[116th Congress Public Law 103]
[From the U.S. Government Publishing Office]
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GRANT REPORTING EFFICIENCY AND AGREEMENTS TRANSPARENCY ACT OF 2019
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Public Law 116-103
116th Congress
An Act
To modernize Federal grant reporting, and for other
purposes. <<NOTE: Dec. 30, 2019 - [H.R. 150]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Grant Reporting
Efficiency and Agreements Transparency Act of 2019. 31 USC 6401 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Grant Reporting
Efficiency and Agreements Transparency Act of 2019'' or the ``GREAT
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Data standards for grant reporting.
Sec. 5. Single Audit Act.
Sec. 6. Consolidation of assistance-related information; publication of
public information as open data.
Sec. 7. Evaluation of nonproprietary identifiers.
Sec. 8. Rule of construction.
Sec. 9. No additional funds authorized.
SEC. 2. <<NOTE: 31 USC 6401 note.>> PURPOSES.
The purposes of this Act are to--
(1) modernize reporting by recipients of Federal grants and
cooperative agreements by creating and imposing data standards
for the information that those recipients are required by law to
report to the Federal Government;
(2) implement the recommendation by the Director of the
Office of Management and Budget contained in the report
submitted under section 5(b)(6) of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note) relating to the development of a ``comprehensive taxonomy
of standard definitions for core data elements required for
managing Federal financial assistance awards'';
(3) reduce burden and compliance costs of recipients of
Federal grants and cooperative agreements by enabling technology
solutions, existing or yet to be developed, for use in both the
public and private sectors to better manage the data that
recipients already provide to the Federal Government; and
(4) strengthen oversight and management of Federal grants
and cooperative agreements by agencies by consolidating the
collection and display of and access to open data that has been
standardized and, where appropriate, increasing transparency to
the public.
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SEC. 3. <<NOTE: 31 USC 6401 note.>> DEFINITIONS.
In this Act, the terms ``agency'', ``Director'', ``Federal award'',
and ``Secretary'' have the meanings given those terms in section 6401 of
title 31, United States Code, as added by section 4(a) of this Act.
SEC. 4. DATA STANDARDS FOR GRANT REPORTING.
(a) Amendment.--Subtitle V of title 31, United States Code, is
amended by inserting <<NOTE: 31 USC 6401 prec.>> after chapter 63 the
following:
``CHAPTER 64--DATA STANDARDS FOR GRANT REPORTING
``Sec.
``6401. Definitions.
``6402. Data standards for grant reporting.
``6403. Guidance applying data standards for grant reporting.
``6404. Agency requirements.
``Sec. 6401. <<NOTE: 31 USC 6401.>> Definitions
``In this chapter:
``(1) Agency.--The term `agency' has the meaning given the
term in section 552(f) of title 5.
``(2) Core data elements.--The term `core data elements'
means data elements relating to financial management,
administration, or management that--
``(A) are not program-specific in nature or program-
specific outcome measures, as defined in section 1115(h)
of this title; and
``(B) are required by agencies for all or the vast
majority of recipients of Federal awards for purposes of
reporting.
``(3) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(4) Executive department.--The term `Executive department'
has the meaning given the term in section 101 of title 5.
``(5) Federal award.--The term `Federal award'--
``(A) means the transfer of anything of value for a
public purpose of support or stimulation authorized by a
law of the United States, including financial assistance
and Government facilities, services, and property;
``(B) includes a grant, a subgrant, a cooperative
agreement, or any other transaction; and
``(C) does not include a transaction or agreement--
``(i) that provides for conventional public
information services or procurement of property or
services for the direct benefit or use of the
Government; or
``(ii) that provides only--
``(I) direct Government cash
assistance to an individual;
``(II) a subsidy;
``(III) a loan;
``(IV) a loan guarantee; or
``(V) insurance.
``(6) Secretary.--The term `Secretary' means the head of the
standard-setting agency.
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``(7) Standard-setting agency.--The term `standard-setting
agency' means the Executive department designated under section
6402(a)(1).
``(8) State.--The term `State' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
``Sec. 6402. <<NOTE: 31 USC 6402.>> Data standards for grant
reporting
``(a) In General.--
``(1) Designation of standard-setting agency.--The Director
shall designate the Executive department that administers the
greatest number of programs under which Federal awards are
issued in a calendar year as the standard-setting agency.
``(2) <<NOTE: Deadline.>> Establishment of standards.--Not
later than 2 years after the date of enactment of this chapter,
the Secretary and the Director shall establish Governmentwide
data standards for information reported by recipients of Federal
awards.
``(3) Data elements.--The data standards established under
paragraph (2) shall include, at a minimum--
``(A) standard definitions for data elements
required for managing Federal awards; and
``(B) unique identifiers for Federal awards and
recipients of Federal awards that can be consistently
applied Governmentwide.
``(b) Scope.--The data standards established under subsection (a)--
``(1) shall include core data elements;
``(2) may cover information required by law to be reported
to any agency by recipients of Federal awards, including audit-
related information reported under chapter 75 of this title; and
``(3) may not be used by the Director or any agency to
require the collection of any data not otherwise required under
Federal law.
``(c) Requirements.--The data standards established under subsection
(a) shall, to the extent reasonable and practicable--
``(1) render information reported by recipients of Federal
awards fully searchable and machine-readable;
``(2) be nonproprietary;
``(3) incorporate standards developed and maintained by
voluntary consensus standards bodies;
``(4) be consistent with and implement applicable accounting
and reporting principles; and
``(5) incorporate the data standards established under the
Federal Funding Accountability and Transparency Act of 2006 (31
U.S.C. 6101 note).
``(d) Consultation.--In establishing the data standards under
subsection (a), the Secretary and the Director shall consult with--
``(1) the Secretary of the Treasury to ensure that the data
standards established under subsection (a) incorporate the data
standards established under the Federal Funding Accountability
and Transparency Act of 2006 (31 U.S.C. 6101 note);
``(2) the head of each agency that issues Federal awards;
``(3) recipients of Federal awards and organizations
representing recipients of Federal awards;
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``(4) private sector experts;
``(5) members of the public, including privacy experts,
privacy advocates, auditors, and industry stakeholders; and
``(6) State and local governments.
``Sec. 6403. <<NOTE: 31 USC 6403.>> Guidance applying data
standards for grant reporting
``(a) <<NOTE: Deadline.>> In General.--Not later than 3 years after
the date of enactment of this chapter--
``(1) the Secretary and the Director shall jointly issue
guidance to all agencies directing the agencies to apply the
data standards established under section 6402(a) to all
applicable reporting by recipients of Federal awards; and
``(2) the Director shall prescribe guidance applying the
data standards established under section 6402(a) to audit-
related information reported under chapter 75 of this title.
``(b) Guidance.--The guidance issued under subsection (a) shall--
``(1) to the extent reasonable and practicable--
``(A) minimize the disruption of existing reporting
practices of, and not increase the reporting burden on,
agencies or recipients of Federal awards; and
``(B) explore opportunities to implement modern
technologies in reporting relating to Federal awards;
``(2) <<NOTE: Lists.>> allow the Director to permit
exceptions for classes of Federal awards, including exceptions
for Federal awards granted to Indian Tribes and Tribal
organizations consistent with the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.), if the
Director publishes a list of those exceptions and submits the
list to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and Reform
of the House of Representatives; and
``(3) take into consideration the consultation required
under section 6402(d).
``(c) Updating Guidance.--
``(1) <<NOTE: Time periods.>> In general.--Not less
frequently than once every 10 years, the Director shall update
the guidance issued under subsection (a).
``(2) Procedures.--In updating guidance under paragraph (1),
the Director shall, to the maximum extent practicable, follow
the procedures for the development of the data standards and
guidance prescribed under this section and section 6402.
``Sec. 6404. <<NOTE: 31 USC 6404.>> Agency requirements
``Not <<NOTE: Deadline.>> later than 1 year after the date on which
guidance is issued or updated under subsection (b) or (c), respectively,
of section 6403, the head of each agency shall--
``(1) ensure that all of the Federal awards that the agency
issues use data standards for all future information collection
requests; and
``(2) amend existing information collection requests under
chapter 35 of title 44 (commonly known as the `Paperwork
Reduction Act') to comply with the data standards established
under section 6402 of this chapter, in accordance with the
guidance issued by the Secretary and the Director under section
6403 of this chapter.''.
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(b) Technical and Conforming Amendment.--The table of chapters for
subtitle V of title 31, United States Code, <<NOTE: 31 USC 6101 prec.>>
is amended by inserting after the item relating to chapter 63 the
following:
``64. Data standards for grant reporting.........................6401''.
SEC. 5. SINGLE AUDIT ACT.
(a) Amendments.--
(1) Audit requirements.--Section 7502(h) of title 31, United
States Code, is amended, in the matter preceding paragraph (1),
by inserting ``in an electronic form in accordance with the data
standards established under chapter 64 and'' after ``the
reporting package,''.
(2) Regulations.--Section 7505 of title 31, United States
Code, is amended by adding at the end the following:
``(d) Such guidance shall require audit-related information reported
under this chapter to be reported in an electronic form in accordance
with the data standards established under chapter 64.''.
(b) <<NOTE: Deadline. 31 USC 7505 note.>> Guidance.--Not later than
3 years after the date of enactment of this Act, the Director shall
issue guidance requiring audit-related information reported under
chapter 75 of title 31, United States Code, to be reported in an
electronic form consistent with the data standards established under
chapter 64 of that title, as added by section 4(a) of this Act.
SEC. 6. <<NOTE: 31 USC 6402 note.>> CONSOLIDATION OF ASSISTANCE-
RELATED INFORMATION; PUBLICATION OF PUBLIC
INFORMATION AS OPEN DATA.
(a) <<NOTE: Deadline.>> Collection of Information.--Not later than
5 years after the date of enactment of this Act, the Secretary and the
Director shall, using the data standards established under chapter 64 of
title 31, United States Code, as added by section 4(a) of this Act,
enable the collection, public display, and maintenance of Federal award
information as a Governmentwide data set, subject to reasonable
restrictions established by the Director to ensure protection of
personally identifiable information and otherwise sensitive information.
(b) <<NOTE: Website.>> Publication of Information.--The Secretary
and the Director shall require the publication of data reported by
recipients of Federal awards that is collected from all agencies on a
single public portal, which may be an existing Governmentwide website,
as determined appropriate by the Director.
(c) FOIA.--Nothing in this section shall require the disclosure to
the public of information that would be exempt from disclosure under
section 552 of title 5, United States Code (commonly known as the
``Freedom of Information Act'').
SEC. 7. <<NOTE: 31 USC 6402 note.>> EVALUATION OF NONPROPRIETARY
IDENTIFIERS.
(a) Determination Required.--The Director and the Secretary shall
determine whether to use nonproprietary identifiers described in section
6402(a)(3)(B) of title 31, United States Code, as added by section 4(a)
of this Act.
(b) Factors to Be Considered.--In making the determination under
subsection (a), the Director and the Secretary shall consider factors
such as accessibility and cost to recipients of Federal awards, agencies
that issue Federal awards, private sector experts, and members of the
public, including privacy experts, privacy advocates, transparency
experts, and transparency advocates.
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(c) Publication and Report on Determination.--Not later than the
earlier of 1 year after the date of enactment of this Act or the date on
which the Director and the Secretary establish data standards under
section 6402(a)(2) of title 31, United States Code, as added by section
4(a) of this Act, the Director and the Secretary shall publish and
submit to the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Reform of the House of
Representatives a report explaining the reasoning for the determination
made under subsection (a).
SEC. 8. <<NOTE: 31 USC 6401 note.>> RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to require the collection of data that is not otherwise
required under any Federal law, rule, or regulation.
SEC. 9. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall be
carried out using amounts otherwise authorized.
Approved December 30, 2019.
LEGISLATIVE HISTORY--H.R. 150:
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SENATE REPORTS: No. 116-96 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 165 (2019):
Jan. 15, 17, considered and passed House.
Oct. 21, considered and passed Senate, amended.
Dec. 16, House concurred in Senate amendment.
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