2011 US Code
Title 31 - Money and Finance
Subtitle V - GENERAL ASSISTANCE ADMINISTRATION (§§ 6101 - 7701)
Chapter 61 - PROGRAM INFORMATION (§§ 6101 - 6106)
Section 6101 - Definitions
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 31 - MONEY AND FINANCE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 31 - MONEY AND FINANCE SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION CHAPTER 61 - PROGRAM INFORMATION Sec. 6101 - Definitions |
Contains | section 6101 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Short Titles | Government Funding Transparency Act of 2008 |
Source Credit | Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1000; Pub. L. 98-169, §§1(1), 3(a), Nov. 29, 1983, 97 Stat. 1113; Pub. L. 99-547, §2(b)(2), Oct. 27, 1986, 100 Stat. 3060; Pub. L. 103-272, §4(f)(1)(S), July 5, 1994, 108 Stat. 1362; Pub. L. 104-287, §6(a)(1), Oct. 11, 1996, 110 Stat. 3398. |
Presidential Document Number References | Executive Order 12549 |
Statutes at Large References | 91 Stat. 1615 96 Stat. 1000 97 Stat. 1113 100 Stat. 3060 107 Stat. 285 108 Stat. 1362, 3327 110 Stat. 3398 113 Stat. 1486 118 Stat. 814 120 Stat. 1186 122 Stat. 2387, 4557 123 Stat. 2408 124 Stat. 4375 |
Public Law References | Public Law 95-220, Public Law 97-258, Public Law 98-169, Public Law 99-547, Public Law 103-62, Public Law 103-272, Public Law 103-355, Public Law 104-287, Public Law 106-107, Public Law 107-347, Public Law 108-271, Public Law 109-282, Public Law 110-252, Public Law 110-417, Public Law 111-84, Public Law 111-383 |
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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 section 551(1) of title 5.
(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.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1000; Pub. L. 98–169, §§1(1), 3(a), Nov. 29, 1983, 97 Stat. 1113; Pub. L. 99–547, §2(b)(2), Oct. 27, 1986, 100 Stat. 3060; Pub. L. 103–272, §4(f)(1)(S), July 5, 1994, 108 Stat. 1362; Pub. L. 104–287, §6(a)(1), Oct. 11, 1996, 110 Stat. 3398.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6101(1) | 31:1701(4). | Dec. 28, 1977, Pub. L. 95–220, §2, 91 Stat. 1615. |
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.
Amendments1996—Par. (4)(B). Pub. L. 104–287 made technical amendment to directory language of Pub. L. 103–272. See 1994 Amendment note below.
1994—Par. (4)(B). Pub. L. 103–272, as amended by Pub. L. 104–287, substituted “agency.” for “agency” at end.
1986—Par. (4)(B). Pub. L. 99–547 substituted “assistance from an agency for an agency” for “a department, agency, or instrumentality of the Government.”
1983—Pars. (5), (6). Pub. L. 98–169, §1(1), added pars. (5) and (6).
Par. (7). Pub. L. 98–169, §3(a), added par. (7).
Effective Date of 1996 AmendmentSection 6(a) of Pub. L. 104–287 provided that the amendment made by that section is effective July 5, 1994.
Short Title of 2008 AmendmentPub. L. 110–252, title VI, §6201, June 30, 2008, 122 Stat. 2387, provided that: “This chapter [chapter 2 (§§6201, 6202) of title VI of Pub. L. 110–252, enacting and amending provisions set out as notes under this section] may be cited as the ‘Government Funding Transparency Act of 2008’.”
Role of Interagency Committee on Debarment and SuspensionPub. L. 110–417, [div. A], title VIII, §873, Oct. 14, 2008, 122 Stat. 4557, as amended by Pub. L. 111–383, div. A, title X, §1075(e)(16), Jan. 7, 2011, 124 Stat. 4375, provided that:
“(a)
“(1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings;
“(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; and
“(C) a summary of each agency's activities and accomplishments in the Governmentwide debarment system.
“(b)
Pub. L. 110–252, title VI, §6202(b), June 30, 2008, 122 Stat. 2387, provided that: “The Director of the Office of Management and Budget shall promulgate regulations to implement the amendment made by this chapter [amending Pub. L. 109–282, set out below]. Such regulations shall include a definition of ‘total compensation’ that is consistent with regulations of the Securities and Exchange Commission at section 402 of part 229 of title 17 of the Code of Federal Regulations (or any subsequent regulation).”
Pub. L. 109–282, Sept. 26, 2006, 120 Stat. 1186, as amended by Pub. L. 110–252, title VI, §6202(a), June 30, 2008, 122 Stat. 2387, provided that:
“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)
“(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.
“(2)
“(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.
“(3)
“(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.
“(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 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. [; and]
“(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; and
“(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).
“(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)
“Nothing in this Act shall require the disclosure of classified information.
“SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTING REQUIREMENT.“Not later than January 1, 2010, the Comptroller General shall submit to Congress a report on compliance with this Act.”
Federal Financial Assistance Management ImprovementPub. L. 106–107, Nov. 20, 1999, 113 Stat. 1486, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814, provided that:
“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Federal Financial Assistance Management Improvement Act of 1999’.
“SEC. 2. FINDINGS.“Congress finds that—
“(1) there are over 600 different Federal financial assistance programs to implement domestic policy;
“(2) while the assistance described in paragraph (1) has been directed at critical problems, some Federal administrative requirements may be duplicative, burdensome or conflicting, thus impeding cost-effective delivery of services at the local level;
“(3) the Nation's State, local, and tribal governments and private, nonprofit organizations are dealing with increasingly complex problems which require the delivery and coordination of many kinds of services; and
“(4) streamlining and simplification of Federal financial assistance administrative procedures and reporting requirements will improve the delivery of services to the public.
“SEC. 3. PURPOSES.“The purposes of this Act are to—
“(1) improve the effectiveness and performance of Federal financial assistance programs;
“(2) simplify Federal financial assistance application and reporting requirements;
“(3) improve the delivery of services to the public; and
“(4) facilitate greater coordination among those responsible for delivering such services.
“SEC. 4. DEFINITIONS.“In this Act:
“(1)
“(2)
“(3)
“(4)
“(5)
“(6)
“(A) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;
“(B) is not organized primarily for profit; and
“(C) uses net proceeds to maintain, improve, or expand the operations of the organization.
“(7)
“(8)
“(9)
“(a)
“(1) streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency;
“(2) demonstrates active participation in the interagency process under section 6(a)(2);
“(3) demonstrates appropriate agency use, or plans for use, of the common application and reporting system developed under section 6(a)(1);
“(4) designates a lead agency official for carrying out the responsibilities of the agency under this Act;
“(5) allows applicants to electronically apply for, and report on the use of, funds from the Federal financial assistance program administered by the agency;
“(6) ensures recipients of Federal financial assistance provide timely, complete, and high quality information in response to Federal reporting requirements; and
“(7) in cooperation with recipients of Federal financial assistance, establishes specific annual goals and objectives to further the purposes of this Act and measure annual performance in achieving those goals and objectives, which may be done as part of the agency's annual planning responsibilities under the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285) [see Short Title of 1993 Amendment note set out under section 1101 of this title].
“(b)
“(c)
“(1)
“(2)
“(d)
“(a)
“(1) a common application and reporting system, including—
“(A) a common application or set of common applications, wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies;
“(B) a common system, including electronic processes, wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; and
“(C) uniform administrative rules for Federal financial assistance programs across different Federal agencies; and
“(2) an interagency process for addressing—
“(A) ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities;
“(B) improved interagency and intergovernmental coordination of information collection and sharing of data pertaining to Federal financial assistance programs, including appropriate information sharing consistent with section 552a of title 5, United States Code; and
“(C) improvements in the timeliness, completeness, and quality of information received by Federal agencies from recipients of Federal financial assistance.
“(b)
“(c)
“(d)
“(e)
“(f)
“(a)
“(b)
“(1) assess the effectiveness of this Act in meeting the purposes of this Act and make specific recommendations to further the implementation of this Act;
“(2) evaluate actual performance of each agency in achieving the goals and objectives stated in agency plans; and
“(3) assess the level of coordination among the Director, Federal agencies, State, local, and tribal governments, and nonprofit organizations in implementing this Act.
“SEC. 8. COLLECTION OF INFORMATION.“Nothing in this Act shall be construed to prevent the Director or any Federal agency from gathering, or to exempt any recipient of Federal financial assistance from providing, information that is required for review of the financial integrity or quality of services of an activity assisted by a Federal financial assistance program.
“SEC. 9. JUDICIAL REVIEW.“There shall be no judicial review of compliance or noncompliance with any of the provisions of this Act. No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action.
“SEC. 10. STATUTORY REQUIREMENTS.“Nothing in this Act shall be construed as a means to deviate from the statutory requirements relating to applicable Federal financial assistance programs.
“SEC. 11. EFFECTIVE DATE AND SUNSET.“This Act shall take effect on the date of the enactment of this Act [Nov. 20, 1999] and shall cease to be effective 8 years after such date of enactment.”
Uniform Suspension, Debarment or Exclusion From Procurement or Nonprocurement ActivityPub. L. 103–355, title II, §2455, Oct. 13, 1994, 108 Stat. 3327, as amended by Pub. L. 111–84, div. A, title VIII, §815, Oct. 28, 2009, 123 Stat. 2408, provided that:
“(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 41 U.S.C. 104]), except that in the case of a contract for commercial items, such term includes only first-tier subcontracts.
“(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 section 103 of title 5, United States Code.”
Transfer of Personnel, Property, Records, and AppropriationsSection 7 of Pub. L. 98–169 provided that: “The Director of the Office of Management and Budget shall transfer to the Administrator of General Services such personnel, property, records, and unexpended balances of appropriations available in connection with any authorities and responsibilities so transferred, as the Director of the Office of Management and Budget determines are necessary to carry out the responsibilities transferred pursuant to this Act [enacting sections 6105 and 6106 of this title, amending sections 6101 to 6104 of this title and repealing section 6105 of this title].”
Ex. Ord. No. 12549. Debarment and Suspension of Participants in Federal ProgramsEx. 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 SuspensionEx. 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.
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