Title 31 — Money and Finance — § 6101. Definitions
Summary
These pages of the United States Code, Title 31—Money and Finance open Subtitle V on general assistance administration with chapter 61, Program Information, and its § 6101 Definitions. The section defines an administering office as the lowest unit of an agency responsible for managing a domestic assistance program, and assistance as the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States. The long statutory notes that follow reproduce federal spending-transparency provisions, including the Federal Funding Accountability and Transparency Act’s single searchable website and the Digital Accountability and Transparency Act of 2014. They also set out Executive Order No. 12549, which gives debarment, suspension and exclusion from federal procurement and nonprocurement activities governmentwide effect.
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Page 507 TITLE 31—MONEY AND FINANCE § 6101
ages, supervises, or directs an Internet SUBTITLE V—GENERAL
website at which unlawful bets or wagers
may be placed, received, or otherwise made,
ASSISTANCE ADMINISTRATION
or at which unlawful bets or wagers are of- Chap. Sec.
fered to be placed, received, or otherwise 61. Program Information ......................... 6101
made. 62. Consolidated Federal Funds Re-
(d) LIMITATION ON INJUNCTIONS AGAINST REGU- port ...................................................... 6201
LATED PERSONS.—Notwithstanding any other 63. Using Procurement Contracts and
provision of this section, and subject to section Grant and Cooperative Agree-
5367, no provision of this subchapter shall be ments .................................................. 6301
construed as authorizing the Attorney General 64. Data standards for grant report-
of the United States, or the attorney general (or ing 1 ..................................................... 6401
other appropriate State official) of any State to 65. Intergovernmental Cooperation ..... 6501
institute proceedings to prevent or restrain a re- 67. Federal payments 1 ............................. 6701
stricted transaction against any financial trans- 69. Payment for Entitlement Land ....... 6901
action provider, to the extent that the person is 71. Joint Funding Simplification .......... 7101
acting as a financial transaction provider. 73. Administering Block Grants ............ 7301
75. Requirements for Single Audits ...... 7501
(Added Pub. L. 109–347, title VIII, § 802(a), Oct. 13, 77. Access to information for debt col-
2006, 120 Stat. 1959.) lection 1 ............................................... 7701
Editorial Notes Editorial Notes
REFERENCES IN TEXT
AMENDMENTS
Rule 65 of the Federal Rules of Civil Procedure, re-
2019—Pub. L. 116–103, § 4(b), Dec. 30, 2019, 133 Stat.
ferred to in subsec. (b)(1)(B), (2)(B), is set out in the Ap-
3270, added item for chapter 64.
pendix to Title 28, Judiciary and Judicial Procedure.
1996—Pub. L. 104–134, title III, § 31001(i)(3)(B), Apr. 26,
The Indian Gaming Regulatory Act, referred to in
1996, 110 Stat. 1321–365, which directed that the table of
subsec. (b)(3), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat.
chapters for subtitle VI of this title be amended by in-
2467, which is classified principally to chapter 29 (§ 2701
serting a new item for chapter 77 ‘‘Access to informa-
et seq.) of Title 25, Indians. Section 4 of the Act is
tion for debt collection’’ before the item for chapter 91,
classsified to section 2703 of Title 25. For complete clas-
was executed to the table of chapters for subtitle V of
sification of this Act to the Code, see Short Title note
this title by substituting ‘‘Access to information for
set out under section 2701 of Title 25 and Tables.
debt collection’’ for ‘‘Loan Requirements’’ in item for
§ 5366. Criminal penalties chapter 77, to reflect the probable intent of Congress.
1994—Pub. L. 103–322, title III, § 31002, Sept. 13, 1994,
(a) IN GENERAL.—Any person who violates sec- 108 Stat. 1882, added item for chapter 67.
tion 5363 shall be fined under title 18, imprisoned Pub. L. 103–272, § 4(f)(1)(Y)(ii), July 5, 1994, 108 Stat.
for not more than 5 years, or both. 1363, added item for chapter 77.
(b) PERMANENT INJUNCTION.—Upon conviction 1986—Pub. L. 99–547, § 2(c), Oct. 27, 1986, 100 Stat. 3060,
added item for chapter 62.
of a person under this section, the court may Pub. L. 99–272, title XIV, § 14001(b)(1), Apr. 7, 1986, 100
enter a permanent injunction enjoining such Stat. 328, struck out item for chapter 67 ‘‘Revenue
person from placing, receiving, or otherwise Sharing’’.
making bets or wagers or sending, receiving, or 1984—Pub. L. 98–502, § 2(c), Oct. 19, 1984, 98 Stat. 2334,
inviting information assisting in the placing of added item for chapter 75.
bets or wagers.
CHAPTER 61—PROGRAM INFORMATION
(Added Pub. L. 109–347, title VIII, § 802(a), Oct. 13,
2006, 120 Stat. 1961.) Sec.
6101. Definitions.
§ 5367. Circumventions prohibited 6102. Program information requirements.
6102a. Assistance awards information system.
Notwithstanding section 5362(2), a financial 6103. Access to computer information system.
transaction provider, or any interactive com- 6104. Catalog of Federal domestic assistance pro-
puter service or telecommunications service, grams.
may be liable under this subchapter if such per- 6105. Oversight responsibility of Director.
son has actual knowledge and control of bets 6106. Authorization of appropriations.
and wagers, and—
(1) operates, manages, supervises, or directs Editorial Notes
an Internet website at which unlawful bets or AMENDMENTS
wagers may be placed, received, or otherwise
1983—Pub. L. 98–169, § 6, Nov. 29, 1983, 97 Stat. 1115,
made, or at which unlawful bets or wagers are added items 6105 and 6106, and struck out item 6105
offered to be placed, received, or otherwise ‘‘Authorization of appropriations’’.
made; or Pub. L. 97–452, § 1(23)(B), Jan. 12, 1983, 96 Stat. 2478,
(2) owns or controls, or is owned or con- added item 6102a.
trolled by, any person who operates, manages,
supervises, or directs an Internet website at § 6101. Definitions
which unlawful bets or wagers may be placed, In this chapter—
received, or otherwise made, or at which un- (1) ‘‘administering office’’ means the lowest
lawful bets or wagers are offered to be placed, unit of an agency responsible for managing a
received, or otherwise made. domestic assistance program.
(Added Pub. L. 109–347, title VIII, § 802(a), Oct. 13,
2006, 120 Stat. 1961.) 1 So in original. Probably should be capitalized.
§ 6101 TITLE 31—MONEY AND FINANCE Page 508
(2) ‘‘agency’’ has the same meaning given In clause (1), the word ‘‘unit’’ is substituted for ‘‘sub-
that term in section 551(1) of title 5. division’’ for consistency in the revised title. The words
(3) ‘‘assistance’’— ‘‘direct operational’’ are omitted as unnecessary.
(A) means the transfer of anything of In clause (3)(A), the words ‘‘money, property, serv-
ices, or’’ are omitted as being included in ‘‘anything of
value for a public purpose of support or
value’’. The word ‘‘for’’ is substituted for ‘‘the principal
stimulation authorized by a law of the purpose of which is to accomplish’’ to eliminate unnec-
United States, including— essary words. In subclause (i), the words ‘‘grants, loans,
(i) financial assistance; loan guarantees, scholarships, mortgage loans, insur-
(ii) United States Government facilities, ance or other types of’’ are omitted as being included
services, and property; and in ‘‘financial assistance’’. In subclause (ii), the word
(iii) expert and technical information; ‘‘goods’’ is omitted as being included in ‘‘property’’.
and The words ‘‘and service activities of regulatory agen-
cies’’ are omitted as being included in ‘‘services’’. In
(B) does not include conventional public subclause (iii), the words ‘‘expert and technical infor-
information services or procurement of prop- mation’’ are substituted for ‘‘technical assistance, and
erty or services for the direct benefit or use counseling, statistical and other expert information’’
of the Government. to eliminate unnecessary words.
In clause (3)(B), the words ‘‘or procurement of prop-
(4) ‘‘domestic assistance program’’— erty or services for the direct benefit or use of the Gov-
(A) means assistance from an agency for— ernment’’ are added for consistency in subtitle V of the
(i) a State; revised title.
(ii) the District of Columbia; In clause (4)(A), the words ‘‘or benefits’’ are omitted
(iii) a territory or possession of the as being included in ‘‘assistance’’. Subclause (ii) is in-
United States; cluded for consistency in the revised title because the
(iv) a county; District of Columbia is stated when a provision is
(v) a city; meant to apply to the District. In subclause (vi), the
(vi) a political subdivision or instrumen- word ‘‘grouping’’ is omitted as being included in ‘‘polit-
tality of a governmental authority listed ical subdivision or instrumentality’’. In subclauses
in subclauses (i)–(v) of this clause (A); (vii)–(ix), the words ‘‘profit or nonprofit’’ are omitted
(vii) a domestic corporation; as surplus. In subclause (ix), the words ‘‘individual of
(viii) a domestic institution; and the United States’’ are substituted for ‘‘domestic . . .
individual’’ for clarity.
(ix) an individual of the United States;
and
Editorial Notes
(B) does not include assistance from an
agency for an agency. AMENDMENTS
1996—Par. (4)(B). Pub. L. 104–287 made technical
(5) ‘‘Director’’ means the Director of the Of-
amendment to directory language of Pub. L. 103–272.
fice of Management and Budget. See 1994 Amendment note below.
(6) ‘‘Administrator’’ means the Adminis- 1994—Par. (4)(B). Pub. L. 103–272, as amended by Pub.
trator of General Services. L. 104–287, substituted ‘‘agency.’’ for ‘‘agency’’ at end.
(7) ‘‘formula’’ means any prescribed method 1986—Par. (4)(B). Pub. L. 99–547 substituted ‘‘assist-
employing objective data or statistical esti- ance from an agency for an agency’’ for ‘‘a department,
mates for making individual determinations agency, or instrumentality of the Government.’’
among recipients of Federal funds, either in 1983—Pars. (5), (6). Pub. L. 98–169, § 1(1), added pars. (5)
terms of eligibility or actual funding alloca- and (6).
Par. (7). Pub. L. 98–169, § 3(a), added par. (7).
tions, that can be written in the form of ei-
ther—
Statutory Notes and Related Subsidiaries
(A) a closed mathematical statement; or
(B) an iterative procedure or algorithm EFFECTIVE DATE OF 1996 AMENDMENT
which can be written as a computer pro-
Pub. L. 104–287, § 6(a), Oct. 11, 1996, 110 Stat. 3398, pro-
gram; vided that the amendment made by that section is ef-
and from which the results can be objectively fective July 5, 1994.
replicated, within reasonable limits due to SHORT TITLE OF 2022 AMENDMENT
rounding error, through independent applica-
tion of such statement, procedures, or algo- Pub. L. 117–219, § 1, Dec. 5, 2022, 136 Stat. 2271, provided
rithm, by different qualified individuals. that: ‘‘This Act [enacting section 6309 of this title,
amending section 6102 of this title and section 3504 of
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1000; Pub. Title 44, Public Printing and Documents, and enacting
L. 98–169, §§ 1(1), 3(a), Nov. 29, 1983, 97 Stat. 1113; provisions set out as notes under section 6102 of this
Pub. L. 99–547, § 2(b)(2), Oct. 27, 1986, 100 Stat. title] may be cited as the ‘Metropolitan Areas Protec-
3060; Pub. L. 103–272, § 4(f)(1)(S), July 5, 1994, 108 tion and Standardization Act of 2021’ or the ‘MAPS Act
of 2021’.’’
Stat. 1362; Pub. L. 104–287, § 6(a)(1), Oct. 11, 1996,
110 Stat. 3398.) SHORT TITLE OF 2021 AMENDMENT
HISTORICAL AND REVISION NOTES Pub. L. 117–40, § 1, Sept. 24, 2021, 135 Stat. 337, provided
that: ‘‘This Act [amending section 1105 of this title and
Revised
Source (U.S. Code) Source (Statutes at Large) provisions set out as a note under this section] may be
Section cited as the ‘Congressional Budget Justification Trans-
6101(1) ..... 31:1701(4). Dec. 28, 1977, Pub. L. 95–220, parency Act of 2021’.’’
§ 2, 91 Stat. 1615.
6101(2) ..... 31:1701(2). SHORT TITLE OF 2014 AMENDMENT
6101(3) ..... 31:1701(1).
6101(4) ..... 31:1701(3). Pub. L. 113–101, § 1, May 9, 2014, 128 Stat. 1146, provided
that: ‘‘This Act [amending sections 3512 and 3716 of this
In the section, the word ‘‘Federal’’ is omitted as un- title and enacting and amending provisions set out as
necessary. notes under this section] may be cited as the ‘Digital
Page 509 TITLE 31—MONEY AND FINANCE § 6101
Accountability and Transparency Act of 2014’ or the mon reporting by each agency with respect to appli-
‘DATA Act’.’’ cations received in response to each notice of funding
opportunity of the agency.
SHORT TITLE OF 2008 AMENDMENT ‘‘(2) CONTENTS.—The data elements developed under
Pub. L. 110–252, title VI, § 6201, June 30, 2008, 122 Stat. paragraph (1) shall include—
2387, provided that: ‘‘This chapter [chapter 2 (§§ 6201, ‘‘(A) the number of applications received; and
6202) of title VI of Pub. L. 110–252, enacting and amend- ‘‘(B) the city and State of each organization that
ing provisions set out as notes under this section] may submitted an application.
be cited as the ‘Government Funding Transparency Act ‘‘(d) RULE OF CONSTRUCTION.—With respect to a par-
of 2008’.’’ ticular competitive grant, nothing in this Act shall be
construed to supersede any requirement with respect to
GRANT TRANSPARENCY a notice of funding opportunity for the competitive
Pub. L. 118–140, Dec. 11, 2024, 138 Stat. 1657, provided grant in a law that authorizes the competitive grant.
‘‘(e) NO ADDITIONAL FUNDS.—No additional funds are
that:
authorized to be appropriated for the purpose of car-
‘‘SECTION 1. SHORT TITLE. rying out this Act.
‘‘This Act may be cited as the ‘Grant Transparency ‘‘(f) EFFECTIVE DATE.—
Act of 2023’. ‘‘(1) IN GENERAL.—This Act shall take effect on the
date that is 120 days after the date of enactment of
‘‘SEC. 2. NOTICES OF FUNDING OPPORTUNITY
this Act [Dec. 11, 2024].
TRANSPARENCY.
‘‘(2) NO RETROACTIVE EFFECT.—This Act shall not
‘‘(a) DEFINITIONS.—In this section: apply to a notice of funding opportunity issued before
‘‘(1) AGENCY.—The term ‘agency’— the date of enactment of this Act [Dec. 11, 2024].’’
‘‘(A) has the meaning given the term ‘Executive
agency’ in section 105 of title 5, United States Code; REPORTING ON USE OF FUNDS
and Pub. L. 116–136, div. B, title V, § 15011, Mar. 27, 2020,
‘‘(B) does not include the Government Account- 134 Stat. 540, provided that:
ability Office. ‘‘(a) In this section—
‘‘(2) COMPETITIVE GRANT.—The term ‘competitive ‘‘(1) the terms ‘agency’, ‘appropriate congressional
grant’ means a discretionary award (as defined in sec- committees’, ‘Committee’, ‘covered funds’, and
tion 200.1 of title 2, Code of Federal Regulations) ‘Coronavirus response’ have the meanings given those
awarded by an agency— terms in section 15010 [set out as a note under section
‘‘(A) through a grant agreement or cooperative 424 of Title 5, Government Organization and Employ-
agreement under which the agency makes payment ees];
in cash or in kind to a recipient to carry out a pub- ‘‘(2) the term ‘covered recipient’—
lic purpose authorized by law; and ‘‘(A) means any entity that receives large covered
‘‘(B) the recipient of which is selected from a pool funds; and
of applicants through the use of merit-based selec- ‘‘(B) includes any State, the District of Columbia,
tion procedures for the purpose of allocating funds and any territory or possession of the United
authorized under a grant program of the agency. States; and
‘‘(3) EVALUATION OR SELECTION CRITERIA.—The term ‘‘(3) the term ‘large covered funds’ means covered
‘evaluation or selection criteria’ means standards or funds that amount to more than $150,000.
principles for judging, evaluating, or selecting an ap- ‘‘(b)(1)(A) On a monthly basis until September 30,
plication for a competitive grant. 2021, each agency shall report to the Director of the Of-
‘‘(4) NOTICE OF FUNDING OPPORTUNITY.—The term fice of Management and Budget, the Bureau of Fiscal
‘notice of funding opportunity’ has the meaning given Service in the Department of the Treasury, the Com-
the term in section 200.1 of title 2, Code of Federal mittee, and the appropriate congressional committees
Regulations. on any obligation or expenditure of large covered funds,
‘‘(5) RATING SYSTEM.—The term ‘rating system’— including loans and awards.
‘‘(A) means a system of evaluation of competitive ‘‘(B) Not later than 90 days after the date of enact-
grant applications to determine how such applica- ment of this Act [Mar. 27, 2020], each agency shall sub-
tions advance through the selection process; and mit to the Committee a plan describing how the agency
‘‘(B) includes— will use covered funds.
‘‘(i) a merit criteria rating rubric; ‘‘(2) Not later than 10 days after the end of each cal-
‘‘(ii) an evaluation of merit criteria; endar quarter, each covered recipient shall submit to
‘‘(iii) a methodology to evaluate and rate based the agency and the Committee a report that contains—
on a point scale; and ‘‘(A) the total amount of large covered funds re-
‘‘(iv) an evaluation to determine whether a ceived from the agency;
competitive grant application meets evaluation ‘‘(B) the amount of large covered funds received
or selection criteria. that were expended or obligated for each project or
‘‘(b) TRANSPARENCY REQUIREMENTS.—Each notice of activity;
funding opportunity issued by an agency for a competi- ‘‘(C) a detailed list of all projects or activities for
tive grant shall include— which large covered funds were expended or obli-
‘‘(1) a description of any rating system and evalua- gated, including—
tion and selection criteria the agency uses to assess ‘‘(i) the name of the project or activity;
applications for the competitive grant; ‘‘(ii) a description of the project or activity; and
‘‘(2) a statement of whether the agency uses a ‘‘(iii) the estimated number of jobs created or re-
weighted scoring method and a description of any tained by the project or activity, where applicable;
weighted scoring method the agency uses for the and
competitive grant, including the amount by which ‘‘(D) detailed information on any level of sub-
the agency weights each criterion; and contracts or subgrants awarded by the covered recipi-
‘‘(3) any other qualitative or quantitative merit- ent or its subcontractors or subgrantees, to include
based approach the agency uses to evaluate an appli- the data elements required to comply with the Fed-
cation for the competitive grant. eral Funding Accountability and Transparency Act of
‘‘(c) APPLICATIONS; DATA ELEMENTS.— 2006 [Pub. L. 109–282] (31 U.S.C. 6101 note) allowing ag-
‘‘(1) IN GENERAL.—The Director of the Office of Man- gregate reporting on awards below $50,000 or to indi-
agement and Budget, in coordination with the Execu- viduals, as prescribed by the Director of the Office of
tive department designated under section 6402(a)(1) of Management and Budget.
title 31, United States Code, shall develop data ele- ‘‘(3) Not later than 30 days after the end of each cal-
ments relating to grant applications to ensure com- endar quarter, the Committee, in consultation with the
§ 6101 TITLE 31—MONEY AND FINANCE Page 510
agency that made large covered funds available to any ‘‘(3) simplify reporting for entities receiving Fed-
covered recipient shall make the information in reports eral funds by streamlining reporting requirements
submitted under paragraph (2) publicly available by and reducing compliance costs while improving
posting the information on the website established transparency;
under section 15010(g). ‘‘(4) improve the quality of data submitted to
‘‘(4)(A) Each agency, in coordination with the Com- USASpending.gov by holding Federal agencies ac-
mittee and the Director of the Office of Management countable for the completeness and accuracy of the
and Budget shall provide user-friendly means for cov- data submitted; and
ered recipients to meet requirements of this sub- ‘‘(5) apply approaches developed by the Recovery
section. Accountability and Transparency Board to spending
‘‘(B) Federal agencies may use existing mechanisms across the Federal Government.’’
to ensure that information under this subsection is re-
REQUIREMENTS AND LIMITATIONS FOR SUSPENSION AND
ported accurately.
DEBARMENT OFFICIALS OF THE DEPARTMENT OF DE-
‘‘(c)(1) The Director of the Office of Management and
FENSE, THE DEPARTMENT OF STATE, AND THE UNITED
Budget, in consultation with the Secretary of the
STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Treasury, the Administrator of the Small Business Ad-
ministration, and the Chairperson of the Council of Pub. L. 112–239, div. A, title VIII, § 861, Jan. 2, 2013, 126
Economic Advisors, shall submit to the appropriate Stat. 1857, provided that:
congressional committees and publicly release on the ‘‘(a) REQUIREMENTS.—Not later than 180 days after the
website established under section 15010(g) quarterly re- date of the enactment of this Act [Jan. 2, 2013], the
ports that detail the impact of programs funded head of the covered agency concerned shall ensure the
through large covered funds on employment, estimated following:
economic growth, and other key economic indicators, ‘‘(1) There shall be not less than one suspension and
including information about impacted industries. debarment official—
‘‘(2)(A) The first report submitted under paragraph (1) ‘‘(A) in the case of the Department of Defense, for
shall be submitted not later than 45 days after the end each of the Department of the Army, the Depart-
of the first full quarter following the date of enactment ment of the Navy, the Department of the Air Force,
of this Act. and the Defense Logistics Agency;
‘‘(B) The last report required to be submitted under ‘‘(B) for the Department of State; and
paragraph (1) shall apply to the quarter in which the ‘‘(C) for the United States Agency for Inter-
Committee terminates.’’ national Development.
‘‘(2) A suspension and debarment official under
EXEMPTION FROM CERTAIN REPORTING REQUIREMENTS paragraph (1) may not report to or be subject to the
FOR CERTAIN AGRICULTURAL PRODUCERS supervision of the acquisition office or the Inspector
General—
Pub. L. 115–334, title I, § 1707, Dec. 20, 2018, 132 Stat.
‘‘(A) in the case of the Department of Defense, of
4529, provided that:
either the Department of Defense or the military
‘‘(a) DEFINITION OF EXEMPTED PRODUCER.—In this sec-
department or Defense Agency concerned; and
tion, the term ‘exempted producer’ means an individual
‘‘(B) in the case of the Department of State and
or entity that is eligible to participate in—
the United States Agency for International Devel-
‘‘(1) a conservation program under title II [see Ta-
opment, of the covered agency concerned.
bles for classification] or a law amended by title II; ‘‘(3) Each suspension and debarment official under
‘‘(2) an indemnity or disease control program under paragraph (1) shall have a staff and resources ade-
the Animal Health Protection Act (7 U.S.C. 8301 et quate for the discharge of the suspension and debar-
seq.) or the Plant Protection Act (7 U.S.C. 7701 et ment responsibilities of such official.
seq.); or ‘‘(4) Each suspension and debarment official under
‘‘(3) a commodity program under title I of the Agri- paragraph (1) shall document the basis for any final
cultural Act of 2014 (7 U.S.C. 9011 et seq.), excluding decision taken pursuant to a formal referral in ac-
the assistance provided to users of cotton under sec- cordance with the policies established under para-
tions 1207(c) and 1208 of that Act (7 U.S.C. 9037(c), graph (5).
9038). ‘‘(5) Each suspension and debarment official under
‘‘(b) EXEMPTION.—Notwithstanding the Federal Fund- paragraph (1) shall, in consultation with the General
ing Accountability and Transparency Act of 2006 (Pub- Counsel of the covered agency, establish in writing
lic Law 109–282; 31 U.S.C. 6101 note), the requirements of policies for the consideration of the following:
parts 25 and 170 of title 2, Code of Federal Regulations ‘‘(A) Formal referrals of suspension and debar-
(or successor regulations), shall not apply with respect ment matters.
to assistance received by an exempted producer from ‘‘(B) Suspension and debarment matters that are
the Secretary [of Agriculture], acting through the not formally referred.
Chief of the Natural Resources Conservation Service, ‘‘(b) DUTIES OF INTERAGENCY COMMITTEE ON DEBAR-
the Administrator of the Animal and Plant Health In- MENT AND SUSPENSION.—[Amended section 873 of Pub. L.
spection Service, or the Administrator of the Farm 110–417, set out below.]
Service Agency.’’ ‘‘(c) COVERED AGENCY.—In this section, the term ‘cov-
ered agency’ means the Department of Defense, the De-
PURPOSES
partment of State, and the United States Agency for
Pub. L. 113–101, § 2, May 9, 2014, 128 Stat. 1146, provided International Development.’’
that: ‘‘The purposes of this Act [see Short Title of 2014
Amendment note above] are to— ROLE OF INTERAGENCY COMMITTEE ON DEBARMENT AND
‘‘(1) expand the Federal Funding Accountability SUSPENSION
and Transparency Act of 2006 [Pub. L. 109–282] (31 Pub. L. 110–417, [div. A], title VIII, § 873, Oct. 14, 2008,
U.S.C. 6101 note) by disclosing direct Federal agency 122 Stat. 4557, as amended by Pub. L. 111–383, div. A,
expenditures and linking Federal contract, loan, and title X, § 1075(e)(16), Jan. 7, 2011, 124 Stat. 4375; Pub. L.
grant spending information to programs of Federal 112–239, div. A, title VIII, § 861(b), Jan. 2, 2013, 126 Stat.
agencies to enable taxpayers and policy makers to 1858, provided that:
track Federal spending more effectively; ‘‘(a) REQUIREMENT.—The Interagency Committee on
‘‘(2) establish Government-wide data standards for Debarment and Suspension shall—
financial data and provide consistent, reliable, and ‘‘(1) resolve issues regarding which of several Fed-
searchable Government-wide spending data that is eral agencies is the lead agency having responsibility
displayed accurately for taxpayers and policy makers to initiate suspension or debarment proceedings, in-
on USASpending.gov (or a successor system that dis- cluding with respect to contracts in connection with
plays the data); contingency operations;
Page 511 TITLE 31—MONEY AND FINANCE § 6101
‘‘(2) coordinate actions among interested agencies ‘‘(B) on and after January 1, 2009, includes any
with respect to such action; subcontractor or subgrantee; and
‘‘(3) encourage and assist Federal agencies in enter- ‘‘(C) does not include—
ing into cooperative efforts to pool resources and ‘‘(i) an individual recipient of Federal assist-
achieve operational efficiencies in the Government- ance; or
wide suspension and debarment system; ‘‘(ii) a Federal employee.
‘‘(4) recommend to the Office of Management and ‘‘(3) FEDERAL AGENCY.—The term ‘Federal agency’
Budget changes to the Government suspension and has the meaning given the term ‘Executive agency’
debarment system and its rules, if such recommenda- under section 105 of title 5, United States Code.
tions are approved by a majority of the Interagency ‘‘(4) FEDERAL AWARD.—The term ‘Federal award’—
Committee; ‘‘(A) means Federal financial assistance and ex-
‘‘(5) authorize the Office of Management and Budget penditures that—
‘‘(i) include grants, subgrants, loans, awards,
to issue guidelines that implement those rec-
cooperative agreements, and other forms of finan-
ommendations;
cial assistance;
‘‘(6) authorize the chair of the Committee to estab-
‘‘(ii) include contracts, subcontracts, purchase
lish subcommittees as appropriate to best enable the
orders, task orders, and delivery orders;
Interagency Committee to carry out its functions; ‘‘(B) does not include individual transactions
and below $25,000; and
‘‘(7) submit to Congress an annual report on— ‘‘(C) before October 1, 2008, does not include credit
‘‘(A) the progress and efforts to improve the sus- card transactions.
pension and debarment system; ‘‘(5) OBJECT CLASS.—The term ‘object class’ means
‘‘(B) member agencies’ active participation in the the category assigned for purposes of the annual
committee’s work; budget of the President submitted under section
‘‘(C) a summary of each agency’s activities and 1105(a) of title 31, United States Code, to the type of
accomplishments in the Governmentwide debar- property or services purchased by the Federal Gov-
ment system; and ernment.
‘‘(D) a summary of suspensions, debarments, and ‘‘(6) PROGRAM ACTIVITY.—The term ‘program activ-
administrative agreements during the previous ity’ has the meaning given that term under section
year. 1115(h) of title 31, United States Code.
‘‘(b) DATE OF SUBMITTAL OF ANNUAL REPORTS.—The ‘‘(7) SEARCHABLE WEBSITE.—The term ‘searchable
annual report required by subsection (a)(7) shall be sub- website’ means a website that allows the public to—
mitted not later than January 31 of each year, begin- ‘‘(A) search and aggregate Federal funding by any
ning with January 31, 2014. element required by subsection (b)(1);
‘‘(c) DEFINITIONS.—In this section: ‘‘(B) ascertain through a single search the total
‘‘(1) The term ‘contingency operation’ has the amount of Federal funding awarded to an entity by
meaning given that term in section 101(a)(13) of title a Federal award described in paragraph (2)(A)(i), by
10, United States Code. fiscal year;
‘‘(2) The term ‘Interagency Committee on Debar- ‘‘(C) ascertain through a single search the total
ment and Suspension’ means the committee con- amount of Federal funding awarded to an entity by
stituted under sections 4 and 5 of Executive Order No. a Federal award described in paragraph (2)(A)(ii),
12549 [set out below].’’ by fiscal year; and
‘‘(D) download data included in subparagraph (A)
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY included in the outcome from searches.
Pub. L. 110–252, title VI, § 6202(b), June 30, 2008, 122 ‘‘(8) SECRETARY.—The term ‘Secretary’ means the
Stat. 2387, provided that: ‘‘The Director of the Office of Secretary of the Treasury.
Management and Budget shall promulgate regulations ‘‘(b) IN GENERAL.—
to implement the amendment made by this chapter ‘‘(1) WEBSITE.—Not later than January 1, 2008, the
[amending Pub. L. 109–282, set out below]. Such regula- Office of Management and Budget shall, in accord-
tions shall include a definition of ‘total compensation’ ance with this section, section 204 of the E-Govern-
that is consistent with regulations of the Securities ment Act of 2002 (Public Law 107–347; 44 U.S.C. 3501
and Exchange Commission at section 402 of part 229 of note), and the Office of Federal Procurement Policy
title 17 of the Code of Federal Regulations (or any sub- Act ([former] 41 U.S.C. 403 [401] et seq.) [now division
sequent regulation).’’ B (except sections 1123, 2303, 2304, and 2313) of subtitle
Pub. L. 109–282, Sept. 26, 2006, 120 Stat. 1186, as amend- I of title 41], ensure the existence and operation of a
ed by Pub. L. 110–252, title VI, § 6202(a), June 30, 2008, 122 single searchable website, accessible by the public at
Stat. 2387; Pub. L. 113–101, § 3, May 9, 2014, 128 Stat. 1146; no cost to access, that includes for each Federal
Pub. L. 117–40, § 2(a), Sept. 24, 2021, 135 Stat. 337, pro- award—
vided that: ‘‘(A) the name of the entity receiving the award;
‘‘(B) the amount of the award;
‘‘SECTION 1. SHORT TITLE. ‘‘(C) information on the award including trans-
‘‘This Act may be cited as the ‘Federal Funding Ac- action type, funding agency, the North American
countability and Transparency Act of 2006’. Industry Classification System code or Catalog of
Federal Domestic Assistance number (where appli-
‘‘SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIV- cable), program source, and an award title descrip-
ING FEDERAL FUNDING. tive of the purpose of each funding action;
‘‘(a) DEFINITIONS.—In this Act: ‘‘(D) the location of the entity receiving the
‘‘(1) DIRECTOR.—The term ‘Director’ means the Di- award and the primary location of performance
rector of the Office of Management and Budget. under the award, including the city, State, congres-
‘‘(2) ENTITY.—The term ‘entity’— sional district, and country;
‘‘(A) includes, whether for profit or nonprofit— ‘‘(E) a unique identifier of the entity receiving
‘‘(i) a corporation; the award and of the parent entity of the recipient,
‘‘(ii) an association; should the entity be owned by another entity;
‘‘(iii) a partnership; ‘‘(F) the names and total compensation of the five
‘‘(iv) a limited liability company; most highly compensated officers of the entity if—
‘‘(v) a limited liability partnership; ‘‘(i) the entity in the preceding fiscal year re-
‘‘(vi) a sole proprietorship; ceived—
‘‘(vii) any other legal business entity; ‘‘(I) 80 percent or more of its annual gross rev-
‘‘(viii) any other grantee or contractor that is enues in Federal awards; and
not excluded by subparagraph (B) or (C); and ‘‘(II) $25,000,000 or more in annual gross reve-
‘‘(ix) any State or locality; nues from Federal awards; and
§ 6101 TITLE 31—MONEY AND FINANCE Page 512
‘‘(ii) the public does not have access to informa- ‘‘(B) TERMINATION.—The pilot program under sub-
tion about the compensation of the senior execu- paragraph (A) shall terminate not later than Janu-
tives of the entity through periodic reports filed ary 1, 2009.
under section 13(a) or 15(d) of the Securities Ex- ‘‘(2) REPORTING OF SUBAWARDS.—
change Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or sec- ‘‘(A) IN GENERAL.—Based on the pilot program
tion 6104 of the Internal Revenue Code of 1986. [; conducted under paragraph (1), and, except as pro-
and] vided in subparagraph (B), not later than January 1,
‘‘(G) any other relevant information specified by 2009, the Director—
the Office of Management and Budget. ‘‘(i) shall ensure that data regarding subawards
‘‘(2) SCOPE OF DATA.—The website shall include data are disclosed in the same manner as data regard-
for fiscal year 2007, and each fiscal year thereafter. ing other Federal awards, as required by this Act;
‘‘(3) DESIGNATION OF AGENCIES.—The Director is au- and
thorized to designate one or more Federal agencies to ‘‘(ii) shall ensure that the method for collecting
participate in the development, establishment, oper- and distributing data about subawards under
ation, and support of the single website. In the initial clause (i)—
designation, or in subsequent instructions and guid- ‘‘(I) minimizes burdens imposed on Federal
ance, the Director may specify the scope of the re- award recipients and subaward recipients;
sponsibilities of each such agency. ‘‘(II) allows Federal award recipients and
‘‘(4) AGENCY RESPONSIBILITIES.—Federal agencies subaward recipients to allocate reasonable costs
shall comply with the instructions and guidance for the collection and reporting of subaward
issued by the Director under paragraph (3), and shall data as indirect costs; and
provide appropriate assistance to the Director upon ‘‘(III) establishes cost-effective requirements
request, so as to assist the Director in ensuring the for collecting subaward data under block
existence and operation of the single website. grants, formula grants, and other types of as-
‘‘(c) WEBSITE.—The website established under this sistance to State and local governments.
section— ‘‘(B) EXTENSION OF DEADLINE.—For subaward re-
‘‘(1) may use as the source of its data the Federal cipients that receive Federal funds through State,
Procurement Data System, Federal Assistance Award local, or tribal governments, the Director may ex-
Data System, and Grants.gov, if all of these data tend the deadline for ensuring that data regarding
sources are searchable through the website and can such subawards are disclosed in the same manner as
be accessed in a search on the website required by data regarding other Federal awards for a period
this Act, provided that the user may— not to exceed 18 months, if the Director determines
‘‘(A) specify such search shall be confined to Fed- that compliance would impose an undue burden on
eral contracts and subcontracts; the subaward recipient.
‘‘(B) specify such search shall be confined to in- ‘‘(e) EXCEPTION.—Any entity that demonstrates to
clude grants, subgrants, loans, awards, cooperative the Director that the gross income, from all sources,
agreements, and other forms of financial assist- for such entity did not exceed $300,000 in the previous
ance; tax year of such entity shall be exempt from the re-
‘‘(2) shall not be considered in compliance if it quirement to report subawards under subsection (d),
hyperlinks to the Federal Procurement Data System until the Director determines that the imposition of
website, Federal Assistance Award Data System such reporting requirements will not cause an undue
website, Grants.gov website, or other existing burden on such entities.
websites, so that the information elements required ‘‘(f) CONSTRUCTION.—Nothing in this Act shall pro-
by subsection (b)(1) cannot be searched electronically hibit the Office of Management and Budget from in-
by field in a single search; cluding through the website established under this sec-
‘‘(3) shall provide an opportunity for the public to tion access to data that is publicly available in any
provide input about the utility of the site and rec- other Federal database.
ommendations for improvements; ‘‘(g) REPORT.—
‘‘(4) shall be updated not later than 30 days after ‘‘(1) IN GENERAL.—The Director shall submit to the
the award of any Federal award requiring a posting; Committee on Homeland Security and Governmental
‘‘(5) shall provide for separate searches for Federal Affairs of the Senate and the Committee on Govern-
awards described in subsection (a) to distinguish be- ment Reform [now Committee on Oversight and Ac-
tween the Federal awards described in subsection countability] of the House of Representatives an an-
(a)(2)(A)(i) and those described in subsection nual report regarding the implementation of the
(a)(2)(A)(ii); website established under this section.
‘‘(6) shall have the ability to aggregate data for the ‘‘(2) CONTENTS.—Each report submitted under para-
categories described in paragraphs (1) through (5) graph (1) shall include—
without double-counting data; and ‘‘(A) data regarding the usage and public feedback
‘‘(7) shall ensure that all information published on the utility of the site (including recommenda-
under this section is available— tions for improving data quality and collection);
‘‘(A) in machine-readable and open formats; ‘‘(B) an assessment of the reporting burden placed
‘‘(B) to be downloaded in bulk; and on Federal award and subaward recipients; and
‘‘(C) to the extent practicable, for automated ‘‘(C) an explanation of any extension of the
processing. subaward reporting deadline under subsection
‘‘(d) SUBAWARD DATA.— (d)(2)(B), if applicable.
‘‘(1) PILOT PROGRAM.— ‘‘(3) PUBLICATION.—The Director shall make each
‘‘(A) IN GENERAL.—Not later than July 1, 2007, the report submitted under paragraph (1) publicly avail-
Director shall commence a pilot program to— able on the website established under this section.
‘‘(i) test the collection and accession of data ‘‘SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS.
about subgrants and subcontracts; and ‘‘(a) IN GENERAL.—Not less frequently than monthly
‘‘(ii) determine how to implement a subaward when practicable, and in any event not less frequently
reporting program across the Federal Govern- than quarterly, the Secretary (in consultation with the
ment, including— Director and, with respect to information described in
‘‘(I) a reporting system under which the enti- subsection (b)(2), the head of the applicable Federal
ty issuing a subgrant or subcontract is respon- agency) shall ensure that updated information with re-
sible for fulfilling the subaward reporting re- spect to the information described in subsection (b) is
quirement; and posted on the website established under section 2.
‘‘(II) a mechanism for collecting and incor- ‘‘(b) INFORMATION TO BE POSTED.—
porating agency and public feedback on the de- ‘‘(1) FUNDS.—For any funds made available to or ex-
sign and utility of the website. pended by a Federal agency or component of a Fed-
Page 513 TITLE 31—MONEY AND FINANCE § 6101
eral agency, the information to be posted shall in- required to be reported by Federal agencies and enti-
clude— ties receiving Federal funds.
‘‘(A) for each appropriations account, including ‘‘(b) REQUIREMENTS.—The data standards established
an expired or unexpired appropriations account, the under subsection (a) shall, to the extent reasonable and
amount— practicable—
‘‘(i) of budget authority appropriated; ‘‘(1) incorporate widely accepted common data ele-
‘‘(ii) that is obligated; ments, such as those developed and maintained by—
‘‘(iii) of unobligated balances; and ‘‘(A) an international voluntary consensus stand-
‘‘(iv) of any other budgetary resources; ards body;
‘‘(B) from which accounts and in what amount— ‘‘(B) Federal agencies with authority over con-
‘‘(i) appropriations are obligated for each pro- tracting and financial assistance; and
gram activity; and ‘‘(C) accounting standards organizations;
‘‘(ii) outlays are made for each program activ- ‘‘(2) incorporate a widely accepted, nonproprietary,
ity; searchable, platform-independent computer-readable
‘‘(C) from which accounts and in what amount— format;
‘‘(i) appropriations are obligated for each object ‘‘(3) include unique identifiers for Federal awards
class; and and entities receiving Federal awards that can be
‘‘(ii) outlays are made for each object class; and consistently applied Government-wide;
‘‘(D) for each program activity, the amount— ‘‘(4) be consistent with and implement applicable
‘‘(i) obligated for each object class; and accounting principles;
‘‘(ii) of outlays made for each object class. ‘‘(5) be capable of being continually upgraded as
‘‘(2) BUDGET JUSTIFICATIONS.— necessary;
‘‘(A) DEFINITIONS.—In this paragraph— ‘‘(6) produce consistent and comparable data, in-
‘‘(i) the term ‘budget justification materials’ cluding across program activities; and
means the annual budget justification materials ‘‘(7) establish a standard method of conveying the
of a Federal agency, or a component of a Federal reporting period, reporting entity, unit of measure,
agency, that are submitted, in conjunction with and other associated attributes.
the budget of the United States Government sub- ‘‘(c) DEADLINES.—
mitted under section 1105(a) of title 31, United ‘‘(1) GUIDANCE.—Not later than 1 year after the date
States Code; and of enactment of the Digital Accountability and
‘‘(ii) the term ‘open Government data asset’ has Transparency Act of 2014 [May 9, 2014], the Director
the meaning given that term in section 3502 of and the Secretary shall issue guidance to Federal
title 44, United States Code. agencies on the data standards established under sub-
‘‘(B) INFORMATION.—The information to be post- section (a).
ed— ‘‘(2) AGENCIES.—
‘‘(i) shall include any budget justification mate- ‘‘(A) IN GENERAL.—Except as provided in subpara-
rials— graph (B), not later than 2 years after the date on
‘‘(I) for the second fiscal year beginning after which the guidance under paragraph (1) is issued,
the date of enactment of this paragraph [Sept. each Federal agency shall report financial and pay-
24, 2021], and each fiscal year thereafter; and ment information data in accordance with the data
‘‘(II) to the extent practicable, that were re- standards established under subsection (a).
leased for any fiscal year before the date of en- ‘‘(B) NONINTERFERENCE WITH AUDITABILITY OF DE-
actment of this paragraph; and PARTMENT OF DEFENSE FINANCIAL STATEMENTS.—
‘‘(ii) shall not include budget justification ma- ‘‘(i) IN GENERAL.—Upon request by the Sec-
terials the disclosure of which is prohibited by retary of Defense, the Director may grant an ex-
law, that are classified, or that are exempt from tension of the deadline under subparagraph (A) to
disclosure under section 552(b) of title 5, United the Department of Defense for a period of not
States Code. more than 6 months to report financial and pay-
‘‘(C) FORMAT.—Budget justification materials ment information data in accordance with the
shall be posted under subparagraph (B)— data standards established under subsection (a).
‘‘(i) as an open Government data asset; ‘‘(ii) LIMITATION.—The Director may not grant
‘‘(ii) in a manner that enables users to more than 3 extensions to the Secretary of De-
download individual reports, download all reports fense under clause (i).
in bulk, and download in bulk the results of a ‘‘(iii) NOTIFICATION.—The Director of the Office
search, to the extent practicable; and of Management and Budget shall notify the Com-
‘‘(iii) in a structured data format, to the extent mittee on Homeland Security and Governmental
practicable. Affairs and the Committee on Armed Services of
‘‘(D) DEADLINE.—The budget justification mate- the Senate and the Committee on Oversight and
rials required to be posted under subparagraph Government Reform [now Committee on Over-
(B)(i) shall be posted not later than 2 weeks after sight and Accountability] and the Committee on
the date on which the budget justification mate- Armed Services of the House of Representatives
rials are first submitted to Congress. of—
‘‘(E) RULE OF CONSTRUCTION.—Nothing in this ‘‘(I) each grant of an extension under clause
paragraph shall be construed to authorize a Federal (i); and
agency, or a component of a Federal agency, to de- ‘‘(II) the reasons for granting such an exten-
stroy any budget justification materials relating to sion.
a fiscal year before the fiscal year described in sub- ‘‘(3) WEBSITE.—Not later than 3 years after the date
paragraph (B)(i). on which the guidance under paragraph (1) is issued,
‘‘SEC. 4. DATA STANDARDS. the Director and the Secretary shall ensure that the
‘‘(a) IN GENERAL.— data standards established under subsection (a) are
‘‘(1) ESTABLISHMENT OF STANDARDS.—The Secretary applied to the data made available on the website es-
and the Director, in consultation with the heads of tablished under section 2.
Federal agencies, shall establish Government-wide fi- ‘‘(d) CONSULTATION.—The Director and the Secretary
nancial data standards for any Federal funds made shall consult with public and private stakeholders in
available to or expended by Federal agencies and en- establishing data standards under this section.
tities receiving Federal funds. ‘‘SEC. 5. SIMPLIFYING FEDERAL AWARD REPORT-
‘‘(2) DATA ELEMENTS.—The financial data standards ING.
established under paragraph (1) shall include common ‘‘(a) IN GENERAL.—The Director, in consultation with
data elements for financial and payment information relevant Federal agencies, recipients of Federal awards,
§ 6101 TITLE 31—MONEY AND FINANCE Page 514
including State and local governments, and institu- ‘‘(A) reduce the burden of complying with report-
tions of higher education (as defined in section 102 of ing requirements; and
the Higher Education Act of 1965 (20 U.S.C. 1002)), shall ‘‘(B) simplify the reporting process, including by
review the information required to be reported by re- reducing duplicative reports.
cipients of Federal awards to identify— ‘‘SEC. 6. ACCOUNTABILITY FOR FEDERAL FUND-
‘‘(1) common reporting elements across the Federal ING.
Government; ‘‘(a) INSPECTOR GENERAL REPORTS.—
‘‘(2) unnecessary duplication in financial reporting; ‘‘(1) IN GENERAL.—In accordance with paragraph (2),
and the Inspector General of each Federal agency, in con-
‘‘(3) unnecessarily burdensome reporting require- sultation with the Comptroller General of the United
ments for recipients of Federal awards. States, shall—
‘‘(b) PILOT PROGRAM.— ‘‘(A) review a statistically valid sampling of the
‘‘(1) ESTABLISHMENT.—Not later than 1 year after spending data submitted under this Act by the Fed-
the date of enactment of the Digital Accountability eral agency; and
and Transparency Act of 2014 [May 9, 2014], the Direc- ‘‘(B) submit to Congress and make publically
tor, or a Federal agency designated by the Director, available a report assessing the completeness, time-
shall establish a pilot program (in this section re- liness, quality, and accuracy of the data sampled
ferred to as the ‘pilot program’) with the participa- and the implementation and use of data standards
tion of appropriate Federal agencies to facilitate the by the Federal agency.
development of recommendations for— ‘‘(2) DEADLINES.—
‘‘(A) standardized reporting elements across the ‘‘(A) FIRST REPORT.—Not later than 18 months
Federal Government; after the date on which the Director and the Sec-
‘‘(B) the elimination of unnecessary duplication retary issue guidance to Federal agencies under
in financial reporting; and section 4(c)(1), the Inspector General of each Fed-
‘‘(C) the reduction of compliance costs for recipi- eral agency shall submit and make publically avail-
ents of Federal awards. able a report as described in paragraph (1).
‘‘(2) REQUIREMENTS.—The pilot program shall— ‘‘(B) SUBSEQUENT REPORTS.—On the same date as
‘‘(A) include a combination of Federal contracts, the Inspector General of each Federal agency sub-
grants, and subawards, the aggregate value of mits the second and fourth reports under sections
which is not less than $1,000,000,000 and not more 3521(f) and 9105(a)(3) of title 31, United States Code,
than $2,000,000,000; that are submitted after the report under subpara-
‘‘(B) include a diverse group of recipients of Fed- graph (A), the Inspector General shall submit and
eral awards; and make publically available a report as described in
‘‘(C) to the extent practicable, include recipients paragraph (1). The report submitted under this sub-
who receive Federal awards from multiple pro- paragraph may be submitted as a part of the report
grams across multiple agencies. submitted under section 3521(f) or 9105(a)(3) of title
‘‘(3) DATA COLLECTION.—The pilot program shall in- 31, United States Code.
clude data collected during a 12-month reporting ‘‘(b) COMPTROLLER GENERAL REPORTS.—
cycle. ‘‘(1) IN GENERAL.—In accordance with paragraph (2)
‘‘(4) REPORTING AND EVALUATION REQUIREMENTS.— and after a review of the reports submitted under
Each recipient of a Federal award participating in subsection (a), the Comptroller General of the United
the pilot program shall submit to the Office of Man- States shall submit to Congress and make publically
agement and Budget or the Federal agency des- available a report assessing and comparing the data
ignated under paragraph (1), as appropriate, any re- completeness, timeliness, quality, and accuracy of
quested reports of the selected Federal awards. the data submitted under this Act by Federal agen-
‘‘(5) TERMINATION.—The pilot program shall termi- cies and the implementation and use of data stand-
nate on the date that is 2 years after the date on ards by Federal agencies.
which the pilot program is established. ‘‘(2) DEADLINES.—Not later than 30 months after the
‘‘(6) REPORT TO CONGRESS.—Not later than 90 days date on which the Director and the Secretary issue
after the date on which the pilot program terminates guidance to Federal agencies under section 4(c)(1),
under paragraph (5), the Director shall submit to the and every 2 years thereafter until the date that is 4
Committee on Homeland Security and Governmental years after the date on which the first report is sub-
Affairs and the Committee on the Budget of the Sen- mitted under this subsection, the Comptroller Gen-
ate and the Committee on Oversight and Government eral of the United States shall submit and make pub-
Reform [now Committee on Oversight and Account- lically available a report as described in paragraph
ability] and the Committee on the Budget of the (1).
House of Representatives a report on the pilot pro- ‘‘(c) RECOVERY ACCOUNTABILITY AND TRANSPARENCY
gram, which shall include— BOARD DATA ANALYSIS CENTER.—
‘‘(A) a description of the data collected under the ‘‘(1) IN GENERAL.—The Secretary may establish a
pilot program, the usefulness of the data provided, data analysis center or expand an existing service to
and the cost to collect the data from recipients; and provide data, analytic tools, and data management
‘‘(B) a discussion of any legislative action re- techniques to support—
quired and recommendations for— ‘‘(A) the prevention and reduction of improper
‘‘(i) consolidating aspects of Federal financial payments by Federal agencies; and
reporting to reduce the costs to recipients of Fed- ‘‘(B) improving efficiency and transparency in
eral awards; Federal spending.
‘‘(ii) automating aspects of Federal financial re- ‘‘(2) DATA AVAILABILITY.—The Secretary shall enter
porting to increase efficiency and reduce the into memoranda of understanding with Federal agen-
costs to recipients of Federal awards; cies, including Inspectors General and Federal law
‘‘(iii) simplifying the reporting requirements enforcement agencies—
for recipients of Federal awards; and ‘‘(A) under which the Secretary may provide data
‘‘(iv) improving financial transparency. from the data analysis center for—
‘‘(7) GOVERNMENT-WIDE IMPLEMENTATION.—Not later ‘‘(i) the purposes set forth under paragraph (1);
than 1 year after the date on which the Director sub- ‘‘(ii) the identification, prevention, and reduc-
mits the report under paragraph (6), the Director tion of waste, fraud, and abuse relating to Federal
shall issue guidance to the heads of Federal agencies spending; and
as to how the Government-wide financial data stand- ‘‘(iii) use in the conduct of criminal and other
ards established under section 4(a) shall be applied to investigations; and
the information required to be reported by entities ‘‘(B) which may require the Federal agency, In-
receiving Federal awards to— spector General, or Federal law enforcement agen-
Page 515 TITLE 31—MONEY AND FINANCE § 6101
cy to provide reimbursement to the Secretary for able off-the-shelf items (as defined in section 35(c) of
the reasonable cost of carrying out the agreement. the Office of Federal Procurement Policy Act
‘‘(3) TRANSFER.—Upon the establishment of a data ([former] 41 U.S.C. 431(c)) [now 41 U.S.C. 104]), except
analysis center or the expansion of a service under that in the case of a contract for commercial prod-
paragraph (1), and on or before the date on which the ucts, such term includes only first-tier subcontracts.
Recovery Accountability and Transparency Board ‘‘(2) The term ‘nonprocurement activities’ means
terminates, and in addition to any other transfer all programs and activities involving Federal finan-
that the Director determines is necessary under sec- cial and nonfinancial assistance and benefits, as cov-
tion 1531 of title 31, United States Code, there are ered by Executive Order No. 12549 and the Office of
transferred to the Department of the Treasury all as- Management and Budget guidelines implementing
sets identified by the Secretary that support the op- that order.
erations and activities of the Recovery Operations ‘‘(3) The term ‘agency’ means an Executive agency
Center of the Recovery Accountability and Trans- as defined in section 103 of title 5, United States
parency Board relating to the detection of waste, Code.’’
fraud, and abuse in the use of Federal funds that are
in existence on the day before the transfer. TRANSFER OF PERSONNEL, PROPERTY, RECORDS, AND
APPROPRIATIONS
‘‘SEC. 7. CLASSIFIED AND PROTECTED INFORMA-
TION. Pub. L. 98–169, § 7, Nov. 29, 1983, 97 Stat. 1115, provided
‘‘Nothing in this Act shall require the disclosure to that: ‘‘The Director of the Office of Management and
the public of— Budget shall transfer to the Administrator of General
‘‘(1) information that would be exempt from disclo- Services such personnel, property, records, and unex-
sure under section 552 of title 5, United States Code pended balances of appropriations available in connec-
(commonly known as the ‘Freedom of Information tion with any authorities and responsibilities so trans-
Act’); or ferred, as the Director of the Office of Management and
‘‘(2) information protected under section 552a of Budget determines are necessary to carry out the re-
title 5, United States Code (commonly known as the sponsibilities transferred pursuant to this Act [enact-
‘Privacy Act of 1974’), or section 6103 of the Internal ing sections 6105 and 6106 of this title, amending sec-
Revenue Code of 1986 [26 U.S.C. 6103]. tions 6101 to 6104 of this title and repealing section 6105
of this title].’’
‘‘SEC. 8. NO PRIVATE RIGHT OF ACTION.
‘‘Nothing in this Act shall be construed to create a Executive Documents
private right of action for enforcement of any provision
of this Act.’’ EX. ORD. NO. 12549. DEBARMENT AND SUSPENSION OF
PARTICIPANTS IN FEDERAL PROGRAMS
FEDERAL FINANCIAL ASSISTANCE MANAGEMENT
IMPROVEMENT Ex. Ord. No. 12549, Feb. 18, 1986, 51 F.R. 6370, provided:
By the authority vested in me as President by the
Pub. L. 106–107, Nov. 20, 1999, 113 Stat. 1486, as amend- Constitution and laws of the United States of America,
ed by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814, and in order to curb fraud, waste, and abuse in Federal
which required Federal agencies to streamline and sim- programs, increase agency accountability, and ensure
plify the application, administrative, and reporting consistency among agency regulations concerning de-
procedures for Federal financial assistance programs, barment and suspension of participants in Federal pro-
ceased to be effective on Nov. 20, 2007. grams, it is hereby ordered that:
SECTION 1. (a) To the extent permitted by law and
UNIFORM SUSPENSION, DEBARMENT OR EXCLUSION FROM
subject to the limitations in Section 1(c), Executive de-
PROCUREMENT OR NONPROCUREMENT ACTIVITY
partments and agencies shall participate in a system
Pub. L. 103–355, title II, § 2455, Oct. 13, 1994, 108 Stat. for debarment and suspension from programs and ac-
3327, as amended by Pub. L. 111–84, div. A, title VIII, tivities involving Federal financial and nonfinancial
§ 815, Oct. 28, 2009, 123 Stat. 2408; Pub. L. 115–232, div. A, assistance and benefits. Debarment or suspension of a
title VIII, § 836(g)(4), Aug. 13, 2018, 132 Stat. 1873, pro- participant in a program by one agency shall have gov-
vided that: ernment-wide effect.
‘‘(a) REQUIREMENT FOR REGULATIONS.—Regulations (b) Activities covered by this Order include but are
shall be issued providing that provisions for the debar- not limited to: grants, cooperative agreements, con-
ment, suspension, or other exclusion of a participant in tracts of assistance, loans, and loan guarantees.
a procurement activity under the Federal Acquisition (c) This Order does not cover procurement programs
Regulation, or in a nonprocurement activity under reg- and activities, direct Federal statutory entitlements or
ulations issued pursuant to Executive Order No. 12549 mandatory awards, direct awards to foreign govern-
[set out below], shall have government-wide effect. No ments or public international organizations, benefits to
agency shall allow a party to participate in any pro- an individual as a personal entitlement, or Federal em-
curement or nonprocurement activity if any agency ployment.
has debarred, suspended, or otherwise excluded (to the SEC. 2. To the extent permitted by law, Executive de-
extent specified in the exclusion agreement) that party partments and agencies shall:
from participation in a procurement or nonprocure- (a) Follow government-wide criteria and government-
ment activity. wide minimum due process procedures when they act to
‘‘(b) AUTHORITY TO GRANT EXCEPTION.—The regula- debar or suspend participants in affected programs.
tions issued pursuant to subsection (a) shall provide (b) Send to the agency designated pursuant to Sec-
that an agency may grant an exception permitting a tion 5 identifying information concerning debarred and
debarred, suspended, or otherwise excluded party to suspended participants in affected programs, partici-
participate in procurement activities of that agency to pants who have agreed to exclusion from participation,
the extent exceptions are authorized under the Federal and participants declared ineligible under applicable
Acquisition Regulation, or to participate in non- law, including Executive Orders. This information shall
procurement activities of that agency to the extent ex- be included in the list to be maintained pursuant to
ceptions are authorized under regulations issued pursu- Section 5.
ant to Executive Order No. 12549. (c) Not allow a party to participate in any affected
‘‘(c) DEFINITIONS.—In this section: program if any Executive department or agency has
‘‘(1) The term ‘procurement activities’ means all debarred, suspended, or otherwise excluded (to the ex-
acquisition programs and activities of the Federal tent specified in the exclusion agreement) that party
Government, as defined in the Federal Acquisition from participation in an affected program. An agency
Regulation. Such term includes subcontracts at any may grant an exception permitting a debarred, sus-
tier, other than subcontracts for commercially avail- pended, or excluded party to participate in a particular
§ 6102 TITLE 31—MONEY AND FINANCE Page 516
transaction upon a written determination by the agen- Regulation, or in a nonprocurement activity under reg-
cy head or authorized designee stating the reason(s) for ulations issued pursuant to Executive Order No. 12549,
deviating from this Presidential policy. However, I in- shall have governmentwide effect. No agency shall
tend that exceptions to this policy should be granted allow a party to participate in any procurement or non-
only infrequently. procurement activity if any agency has debarred, sus-
SEC. 3. Executive departments and agencies shall pended, or otherwise excluded (to the extent specified
issue regulations governing their implementation of in the exclusion agreement) that party from participa-
this Order that shall be consistent with the guidelines tion in a procurement or nonprocurement activity.
issued under Section 6. Proposed regulations shall be (b) An agency may grant an exception permitting a
submitted to the Office of Management and Budget for debarred, suspended, or otherwise excluded party to
review within four months of the date of the guidelines participate in procurement activities of that agency to
issued under Section 6. The Director of the Office of the extent exceptions are authorized under the Federal
Management and Budget may return for reconsider- Acquisition Regulation, or to participate in non-
ation proposed regulations that the Director believes procurement activities of that agency to the extent ex-
are inconsistent with the guidelines. Final regulations ceptions are authorized under regulations issued pursu-
shall be published within twelve months of the date of ant to Executive Order No. 12549.
the guidelines. SEC. 3. Implementation.
SEC. 4. There is hereby constituted the Interagency (a) The Office of Management and Budget may assist
Committee on Debarment and Suspension, which shall Federal agencies in resolving differences between the
monitor implementation of this Order. The Committee provisions contained in the Federal Acquisition Regu-
shall consist of representatives of agencies designated lation and in regulations issued pursuant to Executive
by the Director of the Office of Management and Budg- Order No. 12549. The Office of Management and Budget
et. may determine the date of resolution of differences and
SEC. 5. The Director of the Office of Management and then shall notify affected agencies of that date.
Budget shall designate a Federal agency to perform the (b) To implement this order, proposed regulations
following functions: maintain a current list of all indi- amending the Federal Acquisition Regulation and the
viduals and organizations excluded from program par- agency regulations issued pursuant to Executive Order
ticipation under this Order, periodically distribute the No. 12549 shall be published simultaneously within 6
list to Federal agencies, and study the feasibility of months of the resolution of differences.
automating the list; coordinate with the lead agency (c) Final regulations shall be published simulta-
responsible for government-wide debarment and sus- neously within 12 months of the publication of the pro-
pension of contractors; chair the Interagency Com- posed regulations, to be effective 30 days thereafter.
mittee established by Section 4; and report periodically GEORGE BUSH.
to the Director on implementation of this Order, with
the first report due within two years of the date of the § 6102. Program information requirements
Order.
(a) The Director shall collect and review infor-
SEC. 6. The Director of the Office of Management and
Budget is authorized to issue guidelines to Executive mation on domestic assistance programs and
departments and agencies that govern which programs shall provide such information to the Adminis-
and activities are covered by this Order, prescribe gov- trator. The information on each domestic assist-
ernment-wide criteria and government-wide minimum ance program shall include the following:
due process procedures, and set forth other related de- (1) identification of the program by—
tails for the effective administration of the guidelines. (A) title;
SEC. 7. The Director of the Office of Management and (B) authorizing law;
Budget shall report to the President within three years (C) administering office; and
of the date of this Order on Federal agency compliance (D) an identifying number assigned by the
with the Order, including the number of exceptions
Director.
made under Section 2(c), and shall make such rec-
ommendations as are appropriate further to curb fraud, (2) a description of the—
waste, and abuse. (A) program;
RONALD REAGAN. (B) objectives of the program;
(C) types of activities financed under the
EX. ORD. NO. 12689. DEBARMENT AND SUSPENSION
program;
Ex. Ord. No. 12689, Aug. 16, 1989, 54 F.R. 34131, pro- (D) eligibility requirements;
vided: (E) types of assistance;
By the authority vested in me as President by the (F) uses, and restrictions on the use, of as-
Constitution and laws of the United States of America, sistance;
and in order to protect the interest of the Federal Gov- (G) uses of core-based statistical area (as
ernment, to deal only with responsible persons, and to
insure proper management and integrity in Federal ac-
defined in section 4 of the MAPS Act of 2021)
tivities, it is hereby ordered as follows: delineations (as chosen from standardized
SECTION 1. Definitions. For purposes of this order: categories of uses determined by the Direc-
(a) ‘‘Procurement activities’’ refers to all acquisition tor), for purposes including prime recipient
programs and activities of the Federal Government, as and subrecipient eligibility for, and distribu-
defined in the Federal Acquisition Regulation. tion of, any Federal service, benefit, or fund-
(b) ‘‘Nonprocurement activities’’ refers to all pro- ing; and
grams and activities involving Federal financial and (H) duties of recipients under the program.
nonfinancial assistance and benefits, as covered by Ex-
ecutive Order No. 12549 [set out above] and the Office of (3) a specification of each formula governing
Management and Budget guidelines implementing that eligibility for assistance or the distribution of
order. assistance under the program, which shall be
(c) ‘‘Agency’’ refers to executive departments and described through the use of—
agencies. (A) the language used to specify each such
SEC. 2. Governmentwide Effect.
(a) To the extent permitted by law and upon resolu-
formula in the law authorizing the program;
tion of differences and promulgation of final regula- (B) the language used to specify each such
tions pursuant to section 3 of this order, the debar- formula in any Federal rule promulgated
ment, suspension, or other exclusion of a participant in pursuant to the law authorizing the pro-
a procurement activity under the Federal Acquisition gram; or
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