- Section 744 of the Financial Services and General Government Appropriations Act, 2009 (division D of Public Law 111-8; 123 Stat. 693; 5 U.S.C. App. 8L) is repealed.CommentsClose CommentsPermalink

SEC. 308. LIMITS AND TRANSPARENCY FOR TRAVEL AND CONFERENCE SPENDING.

(a) Travel Expenses of Federal Agencies Relating to Conferences-CommentsClose CommentsPermalink





(1) LIMITATIONS AND REPORTS ON TRAVEL EXPENSES TO CONFERENCES- Chapter 57 of title 5, United States Code, is amended by inserting after section 5711 the following:CommentsClose CommentsPermalink

‘Sec. 5712. Limitations and reports on travel expenses to conferences

‘(a) In this section, the term--CommentsClose CommentsPermalink





‘(1) ‘conference’ means a meeting that--CommentsClose CommentsPermalink





‘(A) is held for consultation, education, or discussion;CommentsClose CommentsPermalink





‘(B) is not held entirely at an agency facility;CommentsClose CommentsPermalink





‘(C) involves costs associated with travel and lodging for some participants; andCommentsClose CommentsPermalink





‘(D) is sponsored by 1 or more agencies, 1 or more organizations that are not agencies, or a combination of such agencies or organizations; andCommentsClose CommentsPermalink





‘(2) ‘international conference’ means a conference attended by representatives of --CommentsClose CommentsPermalink





‘(A) the United States Government; andCommentsClose CommentsPermalink





‘(B) any foreign government, international organization, or foreign nongovernmental organization.CommentsClose CommentsPermalink





‘(b) No agency may pay the travel expenses for more than 50 employees of that agency who are stationed in the United States, for any international conference occurring outside the United States, unless the Secretary of State determines that attendance for such employees is in the national interest.CommentsClose CommentsPermalink





‘(c) At the beginning of each quarter of each fiscal year, each agency shall post on the public Internet website of that agency a report on each conference for which the agency paid travel expenses during the preceding 3 months that includes--CommentsClose CommentsPermalink





‘(1) the itemized expenses paid by the agency, including travel expenses, the cost of scouting for and selecting the location of the conference, and any agency expenditures to otherwise support the conference;CommentsClose CommentsPermalink





‘(2) the primary sponsor of the conference;CommentsClose CommentsPermalink





‘(3) the location of the conference;CommentsClose CommentsPermalink





‘(4) in the case of a conference for which that agency was the primary sponsor, a statement that--CommentsClose CommentsPermalink





‘(A) justifies the location selected;CommentsClose CommentsPermalink





‘(B) demonstrates the cost efficiency of the location; andCommentsClose CommentsPermalink





‘(C) provides a cost benefit analysis of holding a conference rather than conducting a teleconference;CommentsClose CommentsPermalink





‘(5) the date of the conference;CommentsClose CommentsPermalink





‘(6) a brief explanation how the conference advanced the mission of the agency;CommentsClose CommentsPermalink





‘(7) the title of any Federal employee or any individual who is not a Federal employee whose travel expenses or other conference expenses were paid by the agency; andCommentsClose CommentsPermalink





‘(8) the total number of individuals whose travel expenses or other conference expenses were paid by the agency.CommentsClose CommentsPermalink





‘(d) Each report posted on the public Internet website under subsection (c) shall--CommentsClose CommentsPermalink





‘(1) be in a searchable electronic format; andCommentsClose CommentsPermalink





‘(2) remain on that website for at least 5 years after the date of posting.’.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5711 the following:CommentsClose CommentsPermalink





‘5712. Limitations and reports on travel expenses to conferences.’.CommentsClose CommentsPermalink





(b) Limitations on Annual Travel Expenses-CommentsClose CommentsPermalink





(1) IN GENERAL- In the case of each of fiscal years 2012 through 2016, an agency (as defined under section 5701(1) of title 5, United States Code) may not make, or obligate to make, expenditures for travel expenses, in an aggregate amount greater than 80 percent of the aggregate amount of such expenses for fiscal year 2010.CommentsClose CommentsPermalink





(2) IDENTIFICATION OF TRAVEL EXPENSES-CommentsClose CommentsPermalink





(A) RESPONSIBILITIES- Not later than September 1, 2012 and after consultation with the Administrator of General Services and the Director of the Administrative Office of the United States Courts, the Director of the Office of Management and Budget shall establish guidelines for the determination of what expenses constitute travel expenses for purposes of this subsection. The guidelines shall identify specific expenses, and classes of expenses, that are to be treated as travel expenses.CommentsClose CommentsPermalink





(B) EXEMPTION FOR MILITARY TRAVEL- The guidelines required under subparagraph (A) shall exclude military travel expenses in determining what expenses constitute travel expenses. Military travel expenses shall include travel expenses involving military combat, the training or deployment of uniformed military personnel, and such other travel expenses as are determined under the guidelines.CommentsClose CommentsPermalink





(c) Conference Transparency and Limitations-CommentsClose CommentsPermalink





(1) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink





(A) the term ‘agency’ has the meaning given under section 5701(1) of title 5, United States Code; andCommentsClose CommentsPermalink





(B) the term ‘conference’ has the meaning given under section 5712(a)(1) of that title (as added by subsection (a)).CommentsClose CommentsPermalink





(2) PUBLIC AVAILABILITY OF CONFERENCE MATERIALS- Each agency shall post on the public Internet website of that agency detailed information on any presentation made by any employee of that agency at a conference, including--CommentsClose CommentsPermalink





(A) any minutes relating to the presentation;CommentsClose CommentsPermalink





(B) any speech delivered;CommentsClose CommentsPermalink





(C) any visual exhibit, including photographs or slides;CommentsClose CommentsPermalink





(D) any video, digital, or audio recordings of the conference; andCommentsClose CommentsPermalink





(E) information regarding any financial support or other assistance from a foundation or other non-Federal source used to pay or defray the costs of the conference, which shall include a certification by the head of the agency that there is no conflict of interest resulting from the support received from each such source.CommentsClose CommentsPermalink





(3) LIMITATION ON AMOUNT EXPENDED ON A CONFERENCE-CommentsClose CommentsPermalink





(A) IN GENERAL- No agency may expend more than $500,000 to support a single conference.CommentsClose CommentsPermalink





(B) RULE OF CONSTRUCTION- Nothing in this paragraph shall be construed to preclude an agency from receiving financial support or other assistance from a foundation or other non-Federal source to pay or defray the costs of a conference the total cost of which exceeds $500,000.CommentsClose CommentsPermalink





(4) LIMITATION ON THE ANNUAL NUMBER OF CONFERENCES AN AGENCY MAY SUPPORT- No agency may expend funds on more than a single conference sponsored or organized by an organization during any fiscal year, unless the agency is the primary sponsor and organizer of the conference.CommentsClose CommentsPermalink

SEC. 309. EFFECTIVE DATE.

Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink

Passed the House of Representatives April 25, 2012.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

112th CONGRESS

2d Session

H. R. 2146

AN ACT

To amend title 31, United States Code, to require accountability and transparency in Federal spending, and for other purposes KAREN L. HAAS, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink