Grants Blog

Posts Tagged ‘DATA Act’

Earlier this year there was a flurry of activity and far-ranging discussion surrounding a new DATA Act, legislation that would impose strict new reporting requirements on federal agencies and grant recipients.

But what happened to that proposed measure?

Apparently, it has died in the Senate.

During a Sunday morning talk show, Rep. Darrell Issa, the bill’s primary sponsor in the House, was discussing the Republican agenda when he said “we want to be jobs and the economy,” Issa said. “The Data Act passed unanimously out of the House, and it’s died in the Senate. That would bring greater transparency and accountability and save money. We have those issues we’re working on.”

If the measure does see any action in the Senate, we’ll let you know.

With the buzzwords “accountability” and “transparency” cited over and over, the House yesterday approved the DATA Act, a measure that would impose strict new reporting requirements on federal agencies and grant recipients.

Recipients would have to report at least quarterly on receipt and use of federal funds. Similarly, federal agencies would have to report at least quarterly on all obligations and expenditures of federal funds. The Treasury Department would also report federal agency obligations and expenditures, and all of this information would be identified by program, budget category, or other Treasury account number so that it could all be easily compared.

An interesting provision in this legislation is that it would not waive the reporting requirements for entities that receive small awards; only certain individuals would be exempt.

The House also attempted to put some teeth behind the measure by allowing federal agencies to impose penalties of up to $250,000 on recipients who fail to meet the reporting requirements. To enforce agency reporting, OMB would be directed to issue guidance requiring compliance with the new act.

The Data Accountability and Transparency Act (HR 2146) would also create a new oversight panel, the Federal Accountability and Spending Transparency Commission. This commission would have extensive power. For example, it would establish reporting deadlines, specify the data elements and the format of reports, and issue guidance to federal agencies and recipients on compliance with the new law.

Also, rather than repealing the Federal Funding Accountability and Transparency Act, as was originally proposed in the House bill, the measure that members approved yesterday would amend that legislation by aligning it with the new reporting and transferring control over FFATA reporting and USAspending.gov from OMB to the new council.

A companion measure was introduced in the Senate earlier this year, but is still awaiting action in the Committee on Homeland Security and Governmental Affairs.

I picked up some very interesting information about the DATA Act at last week’s NGP webcast.

According to Cornelia Chebinou (NGP co-chair and the director of NASACT’s Washington, DC office) The legislation that will eventually be debated on the full House floor will be significantly different than the measure that came out of the House committee. The House is using a “manager’s amendment” to make significant changes to the bill. There were few details on what the changes would be, but one thing that was mentioned was the fact that the bill will no longer repeal FFATA.

Also, bill sponsor Rep. Darrell Issa asked Majority Leader Rep. Eric Cantor to bring it to House floor as soon as possible once the amendment is done. The Senate has said it won’t act on the bill until it sees what comes out of the House.

So we might have a case of wait, wait, wait, and then some very swift action.

Just as a reminder, the DATA Act in its current form would require all recipients of grants, loans and contracts (with some exceptions for small-dollar recipients), as well as federal agencies to provide transaction information about those awards at least quarterly. A new Federal Accountability and Spending Transparency Board would set the standards for the data and would compile, analyze and publish the information.