[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6115 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 6115
To amend the Federal Funding Accountability and Transparency Act of
2006 to require the Director of the Office of Management and Budget and
the Secretary of the Treasury to track and disclose funding and outlays
relating to disasters and emergencies on a centralized website, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2021
Mr. Peters (for himself, Mr. Gonzalez of Ohio, and Mr. Quigley)
introduced the following bill; which was referred to the Committee on
Oversight and Reform
_______________________________________________________________________
A BILL
To amend the Federal Funding Accountability and Transparency Act of
2006 to require the Director of the Office of Management and Budget and
the Secretary of the Treasury to track and disclose funding and outlays
relating to disasters and emergencies on a centralized website, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disclosing All Spending That Ensures
Relief Act'' or the ``DISASTER Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) At a time of constrained budgets, it is fiscally
prudent to understand the amount and the scope of the Federal
Government's funding and outlays relating to disasters and
emergencies affecting communities in need.
(2) Understanding the funding and outlays of Federal
agencies relating to disasters and emergencies will help better
inform the congressional funding process and presidential
budget requests.
(3) Knowledge about funding and outlay trends relating to
disasters and emergencies will guide mitigation efforts that
reduce vulnerabilities to future disasters and emergencies.
(4) Any accounting mechanism to track outlays relating to
disasters and emergencies should account for all funding
sources, including both procurement and financial assistance
funding, regardless of how that funding is appropriated.
(5) The Federal Government's fiscal exposure to disasters
and emergencies is not limited to the funding and outlays of
Federal agencies and should also include financial damages
associated with disasters and emergencies. For example,
financial damages associated with wildfires may exceed the
amount that Federal agencies actually spend in response to
wildfires. The difference in damages and outlays illustrates
the Federal Government's fiscal exposure to wildfires. Although
some Federal agencies currently track financial damages
associated with disasters and emergencies, this tracking should
be consistent and standardized across all relevant Federal
agencies.
(6) Data quality issues in business systems used by Federal
agencies and recipients of Federal awards hinder analysis and
learning opportunities about funding and outlays relating to
disasters and emergencies.
SEC. 3. PURPOSE.
The purpose of this Act is to require--
(1) relevant Federal agencies and components of Federal
agencies to track and report to the Director of the Office of
Management and Budget and the Secretary of the Treasury data on
funding, outlays, and, to the extent practicable, financial
damages relating to disasters and emergencies for publication
on a centralized website;
(2) the Comptroller General to study and recommend data
quality remediation measures for the data sources of the
website described in paragraph (1); and
(3) if applicable, the Director of the Office of Management
and Budget and the Secretary of the Treasury to implement the
data quality remediation measures described in paragraph (2).
SEC. 4. ENHANCED DISCLOSURE OF FUNDING RELATING TO DISASTERS OR
EMERGENCIES.
(a) Definition.--
(1) In general.--Section 2(a) of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note) is amended--
(A) by redesignating paragraphs (2) through (8) as
paragraphs (4) through (10), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Disaster or emergency.--The term `disaster or
emergency' means--
``(A) any major disaster or emergency declared by
the President under section 401 or 501, respectively,
of the Robert T. Stafford Disaster Relief and Emergency
34 Assistance Act (42 U.S.C. 5170, 5191);
``(B) any fire for which assistance is provided
under section 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5187);
``(C) any fire for which fire suppression
activities are carried out by the Department of the
Interior or the Department of Agriculture;
``(D) any national emergency declared by the
President under section 201 of the National Emergencies
Act (50 U.S.C. 1621);
``(E) any disaster or emergency relating to
assistance provided under section 7(b) of the Small
Business Act (15 U.S.C. 636(b));
``(F) any natural disaster declared by the
Secretary of Agriculture under section 321(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1961(a));
``(G) any public health emergency declared by the
Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d);
``(H) any commercial fishery failure due to a
fishery resource disaster or catastrophic regional
fishery disaster determined by the Secretary of
Commerce under section 312(a) or 315(a), respectively,
of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(a), 1864(a)); and
``(I) any other potential or actual disaster or
emergency identified by the Director, in consultation
with the head of any relevant Federal agency.
``(3) Disaster-related financial damages.--The term
`disaster-related financial damages' means any financial or
economic loss determined by the Director that may inform
necessary Federal outlays relating to any disaster or
emergency.''; and
(C) in paragraph (9), as so redesignated--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) search and aggregate Federal funding and
outlays relating to disasters or emergencies and other
relevant information.''.
(2) Conforming amendments.--Section 2 of the Federal
Funding Accountability and Transparency Act of 2006 (31 U.S.C.
6101 note), as amended by paragraph (1), is further amended--
(A) in subsection (a)(9)--
(i) in subparagraph (B), by striking
``paragraph (2)(A)(i)'' and inserting
``paragraph (6)(A)(i)''; and
(ii) in subparagraph (C), by striking
``paragraph (2)(A)(ii)'' and inserting
``paragraph (6)(A)(ii)''; and
(B) in subsection (c)(5), by striking ``subsection
(a)(2)(A)(i) and those described in subsection
(a)(2)(A)(ii)'' and inserting ``subsection (a)(6)(A)(i)
and those described in subsection (a)(6)(A)(ii)''.
(b) Funding Relating to Disasters and Emergencies.--Section 3 of
the Federal Funding Accountability and Transparency Act of 2006 (31
U.S.C. 6101 note) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C)(ii), by striking ``and'' at
the end;
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) from which accounts and in what amount--
``(i) appropriations are obligated relating
to any disaster or emergency, which shall be
accompanied by the information described in
subsection (c)(2)(A); and
``(ii) outlays are made relating to any
disaster or emergency, which shall be
accompanied by the information described in
subsection (c)(2)(A); and''; and
(2) by adding at the end the following:
``(c) Full Disclosure of Funding and Outlays Relating to Disasters
and Emergencies.--
``(1) Pilot program.--
``(A) In general.--Not later than 180 days after
the date of enactment of the DISASTER Act, the Director
and the Secretary shall establish a pilot program to--
``(i) test and evaluate the collection and
accession of data involving and associated with
amounts obligated or outlayed relating to any
disaster or emergency, as those data are
reported under subsection (b)(1)(D), which may
include--
``(I) outlays in the wake of any
disaster or emergency;
``(II) outlays in advance of any
potential or actual disaster or
emergency;
``(III) administrative outlays
associated with outlays described in
subclause (I) or (II); or
``(IV) any other category of
outlays relating to any disaster or
emergency determined by the Director
and the Secretary;
``(ii) test and evaluate the collection and
accession of data involving and associated with
disaster-related financial damages, as those
data are reported under paragraph (2)(A)(iii),
which shall be provided as ancillary data to
the data described in clause (i);
``(iii) determine the proper scope and
standardization of data elements for the data
described in clauses (i) and (ii);
``(iv) determine the proper frequency of
reporting for the data described in clauses (i)
and (ii), which shall be not less frequently
than once every 2 weeks;
``(v) produce a strategic plan, which shall
be made publicly available not later than 90
days after the date on which the pilot program
terminates, for implementing a program across
the Federal Government for reporting the data
described in clauses (i) and (ii) using the
scope and standardization determined under
clause (iii) and the frequency determined under
clause (iv); and
``(vi) identify and propose solutions for
any challenges in implementing the program
described in clause (v), including--
``(I) as appropriate,
recommendations for proposed
legislation; and
``(II) challenges in reporting
funding or outlays that--
``(aa) have been
reprogrammed from an existing
program;
``(bb) have been subject to
a reporting requirement waiver;
``(cc) involve a need for
cost allocation methodology
within any individual
appropriations account in order
to identify outlays associated
with any disaster or emergency,
such as an outlay for salaries
of Federal employees who are
engaged in response to any
disaster or emergency; or
``(dd) relate to any
disaster or emergency that
lacks a clear start or end
date.
``(B) Consultation with experts.--In establishing
the pilot program under subparagraph (A), the Director
and the Secretary shall consult with individuals who
are--
``(i) representatives of relevant
governmental and nongovernmental organizations,
including Federal agencies and components of
Federal agencies of diverse sizes and missions;
and
``(ii) experts in--
``(I) disaster relief and
preparedness; or
``(II) Federal Government
accounting.
``(C) Termination.--The pilot program established
under subparagraph (A) shall terminate not later than 2
years after the date of the establishment of the pilot
program.
``(2) Reporting of disaster- and emergency-related
funding.--Using information learned from the pilot program
established under paragraph (1)(A) and not later than 1 year
after the date of the termination of the pilot program, the
Director and the Secretary shall--
``(A) establish data standards by which to
identify, categorize, and describe each disaster or
emergency, including--
``(i) a label for the identification and
categorization of the disaster or emergency;
``(ii) to the extent practicable--
``(I) each State or locality
affected by the disaster or emergency;
and
``(II) the start and end dates of
the disaster or emergency;
``(iii) to the extent practicable, the
estimated disaster-related financial damages,
which shall be--
``(I) disaggregated by affected
States or localities;
``(II) itemized by standardized
categories to demonstrate the need for
specific types of Federal outlays; and
``(III) collected on an ongoing
basis; and
``(iv) any other information or category
determined by the Director and the Secretary;
and
``(B) issue guidance to Federal agencies and
components of Federal agencies to--
``(i) require the tracking and reporting of
funds obligated or outlayed relating to any
disaster or emergency in accordance with
subsection (b)(1)(D);
``(ii) require the tracking and publishing
on the website established under section
2(b)(1) of--
``(I) to the extent practicable,
any disaster-related financial damages,
which shall be provided as ancillary
data to the data described in clause
(i); and
``(II) information relating to any
disaster or emergency identified,
categorized, and described under
subsection (c)(2)(A);
``(iii) eliminate any tracking, publishing,
or reporting that would be duplicative of the
information tracked under clauses (i) and (ii);
and
``(iv) not less frequently than annually,
give feedback to, and receive updated guidance
from, the Director and the Secretary relating
to any outlays by Federal agencies and
components of Federal agencies that--
``(I) are not tracked under clause
(i); and
``(II) may qualify as outlays
relating to any disaster or emergency.
``(3) Comptroller general report.--Not later than 3 years
after the date on which the Director and the Secretary issue
guidance under paragraph (2)(B), the Comptroller General of the
United States shall 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 that--
``(A) assesses the completeness, timeliness,
quality, accuracy, and usefulness of the information
described in paragraph (2)(B); and
``(B) if appropriate, includes any recommendations
to improve the information described in paragraph
(2)(B).''.
SEC. 5. DATA QUALITY REPORTS AND REMEDIATION PLANS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Reform of the
House of Representatives.
(2) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(3) Data quality issue.--The term ``data quality issue''
means a situation in which a collection of quantitative or
qualitative data represent or suggest inaccurate, misleading,
or insufficiently clear information in a common way.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General shall submit a publicly available
report to the appropriate congressional committees relating to current
and ongoing data quality issues in the data sources of the website
established under section 2(b)(1) of the Federal Funding Accountability
and Transparency Act of 2006 (31 U.S.C. 6101 note), including data
quality issues of--
(1) the Federal Funding Accountability and Transparency Act
Subaward Reporting System;
(2) the Federal Procurement Data System;
(3) any business system operated by a Federal agency or a
component of a Federal agency identified by the Comptroller
General;
(4) any successor system of a system described in this
subsection; and
(5) any other data source identified by the Comptroller
General.
(c) Contents.--The report submitted under subsection (b) shall
include--
(1) an identification of data quality issues of the data
systems described in subsection (b), as applicable, including
situations in which--
(A) outlayed amounts exceed obligated amounts;
(B) subaward amounts exceed prime award amounts;
(C) inappropriate variations exist for how a single
entity or location is identified, such as a situation
in which--
(i) the same legal entity possesses
multiple different unique identifiers; or
(ii) the same geographic location possesses
intentional or unintentional variations in
spelling;
(D) open text fields are insufficiently
informative, such as in award descriptions;
(E) required or relevant information is missing,
including--
(i) as a result of a reporting requirement
waiver; and
(ii) any information that is collected
inconsistently across Federal award types or
Federal program types, such an industry
information or demographic information;
(F) labels and other identifiers are incorrectly or
inappropriately assigned, including--
(i) any failure to produce or update labels
and other identifiers for funding that has been
reprogrammed from an existing program; and
(ii) any inaccurate identification of funds
obligated or outlayed relating to any disaster
or emergency; and
(G) any other potential or actual problem is
identified by the Comptroller General; and
(2) for each data quality issue identified under paragraph
(1)--
(A) a list of each relevant system in which the
data quality issue is created and propagated;
(B) a list of the stakeholder groups involved in
creating and reviewing the data in which the data
quality issue is found;
(C) an explanation of known and accepted exceptions
to instances of the data quality issue that--
(i) may appear problematic; and
(ii) are justified in some cases;
(D) an assessment of the root cause of the data
quality issue;
(E) a discussion of any tradeoffs on data quality
versus cost or effort;
(F) a list of existing mechanisms to detect or
prevent instances of the data quality issue; and
(G) any recommendations for relevant business
systems and stakeholder groups to remediate the data
quality issue and explain to public data consumers the
known and accepted exceptions, including--
(i) a proposed timeline for implementation
and evaluation by relevant stakeholder groups,
which shall not exceed 2 years from the date of
the submission of the report, unless justified
in writing;
(ii) metrics to determine success;
(iii) proposed solutions that may involve
technological, behavioral, institutional,
cultural, educational, regulatory, legislative,
or resource allocation changes; and
(iv) any other recommendation relating to
the efficiency or effectiveness of the data
systems described in subsection (b).
(d) Updates.--Not later than 2 years after the date on which the
report required under subsection (b) is submitted, and every 2 years
thereafter until not less than 6 years after such date, the Comptroller
General shall submit to the appropriate congressional committees an
updated and publicly available report that includes--
(1) the information required to be included in the report
under subsection (c);
(2) any newly identified data quality issues;
(3) information relating to the success of the remediation
recommendations included in previous reports; and
(4) a determination of whether any additional updated
reports with the same submission schedule and requirements as
the report required under this subsection are needed.
(e) Implementation Plans.--Not later than 90 days after the date on
which the Comptroller General submits a report required under
subsection (b) or (d), the Director and the Secretary shall submit to
the appropriate congressional committees a publicly available report
that explains, with respect to a recommendation described in subsection
(c)(2)(G)--
(1) whether and how each relevant stakeholder group should
implement the recommendation, including any comments on the
recommendation; and
(2) if applicable, any challenges and related solutions to
implementing the recommendation.
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