S 1222 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1222CommentsClose CommentsPermalink

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

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 16, 2011CommentsClose CommentsPermalink

Mr. WARNER introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

A BILLCommentsClose 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 2011’ 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 standardizaton for accountability and transparency in Federal spending.CommentsClose CommentsPermalink





Sec. 103. General provisions and deadlines for accountability and transparency in Federal spending.CommentsClose CommentsPermalink

TITLE II--FEDERAL ACCOUNTABILITY AND SPENDING TRANSPARENCY BOARD

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





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





Sec. 203. Amendments and repeal of 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.CommentsClose CommentsPermalink





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





Sec. 305. Repeal of Federal Funding Accountability and Transparency Act of 2006.CommentsClose CommentsPermalink





Sec. 306. Effective date.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) The term ‘Board’ means the Federal Accountability and Spending Transparency Board 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

‘Sec.CommentsClose CommentsPermalink





‘3601. Definitions.CommentsClose CommentsPermalink





‘3602. Recipient reporting requirement.CommentsClose CommentsPermalink





‘3603. Agency reporting requirement.CommentsClose CommentsPermalink





‘3604. 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. Office of Management and Budget responsibilities.CommentsClose CommentsPermalink





‘3616. Treasury responsibilities.CommentsClose CommentsPermalink

‘subchapter iii--federal accountability and spending transparency board

‘3621. Establishment.CommentsClose CommentsPermalink





‘3622. Composition of the board.CommentsClose CommentsPermalink





‘3623. Functions.CommentsClose CommentsPermalink





‘3624. Powers.CommentsClose CommentsPermalink





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





‘3626. Rulemaking authority.CommentsClose CommentsPermalink





‘3627. Transfer of certain personnel.CommentsClose CommentsPermalink





‘3628. Authorization and availability of appropriations.CommentsClose CommentsPermalink

‘subchapter iv--general provisions

‘3641. Effective date.CommentsClose CommentsPermalink





‘3642. Sunset.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 as a subcontractor or subgrantee; andCommentsClose CommentsPermalink





‘(B) any State, local, or tribal government that receives Federal funds pursuant to a Federal award, either directly or as a subcontractor or subgrantee.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, and other forms of financial assistance; andCommentsClose CommentsPermalink





‘(B) include contracts, subcontracts, purchase orders, task orders, delivery orders, blanket purchase agreements, schedule orders, and other transactions.CommentsClose CommentsPermalink





‘(3) FEDERAL FUNDS- The term ‘Federal funds’ means any funds that are made available to an Executive agency through Federal appropriations.CommentsClose CommentsPermalink





‘(4) BOARD- The term ‘Board’ means the Federal Accountability and Spending Transparency Board established under subchapter III of this chapter.CommentsClose CommentsPermalink





‘(5) CHAIRPERSON- The term ‘Chairperson’ means the Chairperson of the Federal Accountability and Spending Transparency Board.CommentsClose CommentsPermalink





‘(6) 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

‘Sec. 3602. Recipient reporting requirement

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





‘(b) Characteristics of Reports-CommentsClose CommentsPermalink





‘(1) FREQUENCY OF REPORTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Board shall designate 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) CONTINUOUS OR AUTOMATIC REPORTING- To the extent practicable, the Board 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--CommentsClose CommentsPermalink





‘(A) an identification of the recipient, including the recipient’s name and location, 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 Executive agency;CommentsClose CommentsPermalink





‘(C) an identification of the Federal award;CommentsClose CommentsPermalink





‘(D) if applicable, an identification of the program pursuant to which the Federal award was awarded;CommentsClose CommentsPermalink





‘(E) the total amount of Federal funds received from that Executive agency;CommentsClose CommentsPermalink





‘(F) the amount of Federal funds that were expended or obligated to projects or activities;CommentsClose CommentsPermalink





‘(G) a detailed list of all projects or activities for which Federal funds were expended or obligated; andCommentsClose CommentsPermalink





‘(H) additional information such as performance and results that is reasonably related to the receipt and use of Federal funds as the Board shall 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 Board under section 3611.CommentsClose CommentsPermalink





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





‘(d) 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 Board shall require.CommentsClose CommentsPermalink

‘Sec. 3603. Agency reporting requirement

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





‘(b) Characteristics of Reports-CommentsClose CommentsPermalink





‘(1) FREQUENCY OF REPORTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Board shall designate 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) CONTINUOUS OR AUTOMATIC REPORTING- To the extent practicable, the Board shall require continuous or automatic reporting for compliance with this section.CommentsClose CommentsPermalink





‘(2) CONTENT OF REPORT-CommentsClose CommentsPermalink





‘(A) The Board shall designate the content of reports to be submitted by agencies under subsection (a).CommentsClose CommentsPermalink





‘(B) To the extent practicable, the Board 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 Board under section 3611.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 so that information reported by recipients and information reported by the agency can be directly compared.CommentsClose CommentsPermalink





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





‘(d) Board To Monitor Compliance- The Board 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 Board shall make these reports publicly available contemporaneously online.CommentsClose CommentsPermalink

‘Sec. 3604. Exemptions from recipient reporting requirement

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





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





‘(2) 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





‘(3) 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 Board may grant additional exemptions under this section for classes or categories of recipients.’.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 STANDARDIZATON 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 Board shall, by rule, designate common data elements, such as codes, identifiers, and fields, for information required to be reported by recipients or agencies under this chapter.CommentsClose CommentsPermalink





‘(2) CHARACTERISTICS OF COMMON DATA ELEMENTS- The common data elements designated under paragraph (1) shall, to the extent practicable, be nonproprietary.CommentsClose CommentsPermalink





‘(3) EXISTING COMMON DATA ELEMENTS- In designating common data elements under this subsection, the Board shall, to the extent practicable, 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 Board 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 required by paragraph (1) 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 Board 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

‘(a) Requirement- The Board shall publish online all information submitted by recipients and agencies pursuant to sections 3602 and 3603.CommentsClose CommentsPermalink





‘(b) Aggregation of Information That Is Exempt From Recipient Reporting Requirement- The Board shall publish, online and in the aggregate, information that is exempt from recipient reporting under section 3604 but that is reported by an Executive agency under section 3606 in the aggregate.CommentsClose CommentsPermalink





‘(c) Compliance With Open Data Principles and Best Practices- To the extent practicable, the Board shall 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





‘(d) Online Publication-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Board shall, in accordance with this section and section 204 of the E-Government Act of 2002 (44 U.S.C. 3501 note), establish and maintain one or more websites for the publication of data required to be published online under this section.CommentsClose CommentsPermalink





‘(2) PURPOSE OF WEBSITE OR WEBSITES- The website or websites established and maintained under this subsection 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





‘(3) CONTENT AND FUNCTION OF WEBSITE OR WEBSITES- The Board shall ensure that the website or websites established and maintained under this subsection:CommentsClose CommentsPermalink





‘(A) Makes available all information published under subsection (a) in a reasonably timely manner.CommentsClose CommentsPermalink





‘(B) Makes available all information published under subsection (a) in its original format.CommentsClose CommentsPermalink





‘(C) Makes available all information published under subsection (a) without charge, license, or registration requirement.CommentsClose CommentsPermalink





‘(D) Permits all information published under subsection (a) to be searched and aggregated.CommentsClose CommentsPermalink





‘(E) Permits all information published under subsection (a) to be downloaded in bulk.CommentsClose CommentsPermalink





‘(F) To the extent practicable, disseminates information published under subsection (a) via automatic electronic means.CommentsClose CommentsPermalink





‘(G) To the extent practicable, permits information published under subsection (a) to be freely shared by the public, such as by social media.CommentsClose CommentsPermalink





‘(H) To the extent practicable, uses permanent uniform resource locators for information published under subsection (a).CommentsClose CommentsPermalink





‘(I) Provide an opportunity for the public to provide input about the usefulness of the site and recommendations for improvements.CommentsClose CommentsPermalink





‘(e) New Technologies- Notwithstanding any other provision in this section, the Board may comply with the requirements of this section using such new technologies as may replace websites for data publication and dissemination.CommentsClose CommentsPermalink





‘(f) Transfer of Functions of Usaspending.gov- The Board and the Office of Management and Budget shall transfer the functions of USASpending.gov to the website or websites established under this section.CommentsClose CommentsPermalink

‘Sec. 3613. Federal accountability portal

‘(a) Requirement- The Board shall establish and maintain an integrated Internet-based system, consisting of one or more websites and to be known as a ‘Federal accountability portal’, to carry out the functions described in subsection (b).CommentsClose CommentsPermalink





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





‘(1) Combine information submitted by recipients and agencies under sections 3602 and 3603 with other compilations of information, such as Government databases and other proprietary and nonproprietary databases.CommentsClose CommentsPermalink





‘(2) Permit Executive agencies to verify the eligibility of recipients to receive Federal funds.CommentsClose CommentsPermalink





‘(3) Permit Executive agencies, Inspectors General, and law enforcement agencies to track Federal awards and recipients to find waste, fraud, and abuse.CommentsClose CommentsPermalink





‘(c) Guidance by Board- The Board 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.CommentsClose CommentsPermalink





‘(b) Penalties for Recipients’ 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 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 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 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 30 days after the date of the notification.CommentsClose CommentsPermalink





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





‘(d) Information and Assistance-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Upon request of the Board 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 Board, or an authorized designee.CommentsClose CommentsPermalink





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





‘(e) Use of Data Standards- After the Board designates any common data element or data reporting standard under section 3611, 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

‘Sec. 3615. Office of Management and Budget responsibilities

‘After the Board designates any common data element or data reporting standard under section 3611, 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. 3616. Treasury responsibilities

‘After the Board designates any common data element or data reporting standard under section 3611, 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. 103. GENERAL PROVISIONS 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. Effective date

‘This chapter takes effect on October 1, 2011.’.CommentsClose CommentsPermalink





(b) Deadlines for Implementation-CommentsClose CommentsPermalink





(1) BOARD DEADLINES- Within 180 days after the effective date of this Act, the Board shall--CommentsClose CommentsPermalink





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





(B) 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





(C) establish one or more websites under section 3612(d) of such title, as so added.CommentsClose CommentsPermalink





(2) 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 Board designates any common data element or data reporting standard under section 3611(a) 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 Secretary of the Treasury shall issue guidance under section 3616 of such title, as so added.CommentsClose CommentsPermalink

TITLE II--FEDERAL ACCOUNTABILITY AND SPENDING TRANSPARENCY BOARDCommentsClose CommentsPermalink

SEC. 201. FEDERAL ACCOUNTABILITY AND SPENDING TRANSPARENCY BOARD.

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 BOARD

‘Sec. 3621. Establishment

‘(a) Establishment- There is established the Federal Accountability and Spending Transparency Board 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 Board all functions of the Recovery Accountability and Transparency Board.CommentsClose CommentsPermalink





‘(2) POWERS, AUTHORITIES, RIGHTS, AND DUTIES- The Federal Accountability and Spending Transparency Board 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 Act.CommentsClose CommentsPermalink

‘Sec. 3622. Composition of the board

‘(a) Chairperson-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There is a Chairperson of the Board, who shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





‘(2) HEAD OF BOARD- The Chairperson is the head of the Board and shall have direction, authority, and control over it.CommentsClose CommentsPermalink





‘(3) COMMISSION ESTABLISHED- When a vacancy occurs in the office of Chairperson of the Board, a commission is established to recommend individuals to the President for appointment to the vacant office. The commission shall be composed of--CommentsClose CommentsPermalink





‘(A) the Speaker of the House of Representatives;CommentsClose CommentsPermalink





‘(B) the President pro tempore of the Senate;CommentsClose CommentsPermalink





‘(C) the majority and minority leaders of the House of Representatives and the Senate; andCommentsClose CommentsPermalink





‘(D) the chairmen and ranking minority members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





‘(4) RECOMMENDATIONS- A commission established because of a vacancy in the office of the Chairperson shall recommend at least three individuals. The President may ask the commission to recommend additional individuals.CommentsClose CommentsPermalink





‘(5) TERM- The term of service of the Chairperson of the Board shall be 5 years, but the Chairperson may serve after the expiration of the Chairperson’s term until a successor has taken office.CommentsClose CommentsPermalink





‘(6) LIMITATION ON TERMS- No person may serve as the Chairperson of the Board for more than 2 terms, whether or not such terms of service are consecutive.CommentsClose CommentsPermalink





‘(7) COMPENSATION- An individual appointed as Chairperson under paragraph (1) shall be compensated at the rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code.CommentsClose CommentsPermalink





‘(b) Members- The members of the Board shall include--CommentsClose CommentsPermalink





‘(1) the Inspectors General of the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Energy, the Department of Health and Human Services, the Department of Homeland Security, the Department of Transportation, and the Department of the Treasury;CommentsClose CommentsPermalink





‘(2) the Deputy Secretaries of the Department of Agriculture, the Department of Education, the Department of Energy, the Department of Health and Human Services, the Department of Transportation, and the Department of the Treasury, the Chief Management Officer of the Department of Defense, and the Undersecretary for Management of the Department of Homeland Security; andCommentsClose CommentsPermalink





‘(3) the Controller of the Office of Management and Budget and the Deputy Director for Management of the Office of Management and Budget.CommentsClose CommentsPermalink

‘Sec. 3623. Functions

‘(a) In General- The Board 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 fraud, waste, and abuse.CommentsClose CommentsPermalink





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





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





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





‘(3) Auditing, investigating, or reviewing Federal funds to determine whether fraud, wasteful spending, poor contract or grant management, or other abuses are occurring and referring matters it considers appropriate for further investigation to the inspector general for the Executive agency that disbursed the Federal funds.CommentsClose CommentsPermalink





‘(4) Regularly auditing the quality of the data submitted to it under sections 3602 and 3603.CommentsClose CommentsPermalink





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





‘(6) Reviewing whether there are appropriate mechanisms for interagency collaboration relating to Federal funds, including coordinating and collaborating to the extent practicable with the Inspectors General Council on Integrity and Efficiency established by the Inspector General Reform Act of 2008 (Public Law 110-409).CommentsClose CommentsPermalink





‘(c) Report Requirements-CommentsClose CommentsPermalink





‘(1) REPORTS-CommentsClose CommentsPermalink





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





‘(B) SEMI-ANNUAL REPORTS ON ACTIVITIES- The Board shall submit semi-annual reports to the President and Congress, summarizing the activities and findings of the Board and the findings of inspectors general of Executive agencies.CommentsClose CommentsPermalink





‘(C) REPORT ON SAVINGS- Not later than five years after the effective date of this Act, the Board 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 Board’s activities.CommentsClose CommentsPermalink





‘(2) PUBLIC AVAILABILITY- The Board 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 Board 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





‘(d) Recommendations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Board shall make recommendations to Executive agencies on measures to prevent fraud, waste, 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 Board on whether the Executive agency agrees or disagrees with the recommendations and any actions the Executive agency will take to implement the recommendations. The Board shall make all reports submitted to it under this paragraph publicly available contemporaneously online.CommentsClose CommentsPermalink

‘Sec. 3624. Powers

‘(a) In General- The Board shall conduct audits, investigations, and reviews of spending of Federal funds and coordinate on such activities with the inspectors general of the relevant Executive agency to avoid duplication and overlap of work.CommentsClose CommentsPermalink





‘(b) Audits and Reviews- The Board may--CommentsClose CommentsPermalink





‘(1) conduct its own independent audits, investigations, and reviews relating to Federal funds; andCommentsClose CommentsPermalink





‘(2) collaborate on audits, investigations, and reviews relating to Federal funds with any inspector general of an Executive agency.CommentsClose CommentsPermalink





‘(c) Authorities-CommentsClose CommentsPermalink





‘(1) AUDITS, INVESTIGATIONS, AND REVIEWS- In conducting audits, investigations, and reviews, the Board shall have the authorities provided under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). Additionally, the Board may issue subpoenas to compel the testimony of persons who are not Federal officers or employees and may enforce such subpoenas in the same manner as provided for inspector general subpoenas under section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).CommentsClose CommentsPermalink





‘(2) STANDARDS AND GUIDELINES- The Board shall carry out the powers under paragraphs (1) and (2) in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.).CommentsClose CommentsPermalink





‘(d) Contracts- The Board may enter into contracts to enable the Board to discharge its duties under this subtitle, 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 Board.CommentsClose CommentsPermalink





‘(e) Transfer of Funds- The Board may transfer funds appropriated to the Board for expenses to support administrative support services and audits, reviews, or other activities related to oversight by the Board of covered 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) Selection of Executive Director- On behalf of the Board, the Chairperson shall appoint an Executive Director who shall be the chief executive officer of the Board and who shall carry out the functions of the Board subject to the supervision and direction of the Board. 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, United States Code.CommentsClose CommentsPermalink





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

‘Sec. 3626. Rulemaking authority

‘The Board shall promulgate regulations to carry out this chapter.CommentsClose CommentsPermalink

‘Sec. 3627. Transfer of certain personnel

‘(a) Recovery Accountability and Transparency Board Employees- The Chairperson or Executive Director, or both, shall identify employees of the Recovery Accountability and Transparency Board for transfer to the Board, and such identified employees shall be transferred to the Board 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 Act, 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 Board 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 Board.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, and 2018 to carry out the functions of the Board.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 shall remain available to the Board until September 30, 2015.’.CommentsClose CommentsPermalink

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

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





‘Chairperson of the Federal Accountability and Spending Transparency Board.’.CommentsClose CommentsPermalink

SEC. 203. AMENDMENTS AND REPEAL OF RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD.

(a) Conforming Amendment to Name of Board- Section 1501(a)(2) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 287) is amended by striking ‘Recovery Accountability and Transparency Board’ and inserting ‘Federal Accountability and Spending Transparency Board’.CommentsClose CommentsPermalink





(b) Conforming Amendments to Subtitle B of Public Law 111-5- Subtitle B of such Act is amended by striking sections 1521, 1522, 1525(a), and 1529.CommentsClose CommentsPermalink





(c) Repeal of Subtitle B of Public Law 111-5- Effective on October 1, 2013, subtitle B 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 Board.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 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 audit, investigation, inspection, evaluation, or other review conducted by the Federal Accountability and Spending Transparency Board, the Council of Inspectors General on Integrity and Efficiency, or any Federal office of Inspector General, including any office of Special Inspector General.’.CommentsClose CommentsPermalink

SEC. 303. MATCHING PROGRAM.

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 (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, inspection, evaluation, or other review authorized under this Act to identify weaknesses that may lead to fraud, waste, 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 Federal Accountability and Transparency Board and the Secretary of Commerce shall transfer the functions of the Consolidated Federal Funds Report to the website or websites established under section 3612 of title 31, United States Code, as added by this Act.CommentsClose CommentsPermalink





(b) Information- The Board shall ensure that the website or websites established under such section 3612 permits users to determine the following information:CommentsClose CommentsPermalink





(1) 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





(2) 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. REPEAL OF FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006.

The Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note) is repealed.CommentsClose CommentsPermalink

SEC. 306. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect on October 1, 2011.CommentsClose CommentsPermalink