On June 22, 2009, the Office of Management and Budget (OMB) issued guidance on the reporting requirements for recipients of federal funds under the American Recovery and Reinvestment Act of 2009 (ARRA).  This guidance provides important information for any company, nonprofit organization, state or local government, or Indian tribe that has applied or is considering applying for federal grants or loans under ARRA.

In this Update, we provide an overview of the key issues addressed in OMB's new guidance, including why the guidance has been issued; what programs are covered; who must report; what the reports must include; when the reports must be filed; and how to file the reports.

Why Has This Guidance Been Issued?

The new guidance implements Section 1512 of ARRA (Section 1512), which requires all recipients of ARRA grants and loans to submit detailed quarterly reports.  The reports must document the funds received, funds spent, jobs created or retained, and other information.  Section 1512 directed OMB to provide "user-friendly means" for meeting these requirements.  By issuing the guidance, the OMB is carrying out its responsibilities under Section 1512. 

What Programs Are Covered?

The reporting requirements apply to a wide range of ARRA programs, including grants, loans, tribal agreements, cooperative agreements and other financial assistance programs.  As an attachment to the guidance, OMB has posted on its Web site a comprehensive list of federal programs subject to these reporting requirements.

The guidance lists several programs to which these requirements do not apply.  The requirements do not apply to (1) federal contract awards, (2) payments to individuals, except for payments to sole proprietorships, (3) loan guarantees, except for 100% guaranteed loans that are fully financed through the Federal Financing Bank, and (4) tax or entitlement programs for individuals.

Who Must Report?

The reporting requirements apply to "recipients" and "sub-recipients" of federal funds under the covered programs.  The guidance includes definitions of both terms:

  • Recipients are "entities, other than individuals, that receive Recovery Act funding as Federal awards in the form of a grant, cooperative agreement, or loan directly from the Federal government." 
  • Sub-recipients are "non-Federal entities that are awarded Recovery [Act] funding through a legal instrument from the prime recipient to support the performance of any portion of the substantive project or program for which the prime recipient received the Recovery [Act] funding." 

The guidance distinguishes "sub-recipients" from "vendors."  While recipients and sub-recipients must report certain payments to vendors, the vendors themselves are not required to submit reports.  A key distinction between sub-recipients and vendors is that the terms and conditions of the federal award are carried forward to the sub-recipient, but not to the vendor.

The recipient (sometimes called the "prime recipient" in the guidance) is "ultimately responsible" for ensuring that the required reporting requirements are met, but it may delegate certain reporting requirements to the sub-recipients. 

What Must The Reports Include?

The guidance identifies the "data elements" that must be included in reports filed by recipients and sub-recipients under Section 1512.  Reports must include, among other things:

  • the total amount of ARRA funds received and the amount spent, including all payments to vendors and sub-recipients;
  • a list, description and status of all projects and activities funded under ARRA;
  • estimates on the number of jobs created or retained through the use of ARRA t funds; and
  • the names and compensation of the top five officers of the recipient or sub-recipient. 

In addition, in the case of vendors receiving payments of $25,000 or more, recipients and sub-recipients must report the DUNS number of the vendor, the amount of payment and a description of the services or goods purchased.  A DUNS number is a unique nine-digit identification number issued by Dun & Bradstreet.  All federal contractors and grantees are required to have a DUNS number.  The number can be obtained, without charge, from the D&B web site.   

Reports are submitted on a quarterly basis.  For each required data element, each quarterly report must include a cumulative total for the entire period of the funding agreement. 

More detailed information about the information that is required in the reports can be found in a supplemental document, the Recipient Reporting Data Model, which is posted on OMB's Web site along with the guidance.

When Must The Reports Be Filed?

Reports must be submitted by no later than the 10th day after the end of each calendar quarter, with October 10, 2009 as the first reporting deadline.  Extensions of reporting deadlines may be granted on a case-by-case basis, but only in "extraordinary circumstances."  The reporting requirement takes effect in the first quarter in which an award is made and remains in effect until all of the awarded funds have been received and expended.   

After reports are submitted, the recipient and sub-recipient have 10 days to perform a "data quality review."  After that period has ended, the federal agency that provided the funds will then have seven days to review the data.  After the federal agency has completed its review, the data are made available to the public.  Section 1512 requires that all reports be made available to the public no later than the 30th day after the end of each quarter.  Therefore, the first round of reports will be publicly available no later than October 30, 2009.

How Are The Reports Filed?

OMB has established a single, government-wide Web portal, www.FederalReporting.gov.  All reports submitted under Section 1512 must be filed through this portal.  Individual agencies are prohibited from establishing alternative agency-specific means for submitting the reports. 

To file reports through www.FederalReporting.gov, recipients and sub-recipients must first register as authorized users of that site.  Although registration is not yet available, OMB has committed in the guidance that the registration function will be available no later than August 26, 2009. 

OMB encourages prompt registration, because the process for completing registration may take several weeks.  Registration will involve obtaining a DUNS number, registering with the Central Contractor Registration (CCR) database, and then registering with www.Federal.Reporting.gov  itself.  The guidance provides detailed instructions for completing these steps.

How Will The Reports Be Made Public?

Section 1512 requires federal agencies to make the reports publicly available by posting them on a Web site within 30 days after the end of the calendar quarter that the report covers.  OMB will meet this requirement by posting all of the reports on www.Recovery.gov. 

What Are Some Of The Potential Pitfalls?

The guidance recognizes that there is the potential risk of "double-counting"—when reports are submitted by both recipients and sub-recipients for the same award, or when reports are submitted by different offices or units within a single organization.  OMB emphasizes that recipients and sub-recipients have the responsibility for establishing procedures to avoid double-counting and, more generally, to ensure the accuracy of the data that they submit. 

What Are The Consequences Of Noncompliance With The Reporting Requirements?

Awarding agencies can withhold, suspend or terminate payment of funds for noncompliance with the reporting requirements by prime recipients and sub-recipients.  The guidance also points out that in some cases, intentional reporting of false information can result in civil and/or criminal penalties.

What Other Reporting Requirements Apply?

The guidance only addresses the reporting requirements established in Section 1512.  A recipient or sub-recipient that is reporting under Section 1512 may also be subject to other reporting requirements under other sections of ARRA or under other laws.  It is the responsibility of each recipient or sub-recipient to understand the full range of applicable reporting requirements, including any program- or agency-specific requirements.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.