Grants Blog

It seems it is not a matter of whether, but when, the federal government will impose new reporting requirements on recipients of federal financial assistance. On the same day, President Obama issued a new executive order on the matter while a key member of Congress introduced legislation that could have a drastic impact on grants management.

Both the executive order and the legislation have the ultimate goals of increasing transparency (read increasing reporting) and reducing waste. And both are based largely on the lessons learned through the Recovery Act. So the impetus for the changes in transparency, accountability, and reporting is strong. The only questions that remain are how to reach those goals.

Obama’s initiative, which is being spearheaded by Vice President Biden, creates a new Government Accountability and Transparency Board to “provide strategic direction for enhancing the transparency of federal spending and advance efforts to detect and remediate fraud, waste, and abuse.”

Obama’s order goes to say that the board will “apply the approaches developed by the [Recovery Act Board] across government spending.”

Meanwhile, Rep. Darrell Issa, R-Calif., Chairman of the House Committee on Oversight and Government Reform, introduced the Digital Accountability and Transparency Act, or DATA Act.  His legislation would also create a permanent governmentwide accountability board, and would go further.

The DATA Act would require the new accountability board to establish common identifiers and consistent reporting standards for all federally collected data. It would also require all recipients of federal grants, contracts, and loans to report on their receipt and use of federal funds at least quarterly. Compliance would be a condition of receiving funds. And agencies could impose penalties of up to $250,000 on those that don’t report. (Does this mean OMB would need to amend the administrative requirements in Circular A-102 and 2 CFR 215?)

Finally, the legislation would repeal the Federal Funding Accountability and Transparency Act.

Information on Issa’s legislation is available here. To read the executive order, click here.

I’ve been looking at the recently released 2011 A-133 Compliance Supplement and found several items of interest (at least to me) that I thought I would pass along. 

OMB added a a new element to the core compliance requirements to alert auditors and program officials as to whether the reporting requirements of the Transparency Act apply to a particular program. The compliance supplement also explains that, at the current time, “this reporting at the program level may be “Not Applicable” for several different reasons: (1) there are no subawards under the program; (2) the program is exempt from this requirement because it is ARRA-funded; or (3) the program is other than a grant or cooperative agreement program. In the latter case, this designation may change once additional types of financial assistance are made subject to the Transparency Act’s reporting requirements.”

Also, when determining compliance with Recovery Act reporting requirements, auditors are only required to test for compliance with basic information such as the CFDA number and financial information such as expenditures. While the number of jobs created or retained is a required data element for Recovery Act reporting, OMB specifically says that the auditor is not required to test this data.

Feel free to post to our blog with anything else you may find of interest in the new Compliance Supplement.

Finally, the Office of Management and Budget has released the 2011 Circular A-133 audit guidance document.

As usual, new programs have been added, other programs have been deleted, and individual program descriptions have been updated. In addition, OMB has added guidance and references relating to Transparency Act reporting, and clarified reporting requirements and auditors’ responsibilities relating to Recovery Act funding.

Watch this blog for additional information in the future. In the meantime, go here to view or download the Compliance Supplement.

Enjoy!

Grant recipients (both pass-through entities and subrecipients) may want to take note of an interesting item in OMB’s recent guidance on implementation of the Improper Payments Elimination and Recovery Act (PL 111-204).

OMB says that for grant programs, agencies must consider payment recapture audits at the grant recipient level. “Federal agencies should work with state and local governments to ensure that they have enough resources to conduct payment recapture audits (for example, through direct funding, allowable administrative expenses, or contingency contracts),” OMB writes. It continues, “[G]enerally, federal agencies should not look to pass-through entities for repayment of improper payments identified by payment recapture audits for funds they pass-through until repayment has been made by the sub-recipient or the final payee.”

On this last point, I think it’s important to note that OMB is only referring to monies that were identified in recapture audits.

How agencies will implement this memo remains to be seen, but I thought some might find OMB’s take on the matter interesting.

You can view the complete OMB memo guidance here.

So are we.

Nearly two months ago I wrote in this blog that OMB might be close to meeting its goal of releasing the 2011 Circular A-133 Compliance Supplement by the end of March. But it’s now May and OMB has yet to publish the annual audit guidance.

In fact, at the recent National Grants Management Association annual conference, OMB’s Gil Tran said it might be “several weeks” before the document is released. This would put the publication date well into mid- or late May.  Auditors, grantees. and federal program personnel who rely on the guidance — which will be effective for audits of fiscal years beginning after June 30, 2010 — will have to wait a little longer.

Keep watching this post for further information. You can also learn more about A-133 audit developments and other grants management issues at Management Concepts’ Federal Grants Update seminar. Click here for more on the topics, dates, locations, and registration information.

This week Congress will vote on a continuing resolution to fund the federal government for the remainder of the current fiscal year. I’ve been looking at the proposal and noticed a few things that might be of interest to grants professionals.

First, while the theme of transparency and accountability grow, Congress is planning to slash funding for electronic government initiatives by about 75 percent. This would impact sites such as USAspending.gov where the public has access to information about federal aid recipients. With only $8 million to spend on e-gov, federal officials would have to make some tough choices about which transparency sites to maintain and which ones to shut down or scale back.

The second interesting tidbit is that the funding proposal would implement an across-the-board cut for all non-defense programs, but agencies would still have discretion over the funding levels for many of their individual programs.

Finally, one of the federal government’s innovation efforts is being de-funded. The Partnership Fund for Program Integrity Innovation would be zeroed out, with only enough funding to cover the projects OMB already committed to. This initiative, originally funded $34 million, was intended to support innovative programs that promoted efficiency and cooperation among federal agencies and states, local governments , and nonprofit organizations.

So, those are my first thoughts on this massive spending package for FY 11. Anyone else have comments they would like to share?

Just about an hour ago, OMB issued guidance to agencies about how to prepare for a federal government shutdown. I haven’t had a chance to read through the whole thing yet, but I thought it important to let everyone know as soon as possible.

The memo is available here.

I’ll pass along any other information I come across as soon as possible.

According to a recent post on the Grants.gov blog, the installation of new hardware and software at the Central Contractor Registry has caused a severe processing backlog.

Both new CCR registrants and those looking to renew their current registration are being affected. Although the technical problems at CCR  have been resolved, there is still a backlog and the delay could impact an entity’s ability to submit a timely grant application through Grants.gov.

Applicants experiencing delays are encouraged to contact the relevant federal awarding agency for guidance.

President Obama recently issued a memo to federal agencies that, in my opinion, could have a significant impact on grants management practices and policies.

In the memo, entitled Administrative Flexibility , Obama focused on two areas: coordination and collaboration efforts lead by OMB, and agency streamlining.

Two of the directives to OMB could be especially significant for entities involved in grants management. Obama directs the office to “review and where appropriate revise guidance concerning cost principles, burden minimizations, and audits for state, local, and tribal governments” in order to eliminate unnecessary, unduly burdensome, duplicative, or low-priority recordkeeping requirements.

OMB is also directed to work with agencies that administer overlapping programs and collaborate with state, local, and tribal governments to standardize, streamline, and reduce reporting and planning requirements.

Agencies’ efforts must focus on identifying regulatory and administrative requirements that can be streamlined, reduced, or eliminated, and specifying where and how increased flexibility could be provided to produce the same or better program outcomes at lower cost.

There are no timeframes established in the memo, so we don’t know when agencies or OMB will undertake these efforts.

But I think it will be interesting to see the final results.

What do you think?