CHAPTER 61 —PROGRAM INFORMATION
Editorial Notes
Amendments
1983—
§6101. Definitions
In this chapter—
(1) "administering office" means the lowest unit of an agency responsible for managing a domestic assistance program.
(2) "agency" has the same meaning given that term in
(3) "assistance"—
(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—
(i) financial assistance;
(ii) United States Government facilities, services, and property; and
(iii) expert and technical information; and
(B) does not include conventional public information services or procurement of property or services for the direct benefit or use of the Government.
(4) "domestic assistance program"—
(A) means assistance from an agency for—
(i) a State;
(ii) the District of Columbia;
(iii) a territory or possession of the United States;
(iv) a county;
(v) a city;
(vi) a political subdivision or instrumentality of a governmental authority listed in subclauses (i)–(v) of this clause (A);
(vii) a domestic corporation;
(viii) a domestic institution; and
(ix) an individual of the United States; and
(B) does not include assistance from an agency for an agency.
(5) "Director" means the Director of the Office of Management and Budget.
(6) "Administrator" means the Administrator of General Services.
(7) "formula" means any prescribed method employing objective data or statistical estimates for making individual determinations among recipients of Federal funds, either in terms of eligibility or actual funding allocations, that can be written in the form of either—
(A) a closed mathematical statement; or
(B) an iterative procedure or algorithm which can be written as a computer program;
and from which the results can be objectively replicated, within reasonable limits due to rounding error, through independent application of such statement, procedures, or algorithm, by different qualified individuals.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6101(1) | 31:1701(4). | Dec. 28, 1977, |
| 6101(2) | 31:1701(2). | |
| 6101(3) | 31:1701(1). | |
| 6101(4) | 31:1701(3). |
In the section, the word "Federal" is omitted as unnecessary.
In clause (1), the word "unit" is substituted for "subdivision" for consistency in the revised title. The words "direct operational" are omitted as unnecessary.
In clause (3)(A), the words "money, property, services, or" are omitted as being included in "anything of value". The word "for" is substituted for "the principal purpose of which is to accomplish" to eliminate unnecessary words. In subclause (i), the words "grants, loans, loan guarantees, scholarships, mortgage loans, insurance or other types of" are omitted as being included in "financial assistance". In subclause (ii), the word "goods" is omitted as being included in "property". The words "and service activities of regulatory agencies" are omitted as being included in "services". In subclause (iii), the words "expert and technical information" are substituted for "technical assistance, and counseling, statistical and other expert information" to eliminate unnecessary words.
In clause (3)(B), the words "or procurement of property or services for the direct benefit or use of the Government" are added for consistency in subtitle V of the revised title.
In clause (4)(A), the words "or benefits" are omitted as being included in "assistance". Subclause (ii) is included for consistency in the revised title because the District of Columbia is stated when a provision is meant to apply to the District. In subclause (vi), the word "grouping" is omitted as being included in "political subdivision or instrumentality". In subclauses (vii)–(ix), the words "profit or nonprofit" are omitted as surplus. In subclause (ix), the words "individual of the United States" are substituted for "domestic . . . individual" for clarity.
Editorial Notes
Amendments
1996—Par. (4)(B).
1994—Par. (4)(B).
1986—Par. (4)(B).
1983—Pars. (5), (6).
Par. (7).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Short Title of 2022 Amendment
Short Title of 2021 Amendment
Short Title of 2014 Amendment
Short Title of 2008 Amendment
Grant Transparency
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Grant Transparency Act of 2023'.
"SEC. 2. NOTICES OF FUNDING OPPORTUNITY TRANSPARENCY.
"(a)
"(1)
"(A) has the meaning given the term 'Executive agency' in
"(B) does not include the Government Accountability Office.
"(2)
"(A) through a grant agreement or cooperative agreement under which the agency makes payment in cash or in kind to a recipient to carry out a public purpose authorized by law; and
"(B) the recipient of which is selected from a pool of applicants through the use of merit-based selection procedures for the purpose of allocating funds authorized under a grant program of the agency.
"(3)
"(4)
"(5)
"(A) means a system of evaluation of competitive grant applications to determine how such applications advance through the selection process; and
"(B) includes—
"(i) a merit criteria rating rubric;
"(ii) an evaluation of merit criteria;
"(iii) a methodology to evaluate and rate based on a point scale; and
"(iv) an evaluation to determine whether a competitive grant application meets evaluation or selection criteria.
"(b)
"(1) a description of any rating system and evaluation and selection criteria the agency uses to assess applications for the competitive grant;
"(2) a statement of whether the agency uses a weighted scoring method and a description of any weighted scoring method the agency uses for the competitive grant, including the amount by which the agency weights each criterion; and
"(3) any other qualitative or quantitative merit-based approach the agency uses to evaluate an application for the competitive grant.
"(c)
"(1)
"(2)
"(A) the number of applications received; and
"(B) the city and State of each organization that submitted an application.
"(d)
"(e)
"(f)
"(1)
"(2)
Reporting on Use of Funds
"(a) In this section—
"(1) the terms 'agency', 'appropriate congressional committees', 'Committee', 'covered funds', and 'Coronavirus response' have the meanings given those terms in section 15010 [set out as a note under
"(2) the term 'covered recipient'—
"(A) means any entity that receives large covered funds; and
"(B) includes any State, the District of Columbia, and any territory or possession of the United States; and
"(3) the term 'large covered funds' means covered funds that amount to more than $150,000.
"(b)(1)(A) On a monthly basis until September 30, 2021, each agency shall report to the Director of the Office of Management and Budget, the Bureau of Fiscal Service in the Department of the Treasury, the Committee, and the appropriate congressional committees on any obligation or expenditure of large covered funds, including loans and awards.
"(B) Not later than 90 days after the date of enactment of this Act [Mar. 27, 2020], each agency shall submit to the Committee a plan describing how the agency will use covered funds.
"(2) Not later than 10 days after the end of each calendar quarter, each covered recipient shall submit to the agency and the Committee a report that contains—
"(A) the total amount of large covered funds received from the agency;
"(B) the amount of large covered funds received that were expended or obligated for each project or activity;
"(C) a detailed list of all projects or activities for which large covered funds were expended or obligated, including—
"(i) the name of the project or activity;
"(ii) a description of the project or activity; and
"(iii) the estimated number of jobs created or retained by the project or activity, where applicable; and
"(D) detailed information on any level of subcontracts or subgrants awarded by the covered recipient or its subcontractors or subgrantees, to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 [
"(3) Not later than 30 days after the end of each calendar quarter, the Committee, in consultation with the agency that made large covered funds available to any covered recipient shall make the information in reports submitted under paragraph (2) publicly available by posting the information on the website established under section 15010(g).
"(4)(A) Each agency, in coordination with the Committee and the Director of the Office of Management and Budget shall provide user-friendly means for covered recipients to meet requirements of this subsection.
"(B) Federal agencies may use existing mechanisms to ensure that information under this subsection is reported accurately.
"(c)(1) The Director of the Office of Management and Budget, in consultation with the Secretary of the Treasury, the Administrator of the Small Business Administration, and the Chairperson of the Council of Economic Advisors, shall submit to the appropriate congressional committees and publicly release on the website established under section 15010(g) quarterly reports that detail the impact of programs funded through large covered funds on employment, estimated economic growth, and other key economic indicators, including information about impacted industries.
"(2)(A) The first report submitted under paragraph (1) shall be submitted not later than 45 days after the end of the first full quarter following the date of enactment of this Act.
"(B) The last report required to be submitted under paragraph (1) shall apply to the quarter in which the Committee terminates."
Exemption From Certain Reporting Requirements for Certain Agricultural Producers
"(a)
"(1) a conservation program under title II [see Tables for classification] or a law amended by title II;
"(2) an indemnity or disease control program under the Animal Health Protection Act (
"(3) a commodity program under title I of the Agricultural Act of 2014 (
"(b)
Purposes
"(1) expand the Federal Funding Accountability and Transparency Act of 2006 [
"(2) establish Government-wide data standards for financial data and provide consistent, reliable, and searchable Government-wide spending data that is displayed accurately for taxpayers and policy makers on USASpending.gov (or a successor system that displays the data);
"(3) simplify reporting for entities receiving Federal funds by streamlining reporting requirements and reducing compliance costs while improving transparency;
"(4) improve the quality of data submitted to USASpending.gov by holding Federal agencies accountable for the completeness and accuracy of the data submitted; and
"(5) apply approaches developed by the Recovery Accountability and Transparency Board to spending across the Federal Government."
Requirements and Limitations for Suspension and Debarment Officials of the Department of Defense, the Department of State, and the United States Agency for International Development
"(a)
"(1) There shall be not less than one suspension and debarment official—
"(A) in the case of the Department of Defense, for each of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Defense Logistics Agency;
"(B) for the Department of State; and
"(C) for the United States Agency for International Development.
"(2) A suspension and debarment official under paragraph (1) may not report to or be subject to the supervision of the acquisition office or the Inspector General—
"(A) in the case of the Department of Defense, of either the Department of Defense or the military department or Defense Agency concerned; and
"(B) in the case of the Department of State and the United States Agency for International Development, of the covered agency concerned.
"(3) Each suspension and debarment official under paragraph (1) shall have a staff and resources adequate for the discharge of the suspension and debarment responsibilities of such official.
"(4) Each suspension and debarment official under paragraph (1) shall document the basis for any final decision taken pursuant to a formal referral in accordance with the policies established under paragraph (5).
"(5) Each suspension and debarment official under paragraph (1) shall, in consultation with the General Counsel of the covered agency, establish in writing policies for the consideration of the following:
"(A) Formal referrals of suspension and debarment matters.
"(B) Suspension and debarment matters that are not formally referred.
"(b)
"(c)
Role of Interagency Committee on Debarment and Suspension
"(a)
"(1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings, including with respect to contracts in connection with contingency operations;
"(2) coordinate actions among interested agencies with respect to such action;
"(3) encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment system;
"(4) recommend to the Office of Management and Budget changes to the Government suspension and debarment system and its rules, if such recommendations are approved by a majority of the Interagency Committee;
"(5) authorize the Office of Management and Budget to issue guidelines that implement those recommendations;
"(6) authorize the chair of the Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; and
"(7) submit to Congress an annual report on—
"(A) the progress and efforts to improve the suspension and debarment system;
"(B) member agencies' active participation in the committee's work;
"(C) a summary of each agency's activities and accomplishments in the Governmentwide debarment system; and
"(D) a summary of suspensions, debarments, and administrative agreements during the previous year.
"(b)
"(c)
"(1) The term 'contingency operation' has the meaning given that term in
"(2) The term 'Interagency Committee on Debarment and Suspension' means the committee constituted under sections 4 and 5 of Executive Order No. 12549 [set out below]."
Federal Funding Accountability and Transparency
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Federal Funding Accountability and Transparency Act of 2006'.
"SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIVING FEDERAL FUNDING.
"(a)
"(1)
"(2)
"(A) includes, whether for profit or nonprofit—
"(i) a corporation;
"(ii) an association;
"(iii) a partnership;
"(iv) a limited liability company;
"(v) a limited liability partnership;
"(vi) a sole proprietorship;
"(vii) any other legal business entity;
"(viii) any other grantee or contractor that is not excluded by subparagraph (B) or (C); and
"(ix) any State or locality;
"(B) on and after January 1, 2009, includes any subcontractor or subgrantee; and
"(C) does not include—
"(i) an individual recipient of Federal assistance; or
"(ii) a Federal employee.
"(3)
"(4)
"(A) means Federal financial assistance and expenditures that—
"(i) include grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance;
"(ii) include contracts, subcontracts, purchase orders, task orders, and delivery orders;
"(B) does not include individual transactions below $25,000; and
"(C) before October 1, 2008, does not include credit card transactions.
"(5)
"(6)
"(7)
"(A) search and aggregate Federal funding by any element required by subsection (b)(1);
"(B) ascertain through a single search the total amount of Federal funding awarded to an entity by a Federal award described in paragraph (2)(A)(i), by fiscal year;
"(C) ascertain through a single search the total amount of Federal funding awarded to an entity by a Federal award described in paragraph (2)(A)(ii), by fiscal year; and
"(D) download data included in subparagraph (A) included in the outcome from searches.
"(8)
"(b)
"(1)
"(A) the name of the entity receiving the award;
"(B) the amount of the award;
"(C) information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source, and an award title descriptive of the purpose of each funding action;
"(D) the location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country;
"(E) a unique identifier of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity;
"(F) the names and total compensation of the five most highly compensated officers of the entity if—
"(i) the entity in the preceding fiscal year received—
"(I) 80 percent or more of its annual gross revenues in Federal awards; and
"(II) $25,000,000 or more in annual gross revenues from Federal awards; and
"(ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (
"(G) any other relevant information specified by the Office of Management and Budget.
"(2)
"(3)
"(4)
"(c)
"(1) may use as the source of its data the Federal Procurement Data System, Federal Assistance Award Data System, and Grants.gov, if all of these data sources are searchable through the website and can be accessed in a search on the website required by this Act, provided that the user may—
"(A) specify such search shall be confined to Federal contracts and subcontracts;
"(B) specify such search shall be confined to include grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance;
"(2) shall not be considered in compliance if it hyperlinks to the Federal Procurement Data System website, Federal Assistance Award Data System website, Grants.gov website, or other existing websites, so that the information elements required by subsection (b)(1) cannot be searched electronically by field in a single search;
"(3) shall provide an opportunity for the public to provide input about the utility of the site and recommendations for improvements;
"(4) shall be updated not later than 30 days after the award of any Federal award requiring a posting;
"(5) shall provide for separate searches for Federal awards described in subsection (a) to distinguish between the Federal awards described in subsection (a)(2)(A)(i) and those described in subsection (a)(2)(A)(ii);
"(6) shall have the ability to aggregate data for the categories described in paragraphs (1) through (5) without double-counting data; and
"(7) shall ensure that all information published under this section is available—
"(A) in machine-readable and open formats;
"(B) to be downloaded in bulk; and
"(C) to the extent practicable, for automated processing.
"(d)
"(1)
"(A)
"(i) test the collection and accession of data about subgrants and subcontracts; and
"(ii) determine how to implement a subaward reporting program across the Federal Government, including—
"(I) a reporting system under which the entity issuing a subgrant or subcontract is responsible for fulfilling the subaward reporting requirement; and
"(II) a mechanism for collecting and incorporating agency and public feedback on the design and utility of the website.
"(B)
"(2)
"(A)
"(i) shall ensure that data regarding subawards are disclosed in the same manner as data regarding other Federal awards, as required by this Act; and
"(ii) shall ensure that the method for collecting and distributing data about subawards under clause (i)—
"(I) minimizes burdens imposed on Federal award recipients and subaward recipients;
"(II) allows Federal award recipients and subaward recipients to allocate reasonable costs for the collection and reporting of subaward data as indirect costs; and
"(III) establishes cost-effective requirements for collecting subaward data under block grants, formula grants, and other types of assistance to State and local governments.
"(B)
"(e)
"(f)
"(g)
"(1)
"(2)
"(A) data regarding the usage and public feedback on the utility of the site (including recommendations for improving data quality and collection);
"(B) an assessment of the reporting burden placed on Federal award and subaward recipients; and
"(C) an explanation of any extension of the subaward reporting deadline under subsection (d)(2)(B), if applicable.
"(3)
"SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS.
"(a)
"(b)
"(1)
"(A) for each appropriations account, including an expired or unexpired appropriations account, the amount—
"(i) of budget authority appropriated;
"(ii) that is obligated;
"(iii) of unobligated balances; and
"(iv) of any other budgetary resources;
"(B) from which accounts and in what amount—
"(i) appropriations are obligated for each program activity; and
"(ii) outlays are made for each program activity;
"(C) from which accounts and in what amount—
"(i) appropriations are obligated for each object class; and
"(ii) outlays are made for each object class; and
"(D) for each program activity, the amount—
"(i) obligated for each object class; and
"(ii) of outlays made for each object class.
"(2)
"(A)
"(i) the term 'budget justification materials' means the annual budget justification materials of a Federal agency, or a component of a Federal agency, that are submitted, in conjunction with the budget of the United States Government submitted under
"(ii) the term 'open Government data asset' has the meaning given that term in
"(B)
"(i) shall include any budget justification materials—
"(I) for the second fiscal year beginning after the date of enactment of this paragraph [Sept. 24, 2021], and each fiscal year thereafter; and
"(II) to the extent practicable, that were released for any fiscal year before the date of enactment of this paragraph; and
"(ii) shall not include budget justification materials the disclosure of which is prohibited by law, that are classified, or that are exempt from disclosure under
"(C)
"(i) as an open Government data asset;
"(ii) in a manner that enables users to download individual reports, download all reports in bulk, and download in bulk the results of a search, to the extent practicable; and
"(iii) in a structured data format, to the extent practicable.
"(D)
"(E)
"SEC. 4. DATA STANDARDS.
"(a)
"(1)
"(2)
"(b)
"(1) incorporate widely accepted common data elements, such as those developed and maintained by—
"(A) an international voluntary consensus standards body;
"(B) Federal agencies with authority over contracting and financial assistance; and
"(C) accounting standards organizations;
"(2) incorporate a widely accepted, nonproprietary, searchable, platform-independent computer-readable format;
"(3) include unique identifiers for Federal awards and entities receiving Federal awards that can be consistently applied Government-wide;
"(4) be consistent with and implement applicable accounting principles;
"(5) be capable of being continually upgraded as necessary;
"(6) produce consistent and comparable data, including across program activities; and
"(7) establish a standard method of conveying the reporting period, reporting entity, unit of measure, and other associated attributes.
"(c)
"(1)
"(2)
"(A)
"(B)
"(i)
"(ii)
"(iii)
"(I) each grant of an extension under clause (i); and
"(II) the reasons for granting such an extension.
"(3)
"(d)
"SEC. 5. SIMPLIFYING FEDERAL AWARD REPORTING.
"(a)
"(1) common reporting elements across the Federal Government;
"(2) unnecessary duplication in financial reporting; and
"(3) unnecessarily burdensome reporting requirements for recipients of Federal awards.
"(b)
"(1)
"(A) standardized reporting elements across the Federal Government;
"(B) the elimination of unnecessary duplication in financial reporting; and
"(C) the reduction of compliance costs for recipients of Federal awards.
"(2)
"(A) include a combination of Federal contracts, grants, and subawards, the aggregate value of which is not less than $1,000,000,000 and not more than $2,000,000,000;
"(B) include a diverse group of recipients of Federal awards; and
"(C) to the extent practicable, include recipients who receive Federal awards from multiple programs across multiple agencies.
"(3)
"(4)
"(5)
"(6)
"(A) a description of the data collected under the pilot program, the usefulness of the data provided, and the cost to collect the data from recipients; and
"(B) a discussion of any legislative action required and recommendations for—
"(i) consolidating aspects of Federal financial reporting to reduce the costs to recipients of Federal awards;
"(ii) automating aspects of Federal financial reporting to increase efficiency and reduce the costs to recipients of Federal awards;
"(iii) simplifying the reporting requirements for recipients of Federal awards; and
"(iv) improving financial transparency.
"(7)
"(A) reduce the burden of complying with reporting requirements; and
"(B) simplify the reporting process, including by reducing duplicative reports.
"SEC. 6. ACCOUNTABILITY FOR FEDERAL FUNDING.
"(a)
"(1)
"(A) review a statistically valid sampling of the spending data submitted under this Act by the Federal agency; and
"(B) submit to Congress and make publically available a report assessing the completeness, timeliness, quality, and accuracy of the data sampled and the implementation and use of data standards by the Federal agency.
"(2)
"(A)
"(B)
"(b)
"(1)
"(2)
"(c)
"(1)
"(A) the prevention and reduction of improper payments by Federal agencies; and
"(B) improving efficiency and transparency in Federal spending.
"(2)
"(A) under which the Secretary may provide data from the data analysis center for—
"(i) the purposes set forth under paragraph (1);
"(ii) the identification, prevention, and reduction of waste, fraud, and abuse relating to Federal spending; and
"(iii) use in the conduct of criminal and other investigations; and
"(B) which may require the Federal agency, Inspector General, or Federal law enforcement agency to provide reimbursement to the Secretary for the reasonable cost of carrying out the agreement.
"(3)
"SEC. 7. CLASSIFIED AND PROTECTED INFORMATION.
"Nothing in this Act shall require the disclosure to the public of—
"(1) information that would be exempt from disclosure under
"(2) information protected under
"SEC. 8. NO PRIVATE RIGHT OF ACTION.
"Nothing in this Act shall be construed to create a private right of action for enforcement of any provision of this Act."
Federal Financial Assistance Management Improvement
Uniform Suspension, Debarment or Exclusion From Procurement or Nonprocurement Activity
"(a)
"(b)
"(c)
"(1) The term 'procurement activities' means all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation. Such term includes subcontracts at any tier, other than subcontracts for commercially available off-the-shelf items (as defined in section 35(c) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 431(c)) [now
"(2) The term 'nonprocurement activities' means all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 and the Office of Management and Budget guidelines implementing that order.
"(3) The term 'agency' means an Executive agency as defined in
Transfer of Personnel, Property, Records, and Appropriations
Executive Documents
Ex. Ord. No. 12549. Debarment and Suspension of Participants in Federal Programs
Ex. Ord. No. 12549, Feb. 18, 1986, 51 F.R. 6370, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that:
(b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees.
(c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment.
(a) Follow government-wide criteria and government-wide minimum due process procedures when they act to debar or suspend participants in affected programs.
(b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5.
(c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently.
Ronald Reagan.
Ex. Ord. No. 12689. Debarment and Suspension
Ex. Ord. No. 12689, Aug. 16, 1989, 54 F.R. 34131, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to protect the interest of the Federal Government, to deal only with responsible persons, and to insure proper management and integrity in Federal activities, it is hereby ordered as follows:
(a) "Procurement activities" refers to all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation.
(b) "Nonprocurement activities" refers to all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 [set out above] and the Office of Management and Budget guidelines implementing that order.
(c) "Agency" refers to executive departments and agencies.
(a) To the extent permitted by law and upon resolution of differences and promulgation of final regulations pursuant to section 3 of this order, the debarment, suspension, or other exclusion of a participant in a procurement activity under the Federal Acquisition Regulation, or in a nonprocurement activity under regulations issued pursuant to Executive Order No. 12549, shall have governmentwide effect. No agency shall allow a party to participate in any procurement or nonprocurement activity if any agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in a procurement or nonprocurement activity.
(b) An agency may grant an exception permitting a debarred, suspended, or otherwise excluded party to participate in procurement activities of that agency to the extent exceptions are authorized under the Federal Acquisition Regulation, or to participate in nonprocurement activities of that agency to the extent exceptions are authorized under regulations issued pursuant to Executive Order No. 12549.
(a) The Office of Management and Budget may assist Federal agencies in resolving differences between the provisions contained in the Federal Acquisition Regulation and in regulations issued pursuant to Executive Order No. 12549. The Office of Management and Budget may determine the date of resolution of differences and then shall notify affected agencies of that date.
(b) To implement this order, proposed regulations amending the Federal Acquisition Regulation and the agency regulations issued pursuant to Executive Order No. 12549 shall be published simultaneously within 6 months of the resolution of differences.
(c) Final regulations shall be published simultaneously within 12 months of the publication of the proposed regulations, to be effective 30 days thereafter.
George Bush.
§6102. Program information requirements
(a) The Director shall collect and review information on domestic assistance programs and shall provide such information to the Administrator. The information on each domestic assistance program shall include the following:
(1) identification of the program by—
(A) title;
(B) authorizing law;
(C) administering office; and
(D) an identifying number assigned by the Director.
(2) a description of the—
(A) program;
(B) objectives of the program;
(C) types of activities financed under the program;
(D) eligibility requirements;
(E) types of assistance;
(F) uses, and restrictions on the use, of assistance;
(G) uses of core-based statistical area (as defined in section 4 of the MAPS Act of 2021) delineations (as chosen from standardized categories of uses determined by the Director), for purposes including prime recipient and subrecipient eligibility for, and distribution of, any Federal service, benefit, or funding; and
(H) duties of recipients under the program.
(3) a specification of each formula governing eligibility for assistance or the distribution of assistance under the program, which shall be described through the use of—
(A) the language used to specify each such formula in the law authorizing the program;
(B) the language used to specify each such formula in any Federal rule promulgated pursuant to the law authorizing the program; or
(C) a mathematical statement which is derived from the language referred to in subparagraphs (A) and (B) of this paragraph;
(4) a description of all data and statistical estimates used to carry out each formula specified pursuant to paragraph (3), and an identification of the sources of such data and estimates;
(5) financial information, including the—
(A) amounts appropriated for the current fiscal year or, if unavailable, the amounts requested by the President and the amounts obligated; and
(B) average amounts of awards made in past years.
(6) identification of information contacts, including the administering office and regional and local offices with their addresses and telephone numbers.
(7) a general description of—
(A) the application requirements and procedures; and
(B) to the extent practical, an estimate of the time required to process the application.
(b) On request of the Director, an agency shall give to the Director current information on all domestic assistance programs administered by the agency. The Director shall be responsible for ensuring that the Administrator incorporates all relevant information received on a regular basis.
(c) The Administrator—
(1) shall ensure that information and catalogs under this chapter are made available to the public at reasonable prices;
(2) may develop information services to assist State and local governments in identifying and obtaining sources of assistance;
(3) shall ensure that the information in the computerized system is made current on a regular basis and that the printed catalog and supplements thereto contain the most current data available at the time of printing; and
(4) shall transmit annually the information compiled under paragraphs (3) and (4) of subsection (a) to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6102(a). | 31:1703(a) | Dec. 28, 1977, |
| 6102(b) | 31:1703(b). | |
| 6102(c) | 31:1704(d), (e). |
In subsection (a), before clause (1), the words in parentheses are omitted as unnecessary because of the restatement. The words "information on domestic assistance programs. The information on each domestic assistance program shall include the following" are substituted for "a Federal Assistance Information Data Base . . . For each Federal domestic assistance program the data base shall" for clarity and consistency. In clause (1)(A), the word "law" is substituted for "statute" for consistency. In clause (2)(H), the word "obligations" is omitted as surplus.
In subsection (c)(1), the word "catalogs" is added for clarity.
In subsection (c)(2), the words "further", "officials", and "Federal" are omitted as unnecessary.
Editorial Notes
References in Text
Section 4 of the MAPS Act of 2021, referred to in subsec. (a)(2)(G), is section 4 of
Amendments
2022—Subsec. (a)(2)(G), (H).
1983—Subsec. (a).
Subsec. (a)(2)(E) to (H).
Subsec. (a)(3) to (7).
Subsec. (b).
Subsec. (c).
Subsec. (c)(3).
Subsec. (c)(4).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (c)(4) of this section relating to annually transmitting information to certain committees of Congress, see section 3003 of
Findings
"(1) Federal programs use core-based statistical area delineations to determine the delivery of Federal services, benefits, and funding to people in the United States, such as in criteria for eligibility or distribution.
"(2) Core-based statistical area delineations provide a nationally consistent set of standards for collecting, tabulating, and publishing Federal statistics for geographic areas, and they are not intended for any public or private sector non-statistical uses such as program administration or service delivery.
"(3) Updates to core-based statistical area delineations may cause widespread disruption to the delivery of Federal services, benefits, and funding to people in the United States based on the reliance of Federal programs on these delineations.
"(4) There does not exist any comprehensive list of Federal programs that rely on core-based statistical area delineations. Such a list is valuable for the study of how Federal services, benefits, and funding are distributed to people in the United States.
"(5) Increased transparency on the impacts of any update to core-based statistical area delineations may be overly burdensome due to the anticipated variety of Federal programs that rely on these delineations. Any requirement for complete disclosure of these impacts prior to implementation of new delineations may unintentionally cause the existing delineations to ossify.
"(6) In order to prevent any disruption to service delivery of Federal programs based on updates to core-based statistical area delineations, and ensure the independence of Federal statistical policymaking, Congress must sever the link between future updates to core-based statistical area delineations and any automatic impact on Federal programs that rely on these delineations."
[For definition of "core-based statistical area" as used in section 2 of
Purpose of Pub. L. 117–219
"(1) transparency in how core-based statistical area delineations are used in domestic assistance programs; and
"(2) independence of the Office of Management and Budget in establishing and updating core-based statistical area delineations."
[For definitions of "core-based statistical area" and "domestic assistance program" as used in section 3 of
Content Requirements
"(1) whether the most current core-based statistical area delineation has been affirmatively adopted pursuant to
"(2) which historical core-based statistical area delineation was maintained, in cases where an updated delineation has not been affirmatively adopted pursuant to
"(3) what purpose the core-based statistical area delineation serves, including—
"(A) to determine eligibility for any Federal service, benefit, or funding;
"(B) to determine distribution of any Federal service, benefit, or funding; and
"(C) any other standardized category of purpose determined by the Director;
"(4) whether the use of core-based statistical area delineation directly concerns any—
"(A) prime recipient of any Federal service, benefit, or funding; and
"(B) subrecipient of any Federal service, benefit, or funding; and
"(5) the date when the information collected in this subsection was last updated."
[For definitions of "core-based statistical area" and "Director" as used in section 6(b) of
Accessibility Requirements
"(1) publicly accessible as an open Government data asset;
"(2) presented in a user-friendly visual format with search and download capabilities;
"(3) easily discoverable by the public on relevant government websites; and
"(4) updated not less frequently than once every year."
[For definitions of "Director" and "open Government data asset" as used in section 6(c) of
Implementation Timeline
Consolidated Federal Funds Report
Definitions
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
§6102a. Assistance awards information system
(a) The Director shall—
(1) maintain the United States Government assistance awards information system established as a result of the study conducted under section 9 of the Federal Program Information Act; and
(2) update the system on a quarterly basis.
(b) To carry out subsection (a) of this section, the Director—
(1) may delegate the responsibility for carrying out subsection (a) of this section to the head of another executive agency;
(2) shall review a report the head of an agency submits to the Director on the method of carrying out subsection (a) of this section; and
(3) may validate, by appropriate means, the method by which an agency prepares the report.
(c) The Director shall transmit promptly after the end of each calendar quarter, free of charge, the data in the system required by subsection (a) to the Committee on Rules and Administration of the Senate and to the Committee on House Oversight of the House of Representatives.
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6102a | 31 App.:6102(note). | Oct. 15, 1982, |
In subsection (a)(1), the words "operate and" are omitted as surplus. The words "United States Government" are substituted for "Federal" for consistency in the revised title and with other titles of the United States Code. The words "information system" are substituted for "data system" for consistency with 31:6102. The words "by the Director" are omitted as surplus.
In subsection (b)(1), the words "the head of another executive agency" are substituted for "any authority of the executive branch of the Federal Government" for consistency in the revised title and with other titles of the Code.
In subsection (b)(2), the words "the head of" are added for consistency in the revised title and with other titles of the Code.
Editorial Notes
References in Text
Section 9 of the Federal Program Information Act, referred to in subsec. (a)(1), is section 9 of
Amendments
1996—Subsec. (c).
1986—Subsec. (c).
1983—Subsec. (a).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§6103. Access to computer information system
(a) The Administrator shall maintain a computerized information system providing access to—
(1) the information described in paragraphs (1), (2), (5), (6), and (7) of
(2) such portions or summaries, as the Administrator considers appropriate, of the information described in paragraphs (3) and (4) of such section.
(b) To the greatest extent practicable, the Administrator shall provide for the widespread availability of the information by available computer terminals.
(c) When the Administrator decides the efficiency of the information system under subsection (a) of this section requires it, the Administrator may make contracts with private organizations to obtain computer time-sharing services, including—
(1) computer telecommunications networks;
(2) computer software; and
(3) associated services.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6103 | 31:1704(a)–(c). | Dec. 28, 1977, |
In subsection (a), the words "establish and" are omitted as surplus. The word "information" is substituted for "data base" for consistency. The words "described in
In subsection (b), the words "contained in the data base" are omitted as unnecessary.
In subsection (c), the words "notwithstanding another provision of law to the contrary" and "but not limited to" are omitted as unnecessary.
Editorial Notes
Amendments
1983—Subsec. (a).
Subsecs. (b), (c).
§6104. Catalog of Federal domestic assistance programs
(a) The Administrator shall prepare and publish each year a catalog of domestic assistance programs.
(b) In a form selected by the Administrator, the catalog shall contain—
(1)(A) all substantive information on domestic assistance programs that, at the time the catalog is prepared, is in the system under paragraphs (1), (2), (5), (6), and (7) of
(B) such portions or summaries, as the Administrator considers appropriate, of the information on domestic assistance programs that, at the time the catalog is prepared, is in the system under paragraphs (3) and (4) of
(2) information the Administrator decides may be helpful to a potential applicant for or beneficiary of assistance; and
(3) a detailed index.
(c) When the Administrator decides it is necessary, the Administrator shall prepare and publish—
(1) supplements to the catalog; and
(2) specialized compilations by function of information in the catalog.
(d) The Administrator may distribute a catalog without cost to each—
(1) member of Congress;
(2) department, agency, and instrumentality of the United States Government;
(3) State;
(4) general purpose unit of a local government;
(5) Indian tribe recognized by the United States Government;
(6) depository library of Government publications; and
(7) depository designated by the Administrator.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6104(a) | 31:1705(a). | Dec. 28, 1977, |
| 6104(b) | 31:1705(d). | |
| 6104(c) | 31:1705(b), (c). | |
| 6104(d) | 31:1705(e). |
In subsection (a), the words in parentheses are omitted as unnecessary.
In subsection (b)(1), the word "Federal" is omitted as unnecessary. The words "system under
In subsection (d), before clause (1), the text of 31:1705(e)(1) is omitted as unnecessary because of section 6102(c) of the revised title. The words "The Director" are added for clarity and consistency. The words "member of Congress" are substituted for "Members of Congress, Delegates, Resident Commissioners" for consistency. In clause (6), the words "depository library of United States Government publications" are substituted for "Federal deposit libraries" as being more precise. In clause (7), the word "depository" is substituted for "other local repositories" for clarity and to eliminate unnecessary words.
Editorial Notes
Amendments
1983—Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsecs. (b)(2), (c), (d).
§6105. Oversight responsibility of Director
The Director shall have oversight responsibility for the exercise of all authorities and responsibilities in this chapter not specifically assigned to the Director.
(Added
Editorial Notes
Prior Provisions
A prior section 6105,
§6106. Authorization of appropriations
After October 1, 1983, there may be appropriated to the Administrator such sums as may be necessary to carry out the responsibilities of this chapter.