Federal Funding Accountability and Transparency Act Reporting Requirements

1. U.S. Department of Education Risk Management Service Federal Funding Accountability and Transparency Act Reporting Requirements Guidance for Grantees

2. Transparency Act Overview • Federal Funding Accountability and Transparency Act • AKA: FFATA • Signed into law September 6, 2006; amended in ‘08 • Purpose: To empower every American with the ability • to hold the government accountable for each spending • decision by allowing them to track the awarding of • Federal funds www.ffata.org/ffata/ffataact.html

3. New Reporting Requirements • Took effect on October 1, 2010 • Are located in 2 CFR Part 170 • Guidance included with Grant Award Notification (GAN) • Awarding agencies reports grantee information • Requires grantees to report the following data to the • FFATA Subaward Reporting System (FSRS) for posting • on USASpending.gov: • Grantee Subaward information • Compensation of their top five most highly • compensated executives

4. SubawardReporting • Grantees are required to report their subawards and compensation of their, and their subawardees’, top executives if they were: • Awarded funds by ED on or after October 1, • 2010 (“Award Date” is reflected in box #10 of the • GAN) • Awarded $25,000 or more • initial award • subsequent modification (i.e., grant • supplements)

5. Executive Compensation Reporting • Grantees are required to report their, and their subawardees’, Executive Compensation data if: • In the previous fiscal year, they received Federal financial • assistance and procurement contracts or subcontracts • that totaled • 80% or more of their annual gross revenue; and • $25 million or more in annual gross revenue; and • Thepublic does NOT have access to their executive • compensation data through reports filed • w/SEC & IRS.

6. Executive Compensation Reporting • Grantees that meet the previous FY financial and public filing conditions are required to provide the following • data on their, and their subawardees’, five most highly compensated executives: • Names • Total Compensation

7. SubawardReporting • If a grantee made subawards, it is a prime awardee and responsible for reporting its subawards, and its subawardees’ executive compensation data. • Prime Awardees must: • Register with FSRS • During registration, their data will pre-populate from • Central Contractor Registration System (CCR) • Encourage subawardees to register with CCR • Their data will pre-populate in FSRS • Adhere to FSRS reporting requirements and schedule

8. Reporting Schedule • FSRS reporting requirement for prime awardees and subawardees began on October 1, 2010. • Prime awardees must report their first tiersubgrantees • data by the end of the following month from • when the award was made or obligated. For example… If the award is made on October 15, 2010 then the Prime Awardee must report by November 30, 2010

9. Data Elements • Reporting system (FSRS) Pre-populates prime awardee and • subawardee information from the CCR. Prime awardees • enter following sub-award information if not pre-populated: • Name of entity receiving award • DBA name (Grants) • Amount of award • Subcontract/Subcontract Number • Funding agency

10. Data Elements • CFDA Number (Grants) • NAICS (Contracts) • Treasury Account Symbol • Award title descriptive • Location of the entity (including congressional district) • Place of performance (including congressional district) • Unique identifier (e.g., DUNS) of the entity and its parent and • DUNS +4 (Grants) • Total compensation and names of top five executives

11. Reporting Exemptions • Grantees are NOT required to report Subaward Data and Executive Compensation Data if they: • Are Recovery Act (ARRA) grantees • Were awarded their grant prior to October 1, 2010 • Received an award less than $25,000 for the entireperiod • of award • Had gross income less than $300,000 in the previous tax year • Risk disclosing classified information • Individuals who apply for, or receive Federal awards as natural persons are exempt from FFATA reporting requirements.

12. Understanding Subawards • Only grantees that receive funds from discretionary and formula programs that require or permit subawarding, where the responsibility for the subaward’s programmatic decision making lies with the subawardee, are required to comply with FFATA subaward reporting requirements.

13. Meeting the Definition • The following funding instruments are not considered subawardsunder FFATA if the grantee maintains programmatic decision-making responsibilities under each of these funding instruments: • Contracts • Small purchase agreements • Vendor agreements • Consultant agreements

14. ED Compliance Policy • Program staff must ensure grantee compliance with FFATA reporting requirements by: • Ensuring that the appropriate FFATA grant term is • included with Grant Award Notifications: • Attachment O - Executive Compensation Reporting • Will automatically generate in GAPS/G5 for all ED grant programs • Attachment P - SubawardReporting • Will automatically generate in GAPS/G5 for only those grant programs that permit or require subawarding • Reminding grantees of their reporting requirement • during monitoring

15. Subgrantee Compliance • For their Subgrantees, Prime Grantees should… • Inform potential subgrantees of the need toestablish and provide the prime grantee with their DUNS • number • NOT make subaward to an eligible subgranteewithout • having their DUNS number • Review Attachment W of the GAN

16. Summary of Duties If executive compensation is not found in CCR it can be supplied through FSRS

17. Resources • FFATA.org • FSRS.gov • FSRS Help Desk: 1-866-606-8220 • Central Contractor Registration—ccr.gov • USASpending.gov • Dun & Bradstreet: 1-866–705–5711 or fedgov.dnb.com/webform • whitehouse.gov/omb/open • Securities and Exchange Act of 1934 • Federal Technology Transfer Act of 1986

18. Resources • G5 Hotline: • Hours of Operation: 8:00 AM to 6:00 PM, Monday-Friday, EST • Toll-Free: 1-888-336-8930 • TTY: 1-866-697-2696 • Local: 202-401-6238 • Email: edcaps.user@ed.gov