Text: H.R.150 — 116th Congress (2019-2020)All Information (Except Text)

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Public Law No: 116-103 (12/30/2019)

 
[116th Congress Public Law 103]
[From the U.S. Government Publishing Office]



[[Page 3265]]

   GRANT REPORTING EFFICIENCY AND AGREEMENTS TRANSPARENCY ACT OF 2019

[[Page 133 STAT. 3266]]

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.

[[Page 133 STAT. 3267]]

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.

[[Page 133 STAT. 3268]]

            ``(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;

[[Page 133 STAT. 3269]]

            ``(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.''.

[[Page 133 STAT. 3270]]

    (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.

[[Page 133 STAT. 3271]]

    (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:
---------------------------------------------------------------------------

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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