Public Law 109-282 — 120 Stat. 1186 — Federal Funding Accountability and Transparency Act of 2006 (Sept. 26, 2006)
Summary
Public Law 109-282, the Federal Funding Accountability and Transparency Act of 2006, approved September 26, 2006 and printed at 120 Stat. 1186, requires full disclosure of all entities and organizations receiving Federal funds. It directs the Office of Management and Budget to ensure, not later than January 1, 2008, a single searchable website, accessible by the public at no cost, showing for each Federal award the recipient's name, the amount, the funding agency, the locations of the recipient and of performance, and a unique identifier, from fiscal year 2007. Federal awards include grants, loans and contracts but not individual transactions below $25,000. The Act orders a subaward pilot program by July 1, 2007 and subaward reporting by January 1, 2009, exempting entities whose gross income did not exceed $300,000, and a Comptroller General compliance report by January 1, 2010.
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PUBLIC LAW 109–282—SEPT. 26, 2006
FEDERAL FUNDING ACCOUNTABILITY AND
TRANSPARENCY ACT OF 2006
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120 STAT. 1186 PUBLIC LAW 109–282—SEPT. 26, 2006
Public Law 109–282
109th Congress
An Act
Sept. 26, 2006
To require full disclosure of all entities and organizations receiving Federal funds.
[S. 2590]
Be it enacted by the Senate and House of Representatives of
Federal Funding the United States of America in Congress assembled,
Accountability
and SECTION 1. SHORT TITLE.
Transparency Act
of 2006. This Act may be cited as the ‘‘Federal Funding Accountability
31 USC 6101 and Transparency Act of 2006’’.
note.
31 USC 6101 SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIVING FEDERAL
note. FUNDING.
(a) DEFINITIONS.—In this section:
(1) ENTITY.—The term ‘‘entity’’—
(A) includes, whether for profit or nonprofit—
(i) a corporation;
(ii) an association;
(iii) a partnership;
(iv) a limited liability company;
(v) a limited liability partnership;
(vi) a sole proprietorship;
(vii) any other legal business entity;
(viii) any other grantee or contractor that is not
excluded by subparagraph (B) or (C); and
(ix) any State or locality;
(B) on and after January 1, 2009, includes any subcon-
tractor or subgrantee; and
(C) does not include—
(i) an individual recipient of Federal assistance;
or
(ii) a Federal employee.
(2) FEDERAL AWARD.—The term ‘‘Federal award’’—
(A) means Federal financial assistance and expendi-
tures that—
(i) include grants, subgrants, loans, awards,
cooperative agreements, and other forms of financial
assistance;
(ii) include contracts, subcontracts, purchase
orders, task orders, and delivery orders;
(B) does not include individual transactions below
$25,000; and
(C) before October 1, 2008, does not include credit
card transactions.
(3) SEARCHABLE WEBSITE.—The term ‘‘searchable website’’
means a website that allows the public to—
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PUBLIC LAW 109–282—SEPT. 26, 2006 120 STAT. 1187
(A) search and aggregate Federal funding by any ele-
ment required by subsection (b)(1);
(B) ascertain through a single search the total amount
of Federal funding awarded to an entity by a Federal
award described in paragraph (2)(A)(i), by fiscal year;
(C) ascertain through a single search the total amount
of Federal funding awarded to an entity by a Federal
award described in paragraph (2)(A)(ii), by fiscal year; and
(D) download data included in subparagraph (A)
included in the outcome from searches.
(b) IN GENERAL.—
(1) WEBSITE.—Not later than January 1, 2008, the Office Deadline.
of Management and Budget shall, in accordance with this sec-
tion, section 204 of the E-Government Act of 2002 (Public
Law 107–347; 44 U.S.C. 3501 note), and the Office of Federal
Procurement Policy Act (41 U.S.C. 403 et seq.), ensure the
existence and operation of a single searchable website, acces-
sible by the public at no cost to access, that includes for each
Federal award—
(A) the name of the entity receiving the award;
(B) the amount of the award;
(C) information on the award including transaction
type, funding agency, the North American Industry Classi-
fication System code or Catalog of Federal Domestic Assist-
ance number (where applicable), program source, and an
award title descriptive of the purpose of each funding
action;
(D) the location of the entity receiving the award and
the primary location of performance under the award,
including the city, State, congressional district, and
country;
(E) a unique identifier of the entity receiving the award
and of the parent entity of the recipient, should the entity
be owned by another entity; and
(F) any other relevant information specified by the
Office of Management and Budget.
(2) SCOPE OF DATA.—The website shall include data for
fiscal year 2007, and each fiscal year thereafter.
(3) DESIGNATION OF AGENCIES.—The Director of the Office
of Management and Budget is authorized to designate one
or more Federal agencies to participate in the development,
establishment, operation, and support of the single website.
In the initial designation, or in subsequent instructions and
guidance, the Director may specify the scope of the responsibil-
ities of each such agency.
(4) AGENCY RESPONSIBILITIES.—Federal agencies shall
comply with the instructions and guidance issued by the
Director of the Office of Management and Budget under para-
graph (3), and shall provide appropriate assistance to the
Director upon request, so as to assist the Director in ensuring
the existence and operation of the single website.
(c) WEBSITE.—The website established under this section—
(1) may use as the source of its data the Federal Procure-
ment Data System, Federal Assistance Award Data System,
and Grants.gov, if all of these data sources are searchable
through the website and can be accessed in a search on the
website required by this Act, provided that the user may—
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120 STAT. 1188 PUBLIC LAW 109–282—SEPT. 26, 2006
(A) specify such search shall be confined to Federal
contracts and subcontracts;
(B) specify such search shall be confined to include
grants, subgrants, loans, awards, cooperative agreements,
and other forms of financial assistance;
(2) shall not be considered in compliance if it hyperlinks
to the Federal Procurement Data System website, Federal
Assistance Award Data System website, Grants.gov website,
or other existing websites, so that the information elements
required by subsection (b)(1) cannot be searched electronically
by field in a single search;
Public comments. (3) shall provide an opportunity for the public to provide
input about the utility of the site and recommendations for
improvements;
Deadline. (4) shall be updated not later than 30 days after the award
of any Federal award requiring a posting; and
(5) shall provide for separate searches for Federal awards
described in subsection (a) to distinguish between the Federal
awards described in subsection (a)(2)(A)(i) and those described
in subsection (a)(2)(A)(ii).
(d) SUBAWARD DATA.—
(1) PILOT PROGRAM.—
Deadline. (A) IN GENERAL.—Not later than July 1, 2007, the
Director of the Office of Management and Budget shall
commence a pilot program to—
(i) test the collection and accession of data about
subgrants and subcontracts; and
(ii) determine how to implement a subaward
reporting program across the Federal Government,
including—
(I) a reporting system under which the entity
issuing a subgrant or subcontract is responsible
for fulfilling the subaward reporting requirement;
and
(II) a mechanism for collecting and incor-
porating agency and public feedback on the design
and utility of the website.
(B) TERMINATION.—The pilot program under subpara-
graph (A) shall terminate not later than January 1, 2009.
(2) REPORTING OF SUBAWARDS.—
(A) IN GENERAL.—Based on the pilot program con-
ducted under paragraph (1), and, except as provided in
subparagraph (B), not later than January 1, 2009, the
Director of the Office of Management and Budget—
(i) shall ensure that data regarding subawards
are disclosed in the same manner as data regarding
other Federal awards, as required by this Act; and
(ii) shall ensure that the method for collecting
and distributing data about subawards under clause
(i)—
(I) minimizes burdens imposed on Federal
award recipients and subaward recipients;
(II) allows Federal award recipients and
subaward recipients to allocate reasonable costs
for the collection and reporting of subaward data
as indirect costs; and
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PUBLIC LAW 109–282—SEPT. 26, 2006 120 STAT. 1189
(III) establishes cost-effective requirements for
collecting subaward data under block grants, for-
mula grants, and other types of assistance to State
and local governments.
(B) EXTENSION OF DEADLINE.—For subaward recipients
that receive Federal funds through State, local, or tribal
governments, the Director of the Office of Management
and Budget may extend the deadline for ensuring that
data regarding such subawards are disclosed in the same
manner as data regarding other Federal awards for a period
not to exceed 18 months, if the Director determines that
compliance would impose an undue burden on the
subaward recipient.
(e) EXCEPTION.—Any entity that demonstrates to the Director
of the Office of Management and Budget that the gross income,
from all sources, for such entity did not exceed $300,000 in the
previous tax year of such entity shall be exempt from the require-
ment to report subawards under subsection (d), until the Director
determines that the imposition of such reporting requirements will
not cause an undue burden on such entities.
(f) CONSTRUCTION.—Nothing in this Act shall prohibit the Office
of Management and Budget from including through the website
established under this section access to data that is publicly avail-
able in any other Federal database.
(g) REPORT.—
(1) IN GENERAL.—The Director of the Office of Management
and Budget shall submit to the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate and the Committee
on Government Reform of the House of Representatives an
annual report regarding the implementation of the website
established under this section.
(2) CONTENTS.—Each report submitted under paragraph
(1) shall include—
(A) data regarding the usage and public feedback on
the utility of the site (including recommendations for
improving data quality and collection);
(B) an assessment of the reporting burden placed on
Federal award and subaward recipients; and
(C) an explanation of any extension of the subaward
reporting deadline under subsection (d)(2)(B), if applicable.
(3) PUBLICATION.—The Director of the Office of Manage- Public
ment and Budget shall make each report submitted under information.
paragraph (1) publicly available on the website established
under this section.
SEC. 3. CLASSIFIED INFORMATION. 31 USC 6101
note.
Nothing in this Act shall require the disclosure of classified
information.
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120 STAT. 1190 PUBLIC LAW 109–282—SEPT. 26, 2006
31 USC 6101 SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTING
note. REQUIREMENT.
Not later than January 1, 2010, the Comptroller General shall
submit to Congress a report on compliance with this Act.
Approved September 26, 2006.
LEGISLATIVE HISTORY—S. 2590:
SENATE REPORTS: No. 109–329 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 7, considered and passed Senate.
Sept. 13, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Sept. 26, Presidential remarks.
Æ
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