SUBTITLE V—GENERAL ASSISTANCE ADMINISTRATION
Editorial Notes
Amendments
2019—
1996—
1994—
1986—
1984—
1 So in original. Probably should be capitalized.
CHAPTER 61 —PROGRAM INFORMATION
Editorial Notes
Amendments
1983—
§6101. Definitions
In this chapter—
(1) "administering office" means the lowest unit of an agency responsible for managing a domestic assistance program.
(2) "agency" has the same meaning given that term in
(3) "assistance"—
(A) means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including—
(i) financial assistance;
(ii) United States Government facilities, services, and property; and
(iii) expert and technical information; and
(B) does not include conventional public information services or procurement of property or services for the direct benefit or use of the Government.
(4) "domestic assistance program"—
(A) means assistance from an agency for—
(i) a State;
(ii) the District of Columbia;
(iii) a territory or possession of the United States;
(iv) a county;
(v) a city;
(vi) a political subdivision or instrumentality of a governmental authority listed in subclauses (i)–(v) of this clause (A);
(vii) a domestic corporation;
(viii) a domestic institution; and
(ix) an individual of the United States; and
(B) does not include assistance from an agency for an agency.
(5) "Director" means the Director of the Office of Management and Budget.
(6) "Administrator" means the Administrator of General Services.
(7) "formula" means any prescribed method employing objective data or statistical estimates for making individual determinations among recipients of Federal funds, either in terms of eligibility or actual funding allocations, that can be written in the form of either—
(A) a closed mathematical statement; or
(B) an iterative procedure or algorithm which can be written as a computer program;
and from which the results can be objectively replicated, within reasonable limits due to rounding error, through independent application of such statement, procedures, or algorithm, by different qualified individuals.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6101(1) | 31:1701(4). | Dec. 28, 1977, |
| 6101(2) | 31:1701(2). | |
| 6101(3) | 31:1701(1). | |
| 6101(4) | 31:1701(3). |
In the section, the word "Federal" is omitted as unnecessary.
In clause (1), the word "unit" is substituted for "subdivision" for consistency in the revised title. The words "direct operational" are omitted as unnecessary.
In clause (3)(A), the words "money, property, services, or" are omitted as being included in "anything of value". The word "for" is substituted for "the principal purpose of which is to accomplish" to eliminate unnecessary words. In subclause (i), the words "grants, loans, loan guarantees, scholarships, mortgage loans, insurance or other types of" are omitted as being included in "financial assistance". In subclause (ii), the word "goods" is omitted as being included in "property". The words "and service activities of regulatory agencies" are omitted as being included in "services". In subclause (iii), the words "expert and technical information" are substituted for "technical assistance, and counseling, statistical and other expert information" to eliminate unnecessary words.
In clause (3)(B), the words "or procurement of property or services for the direct benefit or use of the Government" are added for consistency in subtitle V of the revised title.
In clause (4)(A), the words "or benefits" are omitted as being included in "assistance". Subclause (ii) is included for consistency in the revised title because the District of Columbia is stated when a provision is meant to apply to the District. In subclause (vi), the word "grouping" is omitted as being included in "political subdivision or instrumentality". In subclauses (vii)–(ix), the words "profit or nonprofit" are omitted as surplus. In subclause (ix), the words "individual of the United States" are substituted for "domestic . . . individual" for clarity.
Editorial Notes
Amendments
1996—Par. (4)(B).
1994—Par. (4)(B).
1986—Par. (4)(B).
1983—Pars. (5), (6).
Par. (7).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Short Title of 2022 Amendment
Short Title of 2021 Amendment
Short Title of 2014 Amendment
Short Title of 2008 Amendment
Grant Transparency
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Grant Transparency Act of 2023'.
"SEC. 2. NOTICES OF FUNDING OPPORTUNITY TRANSPARENCY.
"(a)
"(1)
"(A) has the meaning given the term 'Executive agency' in
"(B) does not include the Government Accountability Office.
"(2)
"(A) through a grant agreement or cooperative agreement under which the agency makes payment in cash or in kind to a recipient to carry out a public purpose authorized by law; and
"(B) the recipient of which is selected from a pool of applicants through the use of merit-based selection procedures for the purpose of allocating funds authorized under a grant program of the agency.
"(3)
"(4)
"(5)
"(A) means a system of evaluation of competitive grant applications to determine how such applications advance through the selection process; and
"(B) includes—
"(i) a merit criteria rating rubric;
"(ii) an evaluation of merit criteria;
"(iii) a methodology to evaluate and rate based on a point scale; and
"(iv) an evaluation to determine whether a competitive grant application meets evaluation or selection criteria.
"(b)
"(1) a description of any rating system and evaluation and selection criteria the agency uses to assess applications for the competitive grant;
"(2) a statement of whether the agency uses a weighted scoring method and a description of any weighted scoring method the agency uses for the competitive grant, including the amount by which the agency weights each criterion; and
"(3) any other qualitative or quantitative merit-based approach the agency uses to evaluate an application for the competitive grant.
"(c)
"(1)
"(2)
"(A) the number of applications received; and
"(B) the city and State of each organization that submitted an application.
"(d)
"(e)
"(f)
"(1)
"(2)
Reporting on Use of Funds
"(a) In this section—
"(1) the terms 'agency', 'appropriate congressional committees', 'Committee', 'covered funds', and 'Coronavirus response' have the meanings given those terms in section 15010 [set out as a note under
"(2) the term 'covered recipient'—
"(A) means any entity that receives large covered funds; and
"(B) includes any State, the District of Columbia, and any territory or possession of the United States; and
"(3) the term 'large covered funds' means covered funds that amount to more than $150,000.
"(b)(1)(A) On a monthly basis until September 30, 2021, each agency shall report to the Director of the Office of Management and Budget, the Bureau of Fiscal Service in the Department of the Treasury, the Committee, and the appropriate congressional committees on any obligation or expenditure of large covered funds, including loans and awards.
"(B) Not later than 90 days after the date of enactment of this Act [Mar. 27, 2020], each agency shall submit to the Committee a plan describing how the agency will use covered funds.
"(2) Not later than 10 days after the end of each calendar quarter, each covered recipient shall submit to the agency and the Committee a report that contains—
"(A) the total amount of large covered funds received from the agency;
"(B) the amount of large covered funds received that were expended or obligated for each project or activity;
"(C) a detailed list of all projects or activities for which large covered funds were expended or obligated, including—
"(i) the name of the project or activity;
"(ii) a description of the project or activity; and
"(iii) the estimated number of jobs created or retained by the project or activity, where applicable; and
"(D) detailed information on any level of subcontracts or subgrants awarded by the covered recipient or its subcontractors or subgrantees, to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 [
"(3) Not later than 30 days after the end of each calendar quarter, the Committee, in consultation with the agency that made large covered funds available to any covered recipient shall make the information in reports submitted under paragraph (2) publicly available by posting the information on the website established under section 15010(g).
"(4)(A) Each agency, in coordination with the Committee and the Director of the Office of Management and Budget shall provide user-friendly means for covered recipients to meet requirements of this subsection.
"(B) Federal agencies may use existing mechanisms to ensure that information under this subsection is reported accurately.
"(c)(1) The Director of the Office of Management and Budget, in consultation with the Secretary of the Treasury, the Administrator of the Small Business Administration, and the Chairperson of the Council of Economic Advisors, shall submit to the appropriate congressional committees and publicly release on the website established under section 15010(g) quarterly reports that detail the impact of programs funded through large covered funds on employment, estimated economic growth, and other key economic indicators, including information about impacted industries.
"(2)(A) The first report submitted under paragraph (1) shall be submitted not later than 45 days after the end of the first full quarter following the date of enactment of this Act.
"(B) The last report required to be submitted under paragraph (1) shall apply to the quarter in which the Committee terminates."
Exemption From Certain Reporting Requirements for Certain Agricultural Producers
"(a)
"(1) a conservation program under title II [see Tables for classification] or a law amended by title II;
"(2) an indemnity or disease control program under the Animal Health Protection Act (
"(3) a commodity program under title I of the Agricultural Act of 2014 (
"(b)
Purposes
"(1) expand the Federal Funding Accountability and Transparency Act of 2006 [
"(2) establish Government-wide data standards for financial data and provide consistent, reliable, and searchable Government-wide spending data that is displayed accurately for taxpayers and policy makers on USASpending.gov (or a successor system that displays the data);
"(3) simplify reporting for entities receiving Federal funds by streamlining reporting requirements and reducing compliance costs while improving transparency;
"(4) improve the quality of data submitted to USASpending.gov by holding Federal agencies accountable for the completeness and accuracy of the data submitted; and
"(5) apply approaches developed by the Recovery Accountability and Transparency Board to spending across the Federal Government."
Requirements and Limitations for Suspension and Debarment Officials of the Department of Defense, the Department of State, and the United States Agency for International Development
"(a)
"(1) There shall be not less than one suspension and debarment official—
"(A) in the case of the Department of Defense, for each of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Defense Logistics Agency;
"(B) for the Department of State; and
"(C) for the United States Agency for International Development.
"(2) A suspension and debarment official under paragraph (1) may not report to or be subject to the supervision of the acquisition office or the Inspector General—
"(A) in the case of the Department of Defense, of either the Department of Defense or the military department or Defense Agency concerned; and
"(B) in the case of the Department of State and the United States Agency for International Development, of the covered agency concerned.
"(3) Each suspension and debarment official under paragraph (1) shall have a staff and resources adequate for the discharge of the suspension and debarment responsibilities of such official.
"(4) Each suspension and debarment official under paragraph (1) shall document the basis for any final decision taken pursuant to a formal referral in accordance with the policies established under paragraph (5).
"(5) Each suspension and debarment official under paragraph (1) shall, in consultation with the General Counsel of the covered agency, establish in writing policies for the consideration of the following:
"(A) Formal referrals of suspension and debarment matters.
"(B) Suspension and debarment matters that are not formally referred.
"(b)
"(c)
Role of Interagency Committee on Debarment and Suspension
"(a)
"(1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings, including with respect to contracts in connection with contingency operations;
"(2) coordinate actions among interested agencies with respect to such action;
"(3) encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment system;
"(4) recommend to the Office of Management and Budget changes to the Government suspension and debarment system and its rules, if such recommendations are approved by a majority of the Interagency Committee;
"(5) authorize the Office of Management and Budget to issue guidelines that implement those recommendations;
"(6) authorize the chair of the Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; and
"(7) submit to Congress an annual report on—
"(A) the progress and efforts to improve the suspension and debarment system;
"(B) member agencies' active participation in the committee's work;
"(C) a summary of each agency's activities and accomplishments in the Governmentwide debarment system; and
"(D) a summary of suspensions, debarments, and administrative agreements during the previous year.
"(b)
"(c)
"(1) The term 'contingency operation' has the meaning given that term in
"(2) The term 'Interagency Committee on Debarment and Suspension' means the committee constituted under sections 4 and 5 of Executive Order No. 12549 [set out below]."
Federal Funding Accountability and Transparency
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Federal Funding Accountability and Transparency Act of 2006'.
"SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIVING FEDERAL FUNDING.
"(a)
"(1)
"(2)
"(A) includes, whether for profit or nonprofit—
"(i) a corporation;
"(ii) an association;
"(iii) a partnership;
"(iv) a limited liability company;
"(v) a limited liability partnership;
"(vi) a sole proprietorship;
"(vii) any other legal business entity;
"(viii) any other grantee or contractor that is not excluded by subparagraph (B) or (C); and
"(ix) any State or locality;
"(B) on and after January 1, 2009, includes any subcontractor or subgrantee; and
"(C) does not include—
"(i) an individual recipient of Federal assistance; or
"(ii) a Federal employee.
"(3)
"(4)
"(A) means Federal financial assistance and expenditures that—
"(i) include grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance;
"(ii) include contracts, subcontracts, purchase orders, task orders, and delivery orders;
"(B) does not include individual transactions below $25,000; and
"(C) before October 1, 2008, does not include credit card transactions.
"(5)
"(6)
"(7)
"(A) search and aggregate Federal funding by any element required by subsection (b)(1);
"(B) ascertain through a single search the total amount of Federal funding awarded to an entity by a Federal award described in paragraph (2)(A)(i), by fiscal year;
"(C) ascertain through a single search the total amount of Federal funding awarded to an entity by a Federal award described in paragraph (2)(A)(ii), by fiscal year; and
"(D) download data included in subparagraph (A) included in the outcome from searches.
"(8)
"(b)
"(1)
"(A) the name of the entity receiving the award;
"(B) the amount of the award;
"(C) information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source, and an award title descriptive of the purpose of each funding action;
"(D) the location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country;
"(E) a unique identifier of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity;
"(F) the names and total compensation of the five most highly compensated officers of the entity if—
"(i) the entity in the preceding fiscal year received—
"(I) 80 percent or more of its annual gross revenues in Federal awards; and
"(II) $25,000,000 or more in annual gross revenues from Federal awards; and
"(ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (
"(G) any other relevant information specified by the Office of Management and Budget.
"(2)
"(3)
"(4)
"(c)
"(1) may use as the source of its data the Federal Procurement Data System, Federal Assistance Award Data System, and Grants.gov, if all of these data sources are searchable through the website and can be accessed in a search on the website required by this Act, provided that the user may—
"(A) specify such search shall be confined to Federal contracts and subcontracts;
"(B) specify such search shall be confined to include grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance;
"(2) shall not be considered in compliance if it hyperlinks to the Federal Procurement Data System website, Federal Assistance Award Data System website, Grants.gov website, or other existing websites, so that the information elements required by subsection (b)(1) cannot be searched electronically by field in a single search;
"(3) shall provide an opportunity for the public to provide input about the utility of the site and recommendations for improvements;
"(4) shall be updated not later than 30 days after the award of any Federal award requiring a posting;
"(5) shall provide for separate searches for Federal awards described in subsection (a) to distinguish between the Federal awards described in subsection (a)(2)(A)(i) and those described in subsection (a)(2)(A)(ii);
"(6) shall have the ability to aggregate data for the categories described in paragraphs (1) through (5) without double-counting data; and
"(7) shall ensure that all information published under this section is available—
"(A) in machine-readable and open formats;
"(B) to be downloaded in bulk; and
"(C) to the extent practicable, for automated processing.
"(d)
"(1)
"(A)
"(i) test the collection and accession of data about subgrants and subcontracts; and
"(ii) determine how to implement a subaward reporting program across the Federal Government, including—
"(I) a reporting system under which the entity issuing a subgrant or subcontract is responsible for fulfilling the subaward reporting requirement; and
"(II) a mechanism for collecting and incorporating agency and public feedback on the design and utility of the website.
"(B)
"(2)
"(A)
"(i) shall ensure that data regarding subawards are disclosed in the same manner as data regarding other Federal awards, as required by this Act; and
"(ii) shall ensure that the method for collecting and distributing data about subawards under clause (i)—
"(I) minimizes burdens imposed on Federal award recipients and subaward recipients;
"(II) allows Federal award recipients and subaward recipients to allocate reasonable costs for the collection and reporting of subaward data as indirect costs; and
"(III) establishes cost-effective requirements for collecting subaward data under block grants, formula grants, and other types of assistance to State and local governments.
"(B)
"(e)
"(f)
"(g)
"(1)
"(2)
"(A) data regarding the usage and public feedback on the utility of the site (including recommendations for improving data quality and collection);
"(B) an assessment of the reporting burden placed on Federal award and subaward recipients; and
"(C) an explanation of any extension of the subaward reporting deadline under subsection (d)(2)(B), if applicable.
"(3)
"SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS.
"(a)
"(b)
"(1)
"(A) for each appropriations account, including an expired or unexpired appropriations account, the amount—
"(i) of budget authority appropriated;
"(ii) that is obligated;
"(iii) of unobligated balances; and
"(iv) of any other budgetary resources;
"(B) from which accounts and in what amount—
"(i) appropriations are obligated for each program activity; and
"(ii) outlays are made for each program activity;
"(C) from which accounts and in what amount—
"(i) appropriations are obligated for each object class; and
"(ii) outlays are made for each object class; and
"(D) for each program activity, the amount—
"(i) obligated for each object class; and
"(ii) of outlays made for each object class.
"(2)
"(A)
"(i) the term 'budget justification materials' means the annual budget justification materials of a Federal agency, or a component of a Federal agency, that are submitted, in conjunction with the budget of the United States Government submitted under
"(ii) the term 'open Government data asset' has the meaning given that term in
"(B)
"(i) shall include any budget justification materials—
"(I) for the second fiscal year beginning after the date of enactment of this paragraph [Sept. 24, 2021], and each fiscal year thereafter; and
"(II) to the extent practicable, that were released for any fiscal year before the date of enactment of this paragraph; and
"(ii) shall not include budget justification materials the disclosure of which is prohibited by law, that are classified, or that are exempt from disclosure under
"(C)
"(i) as an open Government data asset;
"(ii) in a manner that enables users to download individual reports, download all reports in bulk, and download in bulk the results of a search, to the extent practicable; and
"(iii) in a structured data format, to the extent practicable.
"(D)
"(E)
"SEC. 4. DATA STANDARDS.
"(a)
"(1)
"(2)
"(b)
"(1) incorporate widely accepted common data elements, such as those developed and maintained by—
"(A) an international voluntary consensus standards body;
"(B) Federal agencies with authority over contracting and financial assistance; and
"(C) accounting standards organizations;
"(2) incorporate a widely accepted, nonproprietary, searchable, platform-independent computer-readable format;
"(3) include unique identifiers for Federal awards and entities receiving Federal awards that can be consistently applied Government-wide;
"(4) be consistent with and implement applicable accounting principles;
"(5) be capable of being continually upgraded as necessary;
"(6) produce consistent and comparable data, including across program activities; and
"(7) establish a standard method of conveying the reporting period, reporting entity, unit of measure, and other associated attributes.
"(c)
"(1)
"(2)
"(A)
"(B)
"(i)
"(ii)
"(iii)
"(I) each grant of an extension under clause (i); and
"(II) the reasons for granting such an extension.
"(3)
"(d)
"SEC. 5. SIMPLIFYING FEDERAL AWARD REPORTING.
"(a)
"(1) common reporting elements across the Federal Government;
"(2) unnecessary duplication in financial reporting; and
"(3) unnecessarily burdensome reporting requirements for recipients of Federal awards.
"(b)
"(1)
"(A) standardized reporting elements across the Federal Government;
"(B) the elimination of unnecessary duplication in financial reporting; and
"(C) the reduction of compliance costs for recipients of Federal awards.
"(2)
"(A) include a combination of Federal contracts, grants, and subawards, the aggregate value of which is not less than $1,000,000,000 and not more than $2,000,000,000;
"(B) include a diverse group of recipients of Federal awards; and
"(C) to the extent practicable, include recipients who receive Federal awards from multiple programs across multiple agencies.
"(3)
"(4)
"(5)
"(6)
"(A) a description of the data collected under the pilot program, the usefulness of the data provided, and the cost to collect the data from recipients; and
"(B) a discussion of any legislative action required and recommendations for—
"(i) consolidating aspects of Federal financial reporting to reduce the costs to recipients of Federal awards;
"(ii) automating aspects of Federal financial reporting to increase efficiency and reduce the costs to recipients of Federal awards;
"(iii) simplifying the reporting requirements for recipients of Federal awards; and
"(iv) improving financial transparency.
"(7)
"(A) reduce the burden of complying with reporting requirements; and
"(B) simplify the reporting process, including by reducing duplicative reports.
"SEC. 6. ACCOUNTABILITY FOR FEDERAL FUNDING.
"(a)
"(1)
"(A) review a statistically valid sampling of the spending data submitted under this Act by the Federal agency; and
"(B) submit to Congress and make publically available a report assessing the completeness, timeliness, quality, and accuracy of the data sampled and the implementation and use of data standards by the Federal agency.
"(2)
"(A)
"(B)
"(b)
"(1)
"(2)
"(c)
"(1)
"(A) the prevention and reduction of improper payments by Federal agencies; and
"(B) improving efficiency and transparency in Federal spending.
"(2)
"(A) under which the Secretary may provide data from the data analysis center for—
"(i) the purposes set forth under paragraph (1);
"(ii) the identification, prevention, and reduction of waste, fraud, and abuse relating to Federal spending; and
"(iii) use in the conduct of criminal and other investigations; and
"(B) which may require the Federal agency, Inspector General, or Federal law enforcement agency to provide reimbursement to the Secretary for the reasonable cost of carrying out the agreement.
"(3)
"SEC. 7. CLASSIFIED AND PROTECTED INFORMATION.
"Nothing in this Act shall require the disclosure to the public of—
"(1) information that would be exempt from disclosure under
"(2) information protected under
"SEC. 8. NO PRIVATE RIGHT OF ACTION.
"Nothing in this Act shall be construed to create a private right of action for enforcement of any provision of this Act."
Federal Financial Assistance Management Improvement
Uniform Suspension, Debarment or Exclusion From Procurement or Nonprocurement Activity
"(a)
"(b)
"(c)
"(1) The term 'procurement activities' means all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation. Such term includes subcontracts at any tier, other than subcontracts for commercially available off-the-shelf items (as defined in section 35(c) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 431(c)) [now
"(2) The term 'nonprocurement activities' means all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 and the Office of Management and Budget guidelines implementing that order.
"(3) The term 'agency' means an Executive agency as defined in
Transfer of Personnel, Property, Records, and Appropriations
Executive Documents
Ex. Ord. No. 12549. Debarment and Suspension of Participants in Federal Programs
Ex. Ord. No. 12549, Feb. 18, 1986, 51 F.R. 6370, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that:
(b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees.
(c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment.
(a) Follow government-wide criteria and government-wide minimum due process procedures when they act to debar or suspend participants in affected programs.
(b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5.
(c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently.
Ronald Reagan.
Ex. Ord. No. 12689. Debarment and Suspension
Ex. Ord. No. 12689, Aug. 16, 1989, 54 F.R. 34131, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to protect the interest of the Federal Government, to deal only with responsible persons, and to insure proper management and integrity in Federal activities, it is hereby ordered as follows:
(a) "Procurement activities" refers to all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation.
(b) "Nonprocurement activities" refers to all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 [set out above] and the Office of Management and Budget guidelines implementing that order.
(c) "Agency" refers to executive departments and agencies.
(a) To the extent permitted by law and upon resolution of differences and promulgation of final regulations pursuant to section 3 of this order, the debarment, suspension, or other exclusion of a participant in a procurement activity under the Federal Acquisition Regulation, or in a nonprocurement activity under regulations issued pursuant to Executive Order No. 12549, shall have governmentwide effect. No agency shall allow a party to participate in any procurement or nonprocurement activity if any agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in a procurement or nonprocurement activity.
(b) An agency may grant an exception permitting a debarred, suspended, or otherwise excluded party to participate in procurement activities of that agency to the extent exceptions are authorized under the Federal Acquisition Regulation, or to participate in nonprocurement activities of that agency to the extent exceptions are authorized under regulations issued pursuant to Executive Order No. 12549.
(a) The Office of Management and Budget may assist Federal agencies in resolving differences between the provisions contained in the Federal Acquisition Regulation and in regulations issued pursuant to Executive Order No. 12549. The Office of Management and Budget may determine the date of resolution of differences and then shall notify affected agencies of that date.
(b) To implement this order, proposed regulations amending the Federal Acquisition Regulation and the agency regulations issued pursuant to Executive Order No. 12549 shall be published simultaneously within 6 months of the resolution of differences.
(c) Final regulations shall be published simultaneously within 12 months of the publication of the proposed regulations, to be effective 30 days thereafter.
George Bush.
§6102. Program information requirements
(a) The Director shall collect and review information on domestic assistance programs and shall provide such information to the Administrator. The information on each domestic assistance program shall include the following:
(1) identification of the program by—
(A) title;
(B) authorizing law;
(C) administering office; and
(D) an identifying number assigned by the Director.
(2) a description of the—
(A) program;
(B) objectives of the program;
(C) types of activities financed under the program;
(D) eligibility requirements;
(E) types of assistance;
(F) uses, and restrictions on the use, of assistance;
(G) uses of core-based statistical area (as defined in section 4 of the MAPS Act of 2021) delineations (as chosen from standardized categories of uses determined by the Director), for purposes including prime recipient and subrecipient eligibility for, and distribution of, any Federal service, benefit, or funding; and
(H) duties of recipients under the program.
(3) a specification of each formula governing eligibility for assistance or the distribution of assistance under the program, which shall be described through the use of—
(A) the language used to specify each such formula in the law authorizing the program;
(B) the language used to specify each such formula in any Federal rule promulgated pursuant to the law authorizing the program; or
(C) a mathematical statement which is derived from the language referred to in subparagraphs (A) and (B) of this paragraph;
(4) a description of all data and statistical estimates used to carry out each formula specified pursuant to paragraph (3), and an identification of the sources of such data and estimates;
(5) financial information, including the—
(A) amounts appropriated for the current fiscal year or, if unavailable, the amounts requested by the President and the amounts obligated; and
(B) average amounts of awards made in past years.
(6) identification of information contacts, including the administering office and regional and local offices with their addresses and telephone numbers.
(7) a general description of—
(A) the application requirements and procedures; and
(B) to the extent practical, an estimate of the time required to process the application.
(b) On request of the Director, an agency shall give to the Director current information on all domestic assistance programs administered by the agency. The Director shall be responsible for ensuring that the Administrator incorporates all relevant information received on a regular basis.
(c) The Administrator—
(1) shall ensure that information and catalogs under this chapter are made available to the public at reasonable prices;
(2) may develop information services to assist State and local governments in identifying and obtaining sources of assistance;
(3) shall ensure that the information in the computerized system is made current on a regular basis and that the printed catalog and supplements thereto contain the most current data available at the time of printing; and
(4) shall transmit annually the information compiled under paragraphs (3) and (4) of subsection (a) to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6102(a). | 31:1703(a) | Dec. 28, 1977, |
| 6102(b) | 31:1703(b). | |
| 6102(c) | 31:1704(d), (e). |
In subsection (a), before clause (1), the words in parentheses are omitted as unnecessary because of the restatement. The words "information on domestic assistance programs. The information on each domestic assistance program shall include the following" are substituted for "a Federal Assistance Information Data Base . . . For each Federal domestic assistance program the data base shall" for clarity and consistency. In clause (1)(A), the word "law" is substituted for "statute" for consistency. In clause (2)(H), the word "obligations" is omitted as surplus.
In subsection (c)(1), the word "catalogs" is added for clarity.
In subsection (c)(2), the words "further", "officials", and "Federal" are omitted as unnecessary.
Editorial Notes
References in Text
Section 4 of the MAPS Act of 2021, referred to in subsec. (a)(2)(G), is section 4 of
Amendments
2022—Subsec. (a)(2)(G), (H).
1983—Subsec. (a).
Subsec. (a)(2)(E) to (H).
Subsec. (a)(3) to (7).
Subsec. (b).
Subsec. (c).
Subsec. (c)(3).
Subsec. (c)(4).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (c)(4) of this section relating to annually transmitting information to certain committees of Congress, see section 3003 of
Findings
"(1) Federal programs use core-based statistical area delineations to determine the delivery of Federal services, benefits, and funding to people in the United States, such as in criteria for eligibility or distribution.
"(2) Core-based statistical area delineations provide a nationally consistent set of standards for collecting, tabulating, and publishing Federal statistics for geographic areas, and they are not intended for any public or private sector non-statistical uses such as program administration or service delivery.
"(3) Updates to core-based statistical area delineations may cause widespread disruption to the delivery of Federal services, benefits, and funding to people in the United States based on the reliance of Federal programs on these delineations.
"(4) There does not exist any comprehensive list of Federal programs that rely on core-based statistical area delineations. Such a list is valuable for the study of how Federal services, benefits, and funding are distributed to people in the United States.
"(5) Increased transparency on the impacts of any update to core-based statistical area delineations may be overly burdensome due to the anticipated variety of Federal programs that rely on these delineations. Any requirement for complete disclosure of these impacts prior to implementation of new delineations may unintentionally cause the existing delineations to ossify.
"(6) In order to prevent any disruption to service delivery of Federal programs based on updates to core-based statistical area delineations, and ensure the independence of Federal statistical policymaking, Congress must sever the link between future updates to core-based statistical area delineations and any automatic impact on Federal programs that rely on these delineations."
[For definition of "core-based statistical area" as used in section 2 of
Purpose of Pub. L. 117–219
"(1) transparency in how core-based statistical area delineations are used in domestic assistance programs; and
"(2) independence of the Office of Management and Budget in establishing and updating core-based statistical area delineations."
[For definitions of "core-based statistical area" and "domestic assistance program" as used in section 3 of
Content Requirements
"(1) whether the most current core-based statistical area delineation has been affirmatively adopted pursuant to
"(2) which historical core-based statistical area delineation was maintained, in cases where an updated delineation has not been affirmatively adopted pursuant to
"(3) what purpose the core-based statistical area delineation serves, including—
"(A) to determine eligibility for any Federal service, benefit, or funding;
"(B) to determine distribution of any Federal service, benefit, or funding; and
"(C) any other standardized category of purpose determined by the Director;
"(4) whether the use of core-based statistical area delineation directly concerns any—
"(A) prime recipient of any Federal service, benefit, or funding; and
"(B) subrecipient of any Federal service, benefit, or funding; and
"(5) the date when the information collected in this subsection was last updated."
[For definitions of "core-based statistical area" and "Director" as used in section 6(b) of
Accessibility Requirements
"(1) publicly accessible as an open Government data asset;
"(2) presented in a user-friendly visual format with search and download capabilities;
"(3) easily discoverable by the public on relevant government websites; and
"(4) updated not less frequently than once every year."
[For definitions of "Director" and "open Government data asset" as used in section 6(c) of
Implementation Timeline
Consolidated Federal Funds Report
Definitions
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
§6102a. Assistance awards information system
(a) The Director shall—
(1) maintain the United States Government assistance awards information system established as a result of the study conducted under section 9 of the Federal Program Information Act; and
(2) update the system on a quarterly basis.
(b) To carry out subsection (a) of this section, the Director—
(1) may delegate the responsibility for carrying out subsection (a) of this section to the head of another executive agency;
(2) shall review a report the head of an agency submits to the Director on the method of carrying out subsection (a) of this section; and
(3) may validate, by appropriate means, the method by which an agency prepares the report.
(c) The Director shall transmit promptly after the end of each calendar quarter, free of charge, the data in the system required by subsection (a) to the Committee on Rules and Administration of the Senate and to the Committee on House Oversight of the House of Representatives.
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6102a | 31 App.:6102(note). | Oct. 15, 1982, |
In subsection (a)(1), the words "operate and" are omitted as surplus. The words "United States Government" are substituted for "Federal" for consistency in the revised title and with other titles of the United States Code. The words "information system" are substituted for "data system" for consistency with 31:6102. The words "by the Director" are omitted as surplus.
In subsection (b)(1), the words "the head of another executive agency" are substituted for "any authority of the executive branch of the Federal Government" for consistency in the revised title and with other titles of the Code.
In subsection (b)(2), the words "the head of" are added for consistency in the revised title and with other titles of the Code.
Editorial Notes
References in Text
Section 9 of the Federal Program Information Act, referred to in subsec. (a)(1), is section 9 of
Amendments
1996—Subsec. (c).
1986—Subsec. (c).
1983—Subsec. (a).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§6103. Access to computer information system
(a) The Administrator shall maintain a computerized information system providing access to—
(1) the information described in paragraphs (1), (2), (5), (6), and (7) of
(2) such portions or summaries, as the Administrator considers appropriate, of the information described in paragraphs (3) and (4) of such section.
(b) To the greatest extent practicable, the Administrator shall provide for the widespread availability of the information by available computer terminals.
(c) When the Administrator decides the efficiency of the information system under subsection (a) of this section requires it, the Administrator may make contracts with private organizations to obtain computer time-sharing services, including—
(1) computer telecommunications networks;
(2) computer software; and
(3) associated services.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6103 | 31:1704(a)–(c). | Dec. 28, 1977, |
In subsection (a), the words "establish and" are omitted as surplus. The word "information" is substituted for "data base" for consistency. The words "described in
In subsection (b), the words "contained in the data base" are omitted as unnecessary.
In subsection (c), the words "notwithstanding another provision of law to the contrary" and "but not limited to" are omitted as unnecessary.
Editorial Notes
Amendments
1983—Subsec. (a).
Subsecs. (b), (c).
§6104. Catalog of Federal domestic assistance programs
(a) The Administrator shall prepare and publish each year a catalog of domestic assistance programs.
(b) In a form selected by the Administrator, the catalog shall contain—
(1)(A) all substantive information on domestic assistance programs that, at the time the catalog is prepared, is in the system under paragraphs (1), (2), (5), (6), and (7) of
(B) such portions or summaries, as the Administrator considers appropriate, of the information on domestic assistance programs that, at the time the catalog is prepared, is in the system under paragraphs (3) and (4) of
(2) information the Administrator decides may be helpful to a potential applicant for or beneficiary of assistance; and
(3) a detailed index.
(c) When the Administrator decides it is necessary, the Administrator shall prepare and publish—
(1) supplements to the catalog; and
(2) specialized compilations by function of information in the catalog.
(d) The Administrator may distribute a catalog without cost to each—
(1) member of Congress;
(2) department, agency, and instrumentality of the United States Government;
(3) State;
(4) general purpose unit of a local government;
(5) Indian tribe recognized by the United States Government;
(6) depository library of Government publications; and
(7) depository designated by the Administrator.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6104(a) | 31:1705(a). | Dec. 28, 1977, |
| 6104(b) | 31:1705(d). | |
| 6104(c) | 31:1705(b), (c). | |
| 6104(d) | 31:1705(e). |
In subsection (a), the words in parentheses are omitted as unnecessary.
In subsection (b)(1), the word "Federal" is omitted as unnecessary. The words "system under
In subsection (d), before clause (1), the text of 31:1705(e)(1) is omitted as unnecessary because of section 6102(c) of the revised title. The words "The Director" are added for clarity and consistency. The words "member of Congress" are substituted for "Members of Congress, Delegates, Resident Commissioners" for consistency. In clause (6), the words "depository library of United States Government publications" are substituted for "Federal deposit libraries" as being more precise. In clause (7), the word "depository" is substituted for "other local repositories" for clarity and to eliminate unnecessary words.
Editorial Notes
Amendments
1983—Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsecs. (b)(2), (c), (d).
§6105. Oversight responsibility of Director
The Director shall have oversight responsibility for the exercise of all authorities and responsibilities in this chapter not specifically assigned to the Director.
(Added
Editorial Notes
Prior Provisions
A prior section 6105,
§6106. Authorization of appropriations
After October 1, 1983, there may be appropriated to the Administrator such sums as may be necessary to carry out the responsibilities of this chapter.
(Added
CHAPTER 62 —CONSOLIDATED FEDERAL FUNDS REPORT
Editorial Notes
Prior Provisions
Provisions similar to this chapter were contained in
§6201. Definitions
As used in this chapter, the term—
(1) "Director" means the Director of the Office of Management and Budget;
(2) "State" means any State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the Government of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; and
(3) "municipality" means any subcounty unit of general local government that received Federal assistance in the fiscal year that is the subject of the report.
(Added
Statutory Notes and Related Subsidiaries
Short Title
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
§6202. Content, form, and data for report
(a) For fiscal years 1986, 1987, 1988, 1989, and 1990, not later than 180 days after the end of each fiscal year, the Director shall prepare a Consolidated Federal Funds Report presenting the total amount of Federal funds that were obligated for expenditure or expended in each State, county or parish, congressional district, and municipality of the United States in appropriate general categories of Federal funds during the preceding fiscal year. To the extent practicable, such categories shall be consistently constituted from year to year. The report shall be in the form described in subsection (b) and shall be based on the data referred to in subsection (c).
(b) The Director shall include in each report required by subsection (a)—
(1) the total amount of Federal funds that were reported obligated for expenditure in each State, county or parish, congressional district, and municipality of the United States in appropriate general categories of Federal funds in the fiscal year preceding the fiscal year in which the report is made; or
(2) the total amount of Federal funds that were reported actually expended in each State, county or parish, congressional district, and municipality of the United States in appropriate categories in the fiscal year preceding the fiscal year in which the report is made.
(c) The report required by subsection (a) shall be based on the data included in—
(1) the Federal assistance awards data system established pursuant to
(2) the Federal procurement data system established pursuant to
(3) the appropriate data files of the Office of Personnel Management;
(4) the payroll, pension, and grants files of the Office of the Secretary of Defense;
(5) the appropriate data files of the United States Postal Service and the Postal Regulatory Commission;
(6) the data system used by the Bureau of the Census to prepare the annual Federal aid to States report;
(7) the retirement and disability files of the United States Coast Guard, the Tennessee Valley Authority, the Commissioned Corps of the Public Health Service, the Commissioned Corps of the National Oceanic and Atmospheric Administration, and the Foreign Service;
(8) the insurance claims files of the Federal Emergency Management Agency and the Department of Agriculture;
(9) the grants files of the Legal Services Corporation;
(10) the excess earned income tax credit file of the Internal Revenue Service;
(11) the appropriate data files of the National Railroad Passenger Corporation; and
(12) the payroll file of the Federal Bureau of Investigation.
(d) For the purposes of subsection (b), the general categories of Federal funds presented in each report required by subsection (a) shall include data with respect to grants, loans, purchases and contracts, cooperative agreements, direct Federal payments to individuals, pay of civilian employees of the Government, military pay, annuities, retirement pay, pensions, and disability compensation.
(Added
Editorial Notes
Amendments
2011—Subsec. (c)(2).
2006—Subsec. (c)(5).
1994—
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
§6203. Printing and distribution of reports and machine-readable records
(a)(1) The Director shall—
(A) prepare—
(i) printed copies of each of the reports required by this chapter; and
(ii) machine-readable records of such reports; and
(B) make the printed copies of the reports and the machine-readable records available to the public for purchase at a price fixed under subsection (b).
(2) The Director shall transmit free of charge one of each of the printed copies of the reports required by this chapter to—
(A) each Federal regional depository library;
(B) the Committees on Government Operations, the Budget, and Appropriations of the House of Representatives; and
(C) the Committees on Governmental Affairs, the Budget, and Appropriations of the Senate.
(3) The Director shall also transmit promptly after the end of each calendar year, free of charge, one machine-readable record of the report required by section 6202 to the Committee on Rules and Administration of the Senate and to the Committee on House Oversight of the House of Representatives.
(4) Subject to subsection (b), the Director may, at his discretion, waive all or part of the fee required by subsection (a)(1)(B) of this section.
(b) In carrying out subsection (a)(1)(B), the Director shall, based on the estimates made under paragraphs (1) and (2) of this subsection, fix the price of each printed copy and each machine-readable record of the report so that the aggregate revenues obtained in each fiscal year under subsection (a) will cover as much as is feasible of the incremental costs incurred in making these reports and machine-readable records available for purchase by the public. In computing these costs the Director shall not consider the costs of the activities set forth in
(1) the cost of compiling the reports required by this chapter; preparing the printed copies and machine-readable records under subsection (a); and distributing the printed copies and the machine-readable records of the report for each fiscal year; and
(2) the number of printed copies and the number of machine-readable records of the report that will be purchased.
(Added
Editorial Notes
Amendments
1996—Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§6204. Delegation
In order to carry out
(Added
§6205. Availability of information
Each head of any authority of the Government having custody of the data files and systems referred to in section 6202(c)—
(1) shall make available to the Director (or other authority to which the Director has delegated the responsibility to carry out such section) the information requested in the form designated; and
(2) is authorized to make available to the Director (or such other authority) such administrative services, equipment, personnel, and facilities (and funds appropriated therefor) as the Director or such authority requires to carry out such section.
(Added
§6206. Data consistency and uniformity of data elements
The Director shall designate a single organizational unit to provide for data consistency and uniform reporting of data elements.
(Added
§6207. Authorization of appropriations
There are authorized to be appropriated to carry out this chapter such sums as may be necessary for each of the fiscal years 1986, 1987, 1988, 1989, and 1990.
(Added
CHAPTER 63 —USING PROCUREMENT CONTRACTS AND GRANT AND COOPERATIVE AGREEMENTS
Editorial Notes
Amendments
2022—
§6301. Purposes
The purposes of this chapter are to—
(1) promote a better understanding of United States Government expenditures and help eliminate unnecessary administrative requirements on recipients of Government awards by characterizing the relationship between executive agencies and contractors, States, local governments, and other recipients in acquiring property and services and in providing United States Government assistance;
(2) prescribe criteria for executive agencies in selecting appropriate legal instruments to achieve—
(A) uniformity in their use by executive agencies;
(B) a clear definition of the relationships they reflect; and
(C) a better understanding of the responsibilities of the parties to them; and
(3) promote increased discipline in selecting and using procurement contracts, grant agreements, and cooperative agreements, maximize competition in making procurement contracts, and encourage competition in making grants and cooperative agreements.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6301 | 41:501. | Feb. 3, 1978, |
In the chapter, the words "procurement contract" are substituted for "contract" for consistency.
The text of 41:501(a) and (b)(4) is omitted as executed.
Statutory Notes and Related Subsidiaries
Environmental Protection Agency; Agreements and Grants Affecting Real Property in the District of Columbia
"(a) Nothing in the Federal Grant and Cooperative Agreements Act of 1977 (
"(b) Subsection (a) shall apply with respect to fiscal year 2001 and each succeeding fiscal year."
Similar provisions were contained in
§6302. Definitions
In this chapter—
(1) "executive agency" does not include a mixed-ownership Government corporation.
(2) "grant agreement" and "cooperative agreement" do not include an agreement under which is provided only—
(A) direct United States Government cash assistance to an individual;
(B) a subsidy;
(C) a loan;
(D) a loan guarantee; or
(E) insurance.
(3) "local government" means a unit of government in a State, a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, an interstate entity, or another instrumentality of a local government.
(4) "other recipient" means a person or recipient (except a State or local government) authorized to receive United States Government assistance or procurement contracts and includes a charitable or educational institution.
(5) "State" means a State of the United States, the District of Columbia, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6302(1) | 41:502(4). | Feb. 3, 1978, |
| 6302(2) | 41:502(5). | |
| 6302(3) | 41:502(2). | |
| 6302(4) | 41:502(3). | |
| 6302(5) | 41:502(1). |
Clause (3) restates the source provisions because of the definition of "executive agency" in section 102 of the revised title. The words "a county, municipality, city, town, township" are omitted as being included in "a unit of government in a State".
In clause (5), the words "the Commonwealth of Puerto Rico" are omitted as being included in "territory or possession of the United States" and as unnecessary because of 48:734. The words "duties and powers" are substituted for "functions" for consistency in the revised title and with other titles of the United States Code.
§6303. Using procurement contracts
An executive agency shall use a procurement contract as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when—
(1) the principal purpose of the instrument is to acquire (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; or
(2) the agency decides in a specific instance that the use of a procurement contract is appropriate.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6303 | 41:503. | Feb. 3, 1978, |
The words "type of" are omitted as unnecessary. The word "decides" is substituted for "determines" for consistency.
§6304. Using grant agreements
An executive agency shall use a grant agreement as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when—
(1) the principal purpose of the relationship is to transfer a thing of value to the State or local government or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States instead of acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; and
(2) substantial involvement is not expected between the executive agency and the State, local government, or other recipient when carrying out the activity contemplated in the agreement.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6304 | 41:504. | Feb. 3, 1978, |
The words "type of" are omitted as unnecessary. The words "money, property, services" are omitted as being included in "a thing of value". The words "in order" are omitted as surplus. The words "law of the United States" are substituted for "Federal statute" for consistency.
§6305. Using cooperative agreements
An executive agency shall use a cooperative agreement as the legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when—
(1) the principal purpose of the relationship is to transfer a thing of value to the State, local government, or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States instead of acquiring (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; and
(2) substantial involvement is expected between the executive agency and the State, local government, or other recipient when carrying out the activity contemplated in the agreement.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6305 | 41:505. | Feb. 3, 1978, |
The words "type of" are omitted as unnecessary. The words "money, property, services" are omitted as being included in "a thing of value". The words "law of the United States" are substituted for "Federal statute" for consistency.
Statutory Notes and Related Subsidiaries
Implementation of North American Wetlands Conservation Act and North American Waterfowl Management Plan
Printing of Educational Materials and Continuation of Challenge Cost-Share Program
Bureau of Land Management; Authorization To Use Cooperative Arrangements To Implement Challenge Cost-Share Programs
§6306. Authority to vest title in tangible personal property for research
The head of an executive agency may vest title in tangible personal property in a nonprofit institution of higher education or in a nonprofit organization whose primary purpose is conducting scientific research—
(1) when the property is bought with amounts provided under a procurement contract, grant agreement, or cooperative agreement with the institution or organization to conduct basic or applied scientific research;
(2) when the head of the agency decides the vesting furthers the objectives of the agency;
(3) without further obligation to the United States Government; and
(4) under conditions the head of the agency considers appropriate.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6306 | 41:506. | Feb. 3, 1978, |
The text of 41:506(a) is omitted as unnecessary because it duplicates the requirements of sections 6303–6305 of the revised title. The word "equipment" is omitted as being included in "tangible personal property". The words "amounts provided under a contract, grant agreement, or cooperative agreement" are substituted for "such funds" for clarity. The words "decides the vesting" are substituted for "it is deemed" for clarity. The word "conditions" is substituted for "terms and conditions" because it is inclusive.
§6307. Interpretative guidelines and exemptions
The Director of the Office of Management and Budget may—
(1) issue supplementary interpretative guidelines to promote consistent and efficient use of procurement contracts, grant agreements, and cooperative agreements; and
(2) exempt a transaction or program of an executive agency from this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6307(1) | 41:508. | Feb. 3, 1978, |
| 6307(2) | 41:501(note). | Feb. 3, 1978, |
In clause (2), the word "exempt" is substituted for "except" for consistency.
§6308. Use of multiple relationships for different parts of jointly financed projects
This chapter does not require an executive agency to establish only one relationship between the United States Government and a State, a local government, or other recipient on a jointly financed project involving amounts from more than one program or appropriation when different relationships would otherwise be appropriate for different parts of the project.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6308 | 41:509. | Feb. 3, 1978, |
The word "financed" is substituted for "funded", and the word "amounts" is substituted for "funds", for consistency in the revised title.
§6309. Non-propagation of core-based statistical area delineations
(a)
(1) shall not propagate automatically for any non-statistical use by any domestic assistance program, including any such use as required through—
(A) statutory reference to any core-based statistical area delineation; or
(B) administrative or regulatory reference to any core-based statistical area delineation; and
(2) shall propagate for any non-statistical use by any domestic assistance program only—
(A) if a relevant agency determines that such a propagation—
(i) supports the purposes of the program; and
(ii) is in the public interest; and
(B) through affirmative adoption through notice-and-comment rulemaking pursuant to
(b)
(Added
Statutory Notes and Related Subsidiaries
References in Text
The date of enactment of the MAPS Act of 2021, referred to in subsec. (a), is the date of enactment of
Section 4 of the MAPS Act of 2021, referred to in subsec. (b), is section 4 of
CHAPTER 64 —DATA STANDARDS FOR GRANT REPORTING
§6401. Definitions
In this chapter:
(1)
(2)
(A) are not program-specific in nature or program-specific outcome measures, as defined in
(B) are required by agencies for all or the vast majority of recipients of Federal awards for purposes of reporting.
(3)
(4)
(5)
(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 financial assistance and Government facilities, services, and property;
(B) includes a grant, a subgrant, a cooperative agreement, or any other transaction; and
(C) does not include a transaction or agreement—
(i) that provides for conventional public information services or procurement of property or services for the direct benefit or use of the Government; or
(ii) that provides only—
(I) direct Government cash assistance to an individual;
(II) a subsidy;
(III) a loan;
(IV) a loan guarantee; or
(V) insurance.
(6)
(7)
(8)
(Added
Statutory Notes and Related Subsidiaries
Short Title
Rule of Construction
Purposes
"(1) modernize reporting by recipients of Federal grants and cooperative agreements by creating and imposing data standards for the information that those recipients are required by law to report to the Federal Government;
"(2) implement the recommendation by the Director of the Office of Management and Budget contained in the report submitted under section 5(b)(6) of the Federal Funding Accountability and Transparency Act of 2006 (
"(3) reduce burden and compliance costs of recipients of Federal grants and cooperative agreements by enabling technology solutions, existing or yet to be developed, for use in both the public and private sectors to better manage the data that recipients already provide to the Federal Government; and
"(4) strengthen oversight and management of Federal grants and cooperative agreements by agencies by consolidating the collection and display of and access to open data that has been standardized and, where appropriate, increasing transparency to the public."
Definitions
§6402. Data standards for grant reporting
(a)
(1)
(2)
(3)
(A) standard definitions for data elements required for managing Federal awards; and
(B) unique identifiers for Federal awards and recipients of Federal awards that can be consistently applied Governmentwide.
(b)
(1) shall include core data elements;
(2) may cover information required by law to be reported to any agency by recipients of Federal awards, including audit-related information reported under
(3) may not be used by the Director or any agency to require the collection of any data not otherwise required under Federal law.
(c)
(1) render information reported by recipients of Federal awards fully searchable and machine-readable;
(2) be nonproprietary;
(3) incorporate standards developed and maintained by voluntary consensus standards bodies;
(4) be consistent with and implement applicable accounting and reporting principles; and
(5) incorporate the data standards established under the Federal Funding Accountability and Transparency Act of 2006 (
(d)
(1) the Secretary of the Treasury to ensure that the data standards established under subsection (a) incorporate the data standards established under the Federal Funding Accountability and Transparency Act of 2006 (
(2) the head of each agency that issues Federal awards;
(3) recipients of Federal awards and organizations representing recipients of Federal awards;
(4) private sector experts;
(5) members of the public, including privacy experts, privacy advocates, auditors, and industry stakeholders; and
(6) State and local governments.
(Added
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsec. (a)(2), is the date of enactment of
The Federal Funding Accountability and Transparency Act of 2006, referred to in subsecs. (c)(5) and (d)(1), is
Statutory Notes and Related Subsidiaries
Consolidation of Assistance-Related Information; Publication of Public Information as Open Data
"(a)
"(b)
"(c)
[For definitions of terms used in section 6 of
Evaluation of Nonproprietary Identifiers
"(a)
"(b)
"(c)
[For definitions of terms used in section 7 of
§6403. Guidance applying data standards for grant reporting
(a)
(1) the Secretary and the Director shall jointly issue guidance to all agencies directing the agencies to apply the data standards established under section 6402(a) to all applicable reporting by recipients of Federal awards; and
(2) the Director shall prescribe guidance applying the data standards established under section 6402(a) to audit-related information reported under
(b)
(1) to the extent reasonable and practicable—
(A) minimize the disruption of existing reporting practices of, and not increase the reporting burden on, agencies or recipients of Federal awards; and
(B) explore opportunities to implement modern technologies in reporting relating to Federal awards;
(2) allow the Director to permit exceptions for classes of Federal awards, including exceptions for Federal awards granted to Indian Tribes and Tribal organizations consistent with the Indian Self-Determination and Education Assistance Act (
(3) take into consideration the consultation required under section 6402(d).
(c)
(1)
(2)
(Added
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsec. (a), is the date of enactment of
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b)(2), is
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
§6404. Agency requirements
Not later than 1 year after the date on which guidance is issued or updated under subsection (b) or (c), respectively, of section 6403, the head of each agency shall—
(1) ensure that all of the Federal awards that the agency issues use data standards for all future information collection requests; and
(2) amend existing information collection requests under
(Added
CHAPTER 65 —INTERGOVERNMENTAL COOPERATION
Editorial Notes
Amendments
1990—
§6501. Definitions
In this chapter—
(1) "assistance" means the transfer of anything of value for a public purpose of support or stimulation that is—
(A) authorized by a law of the United States;
(B) provided by the United States Government through grant or contractual arrangements (including technical assistance programs providing assistance by loan, loan guarantee, or insurance); and
(C) not an annual payment by the United States Government to the District of Columbia government under section 502 of the District of Columbia Home Rule Act (
(2) "comprehensive planning" includes, to the extent directly related to area needs or needs of a unit of general local government—
(A) preparation, as a guide for governmental policies and action, of general plans on—
(i) the pattern and intensity of land use;
(ii) providing public facilities (including transportation facilities) and other governmental services; and
(iii) the effective development and use of human and natural resources;
(B) long-range physical and fiscal plans for an action referred to in subparagraph (A);
(C) a program for capital improvements and other major expenditures based on their relative urgency, and definitive financing plans for the expenditures in the earlier years of the program;
(D) coordination of related plans and activities of States and local governments and agencies concerned; and
(E) preparation of regulatory and administrative measures to support the items referred to in subparagraphs (A), (B), (C), and (D).
(3) "executive agency" does not include a mixed-ownership Government corporation.
(4)(A) "grant" (except as provided in subparagraph (C)) means money, or property provided instead of money, that is paid or provided by the United States Government under a fixed annual or total authorization, to a State, to a local government, or to a beneficiary under a plan or program administered by a State or a local government that is subject to approval by an executive agency, if the authorization—
(i) requires the State or local government to expend non-Government money as a condition of receiving money or property from the United States Government; or
(ii) specifies directly, or establishes by means of a formula, the amount that may be provided to the State or local government, or the amount to be allotted for use in each State by the State, local government, and beneficiaries.
(B) "grant" (except as provided in subparagraph (C)) also means money, or property provided instead of money, that is paid or provided by the United States Government to a private, nonprofit community organization eligible to receive amounts under the Community Services Block Grant Act (
(C) "grant" does not include—
(i) shared revenue;
(ii) payment of taxes;
(iii) payment instead of taxes;
(iv) a loan or repayable advance;
(v) surplus property or surplus agricultural commodities provided as surplus property;
(vi) a payment under a research and development procurement contract or grant awarded directly and on similar terms to all qualifying organizations; or
(vii) a payment to a State or local government as complete reimbursement for costs incurred in paying benefits or providing services to persons entitled to them under a law of the United States.
(5) "head of a State agency" includes the designated delegate of the head of the agency.
(6) "local government" means a unit of general local government, a school district, or other special district established under State law.
(7) "Secretary" means the Secretary of the Treasury.
(8) "special-purpose unit of local government" means a special district, public-purpose local government of a State except a school district.
(9) "State" means a State of the United States, the District of Columbia, a territory or possession of the United States, and an agency, instrumentality, or fiscal agent of a State but does not mean a local government of a State.
(10) "unit of general local government" means a county, city, town, village, or other general purpose political subdivision of a State.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6501(1) | 42:4201(7). | Oct. 16, 1968, |
| 6501(2) | 42:4201(9). | |
| 6501(3) | 42:4201(1). | |
| 6501(4) | 42:4201(6). | |
| 6501(5) | 42:4201(10). | |
| 6501(6) | 42:4201(3). | |
| 6501(7) | 42:4201(5). | |
| 6501(8) | 42:4201(2). | |
| 6501(9) | 42:4201(4). |
In clause (1), the word "assistance" is substituted for " 'Federal assistance', 'Federal assistance programs', or 'federally assisted programs' " for consistency in the revised title and to have only one defined term in the chapter. The words "the transfer of anything of value for a public purpose of support or stimulation that is (A) authorized by a law of the United States" are substituted for "programs that provide assistance" for consistency with section 6101(3) of the revised title. The words "section 502 of the District of Columbia Self-Government and Governmental Reorganization Act (
Clause (3) restates the source provisions because of the definition of "executive agency" in section 102 of the revised title.
In clause (4)(A) and (B), the word "grant" is substituted for " 'grant' or 'grant-in-aid' " for consistency in the revised title and to have only one defined term in the chapter.
In clause (4)(B), the words "a private, nonprofit community organization eligible to receive amounts under the Community Services Block Grant Act (
In clause (4)(C), the words "whether public or private" are omitted as surplus. The words "law of the United States" are substituted for "Federal laws" for consistency.
In clause (5), the words "head of a Federal agency" are omitted as unnecessary because heads of Federal agencies already have the authority to delegate.
In clause (6), the words "local government" are substituted for " 'political subdivision' or 'local government' " for consistency in the revised title and to have only one defined term in the chapter. The words "unit of general local government" are substituted for "local unit of government, including specifically a county, municipality, city, town, township" to incorporate the definition in clause (9).
In clause (7), the words "public-purpose local government" are substituted for "public-purpose corporation or other strictly limited purpose political subdivision" to eliminate unnecessary words.
In clause (8), the words "the Commonwealth of Puerto Rico" are omitted as being included in "territory or possession of the United States" and as necessary because of 48:734.
In clause (9), the word "parish" is omitted as included in county because of 1:2.
1983 Act
This amends 31:6501(1)(B) to clarify the section as enacted by the Act of Sept. 13, 1982 (
Editorial Notes
References in Text
The Community Services Block Grant Act, referred to in par. (4)(b), is subtitle B (§§671–683) of title VI of
Amendments
1997—Par. (1)(C).
1990—Par. (2)(B).
Par. (2)(E).
Par. (4)(A).
Par. (4)(B).
Par. (7).
Par. (8).
Par. (9).
Par. (10).
1983—Par. (1)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment effective Sept. 13, 1982, see section 2(i) of
Short Title of 1992 Amendment
Short Title of 1990 Amendment
Purpose of 1990 Act
§6502. Information on grants received
On request of a chief executive officer of a State, a State legislature, or an official designated by either of them, an executive agency carrying out a grant program to States and local governments shall provide the requesting officer or legislature with written information on the purpose and amounts of grants provided to the State or local government.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6502 | 42:4211. | Oct. 16, 1968, |
The words "chief executive officer" are substituted for "Governor" because the definition of State includes the District of Columbia. The words "executive agency" are substituted for "department or agency of the United States Government" because of the definition in sections 102 and 6501(3) of the revised title. The words "shall provide the requesting officer or legislature" are substituted for the last sentence of 42:4211 to eliminate unnecessary words. The word "information" is substituted for "such data" because it is more accurate. The words "in writing" and "actual" are omitted as unnecessary.
§6503. Intergovernmental financing
(a) Consistent with program purposes and with regulations of the Secretary, and in accordance with an agreement under subsection (b) entered into by the Secretary and a State—
(1) the head of an executive agency (other than the Tennessee Valley Authority) carrying out a program shall schedule transfers of funds to the State under the program so as to minimize the time elapsing between transfer of funds from the United States Treasury and the issuance or redemption of checks, warrants, or payments by other means by a State; and
(2) the State shall minimize the time elapsing between transfer of funds from the United States Treasury and the issuance or redemption of checks, warrants, or payments by other means for program purposes.
(b)(1) The Secretary shall enter into an agreement with each State to which transfers of funds are made, which establishes procedures and requirements for implementing this section.
(2) An agreement under this subsection shall—
(A) specify procedures chosen by the State for carrying out transfers of funds under the agreement;
(B) describe the process by which the Federal Government shall review and approve the implementation of the procedures specified under subparagraph (A);
(C) establish the methods to be used for calculating and documenting payments of interest pursuant to this section; and
(D) specify those types of costs directly incurred by the State for interest calculations required under this section, and require the Secretary to consider those costs in computing payments under this section.
(3) The Secretary shall issue regulations establishing procedures and requirements for implementing this section with respect to a State with which no agreement is entered into by the Secretary under paragraph (1). Such regulations shall apply to a State until such time as the Secretary enters into an agreement with the State under paragraph (1).
(c)(1) The Secretary shall issue regulations that shall require a State, when not inconsistent with program purposes, to pay interest to the United States on funds from the time funds are deposited by the United States to the State's account until the time that funds are paid out by the State in order to redeem checks or warrants or make payments by other means for program purposes. Except as provided under paragraph (3)(B) (relating to the Unemployment Trust Fund), the interest payable under this subsection shall be calculated at a rate equal to the average of the bond equivalent rates of 13-week Treasury bills auctioned during the period for which interest is calculated, as determined by the Secretary.
(2) Except as provided in paragraph (3), amounts received by the United States as payment of interest under this subsection shall be deposited in the Treasury and credited as miscellaneous receipts.
(3)(A) Amounts paid by a State under paragraph (1) as interest on funds paid to a State from a trust fund for which the Secretary is the trustee shall be credited to such trust fund.
(B) Notwithstanding any other provision of this section, amounts of interest paid by a State, on funds drawn from its account in the Unemployment Trust Fund, shall be deposited into that account and shall consist of actual interest earnings by the State, less related banking costs incurred by the State, for the period for which interest is calculated.
(d)(1) If a State disburses its own funds for program purposes in accordance with Federal law, Federal regulation, or Federal-State agreement, the State shall be entitled to interest from the time the State's funds are paid out to redeem checks or warrants, or make payments by other means, until the Federal funds are deposited to the State's bank account. The Secretary shall pay, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary for interest owed to a State under this subsection. Such interest shall be calculated, at a rate equal to the average of the bond equivalent rates of 13-week Treasury bills auctioned during the period for which interest is calculated, as determined by the Secretary.
(2) If interest is paid under this subsection as a result of a State disbursing its own funds before receiving payment from a trust fund for which the Secretary of the Treasury is the trustee, such interest shall be charged against such trust fund.
(e) The budget submitted by the President under
(f) If a State receives refunds of funds disbursed by the State under a Federal program, the State shall return those refunds to the Federal executive agency administering the program or apply those refunds to reduce the amount of funds owed by the Federal Government to the State under such program. Interest earned on such refunds shall be considered when setting overall interest obligations between the State and the Federal Government as required by this section.
(g) If the Federal Government makes a payment to a recipient under a Federal program, and a portion of the payment is an amount which the Federal Government is paying to such recipient on behalf of a State, such amount shall be considered to be a transfer of funds between the Federal Government and the State for purposes of this section.
(h) A State may not be required by a law or regulation of the United States to deposit funds received by it in a separate bank account. However, a State shall account for funds made available to the State as United States Government funds in the accounts of the State. The head of the State agency concerned shall make periodic authenticated reports to the head of the appropriate Federal executive agency on the status and the application of the funds, the liabilities and obligations on hand, and other information required by the head of the executive agency. Records related to the funds received by the State shall be made available to the head of the executive agency, the Inspector General of the executive agency, and the Comptroller General for necessary audits.
(i) The Secretary shall prescribe methods for the payment of interest under this section between the Federal Government and the States, including provisions for offsetting amounts owed by the respective parties. Such methods of payment shall require payment of interest on an annual basis and shall provide for comparable treatment in manner, technique, and timing for both the States and the Federal Government.
(j) Consistent with Federal program purposes and regulations of the Director of the Office of Management and Budget, the head of a Federal executive agency carrying out a program shall execute grant awards to States on a timely basis to assure the availability of funds to accomplish transfers in compliance with subsection (a) of this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6503(a) | 42:4213. | Oct. 16, 1968, |
| 6503(b) | 42:4212. |
In the section, the words "executive agency" are substituted for "Federal departments and agencies" because of the definition in sections 102 and 6501(3) of the revised title.
In subsection (a), the word "money" is substituted for "funds" for consistency in the section. The words "so as" and "United States" are omitted as surplus. The words "before or after" are substituted for "prior to or subsequent to" for consistency. The words "subsequent to such transfer of funds" are omitted as unnecessary the second time they are used.
In subsection (b), the words "apart from other funds administered by the state", "properly", "In each case", and "examination" are omitted as unnecessary. The word "money" is substituted for "all federal grant-in-aid funds" for consistency in the section. The words "United States Government grant money" are substituted for "Federal funds" for consistency in the revised title. The word "make" is substituted for "render", the word "periodic" is substituted for "regular", and the word "information" is substituted for "facts", for clarity. The words "or any of their duly authorized representatives" are omitted as unnecessary. The words "Records shall be made available to . . . for auditing" are substituted for "shall have access for the purpose of audit and examination to any books, documents, papers, and records" for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Treatment of Compensation or Reimbursement Paid Pursuant to Other Laws
Agreements With States
"(1)
"(2)
GAO Report
§6504. Use of existing State or multimember agency to administer grant programs
Notwithstanding a law of the United States providing that one State agency or multimember agency must be established or designated to carry out or supervise the administration of a grant program, the head of the executive agency carrying out the program may, when requested by the executive or legislative authority of the State responsible for the organizational structure of a State government—
(1) waive the one State agency or multimember agency provision on an adequate showing that the provision prevents the establishment of the most effective and efficient organizational arrangement within the State government; and
(2) approve another State administrative structure or arrangement after deciding that the objectives of the law authorizing the grant program will not be endangered by using another State structure or arrangement.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6504 | 42:4214. | Oct. 16, 1968, |
In the section, the word "agency" is substituted for "board or commission" for consistency in the revised title. Before clause (1), the words "executive agency" are substituted for "Federal department or agency" because of the definition in sections 102 and 6501(3) of the revised title. The words "appropriate" and "determining or revising" are omitted as surplus. The words "Governor or other" are omitted as covered by "executive . . . authority". In clause (2), the words "after deciding" are substituted for "Provided, That the head of the Federal department or agency determines" to eliminate unnecessary words.
§6505. Authority to provide specialized or technical services
(a) The President may prescribe statistical and other studies and compilations, development projects, technical tests and evaluations, technical information, training activities, surveys, reports, documents, and other similar services that an executive agency is especially competent and authorized by law to provide. The services prescribed must be consistent with and further the policy of the United States Government of relying on the private enterprise system to provide services reasonably and quickly available through ordinary business channels.
(b) The head of an executive agency may provide services prescribed by the President under this section to a State or local government when—
(1) written request is made by the State or local government; and
(2) payment of pay and all other identifiable costs of providing the services is made to the executive agency by the State or local government making the request.
(c) Payment received by an executive agency for providing services under this section shall be deposited to the credit of the principal appropriation from which the cost of providing the services has been paid or will be charged.
(d) The authority under this section is in addition to authority under another law in effect on October 16, 1968.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6505(a) | 42:4201(8). | Oct. 16, 1968, |
| 42:4222(proviso, words after proviso). | Oct. 16, 1968, |
|
| 6505(b) | 42:4222(words before proviso). | |
| 6505(c) | 42:4223. | |
| 6505(d) | 42:4225. |
In the section, the words "executive agency" are substituted for "Federal department or agency" and "department or agency of the executive branch of the Federal Government" because of the definition in sections 102 and 6501(3) of the revised title.
In subsection (a), the source provisions are consolidated to eliminate an unnecessary definition. The word "President" is substituted for "Director of the Office of Management and Budget" in 42:4222(proviso, words after proviso) because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (b), the word "may" is substituted for "is authorized within his discretion" for clarity and to omit unnecessary words. The words "specialized or technical services" are omitted because of consolidation of the source provisions. The words "direct or indirect" are omitted as surplus.
In subsection (c), the word "Payment" is substituted for "moneys" for consistency in the section. The words "All" and "or any bureau or other administrative division thereof" are omitted as surplus.
In subsection (d), the words "and does not supersede" are omitted as unnecessary. The words "authority under another law in effect on October 16, 1968" are substituted for "authority now possessed" for clarity. The words "by any Federal department or agency with respect to furnishing services, whether on a reimbursable or nonreimbursable basis, to State and local units of government" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Performance of Specialized or Technical Services
"(a)
"(b)
"(1) a written request describing the scope of the services to be performed and agreeing to reimburse the Corps for all costs associated with the performance of the services; and
"(2) a certification that includes adequate facts to establish that the services requested are not reasonably and quickly available through ordinary business channels.
"(c)
"(1) ensure that the requirements of subsection (b) are met with regard to the request for services; and
"(2) execute a certification that includes adequate facts to establish that the Corps is uniquely equipped to perform such services.
"(d)
"(1)
"(2)
"(A) a description of the scope of services requested;
"(B) the certifications required under subsection (b) and (c);
"(C) the status of the request;
"(D) the estimated and final cost of the services;
"(E) the status of reimbursement;
"(F) a description of the scope of services performed; and
"(G) copies of all certifications in support of the request.
"(e)
Transportation of State Prisoners
Similar provisions were contained in the following prior appropriation act:
§6506. Development assistance
(a) The economic and social development of the United States and the achievement of satisfactory levels of living depend on the sound and orderly development of urban and rural areas. When urbanization proceeds rapidly, the sound and orderly development of urban communities depends to a large degree on the social and economic health and the sound development of smaller communities and rural areas.
(b) The President shall prescribe regulations governing the formulation, evaluation, and review of United States Government programs and projects having a significant impact on area and community development (including programs and projects providing assistance to States and localities) to serve most effectively the basic objectives of subsection (a) of this section. The regulations shall provide for the consideration of concurrently achieving the following specific objectives and, to the extent authorized by law, reasoned choices shall be made between the objectives when they conflict:
(1) appropriate land uses for housing, commercial, industrial, governmental, institutional, and other purposes.
(2) wise development and conservation of all natural resources.
(3) balanced transportation systems, including highway, air, water, pedestrian, mass transit, and other means to move people and goods.
(4) adequate outdoor recreation and open space.
(5) protection of areas of unique natural beauty and historic and scientific interest.
(6) properly planned community facilities (including utilities for supplying power, water, and communications) for safely disposing of wastes, and for other purposes.
(7) concern for high standards of design.
(c) To the extent possible, all national, regional, State, and local viewpoints shall be considered in planning development programs and projects of the United States Government or assisted by the Government. State and local government objectives and the objectives of regional organizations shall be considered within a framework of national public objectives expressed in laws of the United States. Available projections of future conditions in the United States and needs of regions, States, and localities shall be considered in plan formulation, evaluation, and review.
(d) To the maximum extent possible and consistent with national objectives, assistance for development purposes shall be consistent with and further the objectives of State, regional, and local comprehensive planning. Consideration shall be given to all developmental aspects of our total national community, including housing, transportation, economic development, natural and human resources development, community facilities, and the general improvement of living environments.
(e) To the maximum extent practicable, each executive agency carrying out a development assistance program shall consult with and seek advice from all other significantly affected executive agencies in an effort to ensure completely coordinated programs. To the extent possible, systematic planning required by individual United States Government programs (such as highway construction, urban renewal, and open space) shall be coordinated with and, to the extent authorized by law, made part of comprehensive local and areawide development planning.
(f) When a law of the United States provides that both a special-purpose unit of local government and a unit of general local government are eligible to receive a loan or grant, the head of an executive agency shall make the loan or grant to the unit of general local government instead of the special-purpose unit of local government in the absence of substantial reasons to the contrary.
(g) The President may designate an executive agency to prescribe regulations to carry out this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6506(a) | 42:4231(a)(1st, 2d sentences). | Oct. 16, 1968, |
| 6506(b) | 42:4231(a)(3d–last sentences). | |
| 6506(c) | 42:4231(b). | |
| 6506(d) | 42:4231(c). | |
| 6506(e) | 42:4231(d), (e). | |
| 6506(f) | 42:4232. | |
| 6506(g) | 42:4233. |
In subsection (a), the words "United States" are substituted for "the Nation" for consistency. The word "When" is substituted for "in a time" for clarity.
In subsection (b), before clause (1), the word "therefore" is omitted as unnecessary. The word "regulations" is substituted for "rules and regulations" for consistency in the revised title and with other titles of the United States Code. In clause (2), the words "all natural resources" are substituted for "natural resources, including land, water, minerals, wildlife, and others" to eliminate unnecessary words.
In subsection (c), the words "fully", "taken into account", and "evaluated" are omitted as surplus. The words "development programs and projects of the United States Government or assisted by the Government" are substituted for "Federal or federally assisted development programs and projects", and the words "laws of the United States" are substituted for "Federal law", for consistency in the revised title.
In subsection (d), the word "assistance" is substituted for "federal aid" because of the definition in section 6501(1) of the revised title.
In subsection (e), the words "executive agency" are substituted for "Federal department and agency" and "Federal departments and agencies" because of the definition in sections 102 and 6501(3) of the revised title. The words "To the extent" are substituted for "Insofar as" for consistency.
In subsection (f), the words "law of the United States" are substituted for "Federal law" for consistency.
In subsection (g), the words "Office of Management and Budget . . . other" are omitted as surplus.
Executive Documents
Ex. Ord. No. 12372. Intergovernmental Review of Federal Programs
Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended by Ex. Ord. No. 12416, Apr. 8, 1983, 48 F.R. 15587, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 401(a) of the Intergovernmental Cooperation Act of 1968 (
(a) Utilize the State process to determine official views of State and local elected officials.
(b) Communicate with State and local elected officials as early in the program planning cycle as is reasonably feasible to explain specific plans and actions.
(c) Make efforts to accommodate State and local elected officials' concerns with proposed Federal financial assistance and direct Federal development that are communicated through the designated State process. For those cases where the concerns cannot be accommodated, Federal officials shall explain the bases for their decision in a timely manner.
(d) Allow the States to simplify and consolidate existing Federally required State plan submissions. Where State planning and budgeting systems are sufficient and where permitted by law, the substitution of State plans for Federally required State plans shall be encouraged by the agencies.
(e) Seek the coordination of views of affected State and local elected officials in one State with those of another State when proposed Federal financial assistance or direct Federal development has an impact on interstate metropolitan urban centers or other interstate areas. Existing interstate mechanisms that are redesignated as part of the State process may be used for this purpose.
(f) Support State and local governments by discouraging the reauthorization or creation of any planning organization which is Federally-funded, which has a Federally-prescribed membership, which is established for a limited purpose, and which is not adequately representative of, or accountable to, State or local elected officials.
(b) At the discretion of the State and local elected officials, the State process may exclude certain Federal programs from review and comment.
(b) The rules and regulations which result from the process indicated in Section 5(a) above shall replace any current rules and regulations and become effective September 30, 1983.
Ronald Reagan.
§6507. Congressional review of grant programs
(a) The committees of Congress having jurisdiction over a grant program authorized by a law of the United States without a specified expiration date for the program shall study the program. The committees may conduct studies separately or jointly and shall report the results of their findings to their respective Houses of Congress not later than the end of each period specified in subsection (b) of this section. The committees shall give special attention to—
(1) the extent to which the purposes of the grants have been met;
(2) the extent to which the objective of the program can be carried on without further assistance;
(3) whether a change in the purpose, direction, or administration of the original program, or in procedures and requirements applicable to the program, should be made; and
(4) the extent to which the program is adequate to meet the growing and changing needs that it was designed to support.
(b)(1) A study under subsection (a) of this section of a grant program authorized by a law of the United States enacted before October 16, 1968, shall be conducted before the end of each 4th calendar year after the year during which a study of the program was last conducted under this section.
(2) A study under subsection (a) of this section of a grant program authorized by a law of the United States enacted after October 16, 1968, shall be conducted before the end of the 4th calendar year after the year of enactment of the law and before the end of each 4th calendar year thereafter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6507(a) | 42:4241(a). | Oct. 16, 1968, |
| 6507(b) | 42:4241(b). |
In the section, the words "law of the United States" are substituted for "Act of Congress" for clarity. The word "grants" is substituted for "grants-in-aid", and the words "grant program" are substituted for "grant-in-aid program", for consistency in the chapter.
In subsection (a), before clause (1), the words "grant program" are substituted for "program under which such grants-in-aid are made" for consistency in the chapter and to eliminate unnecessary words. The words "committees of Congress" are substituted for "Committee of the Senate and the House of Representatives" for consistency in the revised title and with other titles of the United States Code. The words "The committees may conduct" are added for clarity. The word "report" is substituted for "advise" for clarity. In clause (2), the word "assistance" is substituted for "financial assistance from the United States" because of the definition in section 6501(1) of the revised title.
In subsection (b), the words "prior to the expiration of the fourth calendar year beginning after October 16, 1968, and thereafter" are omitted as executed.
§6508. Studies and reports
(a)(1) When requested by a committee of Congress having jurisdiction over a grant program, the Comptroller General shall study the program. The study shall include a review of—
(A) the extent to which—
(i) the program conflicts with or duplicates other grant programs; and
(ii) more effective, efficient, economical, and uniform administration of the program may be achieved by changing the requirements and procedures applicable to it; and
(B) budgetary, accounting, reporting, and administrative procedures of the program.
(2) The Comptroller General shall submit to Congress a report on a study made under this subsection and any recommendations. To the extent practicable, a report on an expiring program shall be submitted in the year before the year in which a program ends.
(b)(1) When requested by a committee of Congress having jurisdiction over a grant program, the Advisory Commission on Intergovernmental Relations shall study the intergovernmental relations aspects of the program, including—
(A) the impact of the program on the structural organization of States and local governments and on Federal-State-local fiscal relations; and
(B) the coordination of administration of the program by the United States Government and State and local governments.
(2) The Commission shall submit to the committee requesting the study and to Congress a report and any recommendations.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6508(a) | 42:4242. | Oct. 16, 1968, |
| 6508(b) | 42:4243. |
In the section, the words "of Congress" are added for clarity. The words "grant program" are substituted for "grant-in-aid program" for consistency in the chapter.
In subsection (a)(1), before clause (A), the words "The study shall include a review of" are substituted for "to determine" for clarity. In clause (B), the words "among other relevant matters" are omitted as unnecessary.
In subsection (b)(1)(B), the words "administration of the program by the United States Government" are substituted for "Federal administration" for consistency in the revised title.
In subsection (b)(2), the words "requesting the study" are added for clarity.
CHAPTER 67 —FEDERAL PAYMENTS
Editorial Notes
Prior Provisions
A prior
§6701. Payments to local governments
(a)
(1)
(2)
(A) education to prevent crime;
(B) substance abuse treatment to prevent crime; or
(C) job programs to prevent crime.
(3)
(b)
(c)
(1)
(2)
(d)
(e)
(1)
(A) paid to the unit from amounts appropriated under the authority of this section; and
(B) not expended by the unit within one year after receipt from the Secretary.
(2)
(3)
(f)
(1)
(A) small business concerns controlled by socially and economically disadvantaged individuals and women;
(B) historically Black colleges and universities and colleges and universities having a student body in which more than 20 percent of the students are Hispanic Americans or Native Americans; and
(C) qualified HUBZone small business concerns.
(2)
(3)
(A) the term "small business concern" has the meaning such term has under section 3 of the Small Business Act;
(B) the term "socially and economically disadvantaged individuals" has the meaning such term has under section 8(d) of the Small Business Act and relevant subcontracting regulations promulgated pursuant to that section; and
(C) the term "qualified HUBZone small business concern" has the meaning given that term in section 3(p) 1 of the Small Business Act (
(g)
(1)
(2)
(Added
Editorial Notes
References in Text
Sections 3 and 8(d) of the Small Business Act, referred to in subsec. (f)(3), are classified to sections 632 and 637(d), respectively, of Title 15, Commerce and Trade. Section 3(p) of the Act was redesignated as section 31(b) by
Prior Provisions
A prior section 6701,
Amendments
1997—Subsec. (f)(1)(C).
Subsec. (f)(3)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
Regulations
1 See References in Text note below.
2 So in original. Probably should be "632(p)".
§6702. Local Government Fiscal Assistance Fund
(a)
(b)
(1) $270,000,000 for fiscal year 1996;
(2) $283,500,000 for fiscal year 1997;
(3) $355,500,000 for fiscal year 1998;
(4) $355,500,000 for fiscal year 1999; and
(5) $355,500,000 for fiscal year 2000.
Such sums are to remain available until expended.
(c)
(Added
Editorial Notes
Prior Provisions
A prior section 6702,
Statutory Notes and Related Subsidiaries
Deficit Neutrality
§6703. Qualification for payment
(a)
(1) The Drug Abuse Resistance Education Program under section 5122 of the Elementary and Secondary Education Act of 1965.
(2) The National Youth Sports Program under section 682 of the Community Services Block Grant Act (
(3) The Gang Resistance Education and Training Program under the Act entitled "An Act making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 1991, and for other purposes", approved November 5, 1990 (
(4) Programs under title I of the Workforce Innovation and Opportunity Act.
(5) Programs under subtitle C of title I of the National and Community Service Act of 1990 (
(6) Programs under the School to Work Opportunities Act (
(7) Substance Abuse Treatment and Prevention programs authorized under title V or XIX of the Public Health Services Act (
(8) Programs under the Head Start Act (
(9) Programs under part A or B of
(10) The TRIO programs under part A of title IV of the Higher Education Act of 1965 (
(11) Programs under the National Literacy Act of 1991.
(12) Programs under the Carl D. Perkins Career and Technical Education Act of 2006 (
(13) The demonstration partnership programs including the community initiative targeted to minority youth under section 203 1 of the Human Services Reauthorization Act of 1994 (
(14) The runaway and homeless youth program and the transitional living program for homeless youth under title III of the Juvenile Justice and Delinquency Prevention Act (
(15) After-school activities for school aged children under the Child Care and Development Block Grant Act (
(16) The community-based family resource programs under section 401 1 of the Human Services Reauthorization Act of 1994 (
(17) The family violence programs under the Child Abuse Prevention and Treatment Act Amendments of 1984.
(18) Job training programs administered by the Department of Agriculture, the Department of Defense, or the Department of Housing and Urban Development.
(b)
(c)
(1)
(2)
(d)
(1) the government will establish a trust fund in which the government will deposit all payments received under this chapter;
(2) the government will use amounts in the trust fund (including interest) during a reasonable period;
(3) the government will expend the payments so received, in accordance with the laws and procedures that are applicable to the expenditure of revenues of the government;
(4) if at least 25 percent of the pay of individuals employed by the government in a public employee occupation is paid out of the trust fund, individuals in the occupation any part of whose pay is paid out of the trust fund will receive pay at least equal to the prevailing rate of pay for individuals employed in similar public employee occupations by the government;
(5) all laborers and mechanics employed by contractors or subcontractors in the performance of any contract and subcontract for the repair, renovation, alteration, or construction, including painting and decorating, of any building or work that is financed in whole or in part by a grant under this title, shall be paid wages not less than those determined by the Secretary of Labor in accordance with
(6) the government will use accounting, audit, and fiscal procedures that conform to guidelines which shall be prescribed by the Secretary. As applicable, amounts received under this chapter shall be audited in compliance with the Single Audit Act of 1984;
(7) after reasonable notice to the government, the government will make available to the Secretary and the Comptroller General of the United States, with the right to inspect, records the Secretary reasonably requires to review compliance with this chapter or the Comptroller General of the United States reasonably requires to review compliance and operations under section 6718(b);
(8) the government will make reports the Secretary reasonably requires, in addition to the annual reports required under section 6719(b); and
(9) the government will spend the funds only for the purposes set forth in section 6701(a)(2).
(e)
(f)
(1)
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (d) and regulations prescribed under subsection (d).
(2)
(3)
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (d) and regulations prescribed under subsection (d).
(Added
Editorial Notes
References in Text
The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(1), (9), is
Section 682 of the Community Services Block Grant Act, referred to in subsec. (a)(2), which was classified to
The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(4), is
The National and Community Service Act of 1990, referred to in subsec. (a)(5), is
The School to Work Opportunities Act, referred to in subsec. (a)(6), probably means the School-to-Work Opportunities Act of 1994,
The Public Health Services Act, referred to in subsec. (a)(7), probably means the Public Health Service Act, act July 1, 1944, ch. 373,
The Head Start Act, referred to in subsec. (a)(8), is subchapter B (§§635–657) of
The Higher Education Act of 1965, referred to in subsec. (a)(10), is
The National Literacy Act of 1991, referred to in subsec. (a)(11), is
The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (a)(12), is
Sections 203 and 401 of the Human Services Reauthorization Act of 1994 (
The Juvenile Justice and Delinquency Prevention Act, referred to in subsec. (a)(14), probably means the Juvenile Justice and Delinquency Prevention Act of 1974,
The Child Care and Development Block Grant Act, referred to in subsec. (a)(15), probably means the Child Care and Development Block Grant Act of 1990, subchapter C (§658A et seq.) of
The Child Abuse Prevention and Treatment Act Amendments of 1984, referred to in subsec. (a)(17), probably means the Child Abuse Amendments of 1984,
Reorganization Plan No. 14 of 1950, referred to in subsec. (d)(5), is set out in the Appendix to Title 5, Government Organization and Employees.
The Single Audit Act of 1984, referred to in subsec. (d)(6), is
Prior Provisions
A prior section 6703,
Amendments
2014—Subsec. (a)(4).
2006—Subsec. (a)(12).
2002—Subsec. (d)(5).
1998—Subsec. (a)(4).
Subsec. (a)(15) to (19).
1996—Subsec. (d)(6).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(c)(3), (d)(27)] of
1 See References in Text note below.
§6704. State area allocations; allocations and payments to territorial governments
(a)
(1) determine the amount allocated to the State under subsection (b) or (c) of this section and allocate the larger amount to the State; and
(2) allocate the amount allocated to the State to units of general local government in the State under sections 6705 and 6706.
(b)
(1)
(A) the population of the State, multiplied by the general tax effort factor of the State (determined under paragraph (2)), multiplied by the relative income factor of the State (determined under paragraph (3)), multiplied by the relative rate of the labor force unemployed in the State (determined under paragraph (4)); bears to
(B) the sum of the products determined under subparagraph (A) of this paragraph for all States.
(2)
(A) the net amount of State and local taxes of the State collected during the year 1991 as reported by the Bureau of the Census in the publication Government Finances 1990–1991; divided by
(B) the total income of individuals, as determined by the Secretary of Commerce for national accounts purposes for 1992 as reported in the publication Survey of Current Business (August 1993), attributed to the State for the same year.
(3)
(A) the numerator is the per capita income of the United States; and
(B) the denominator is the per capita income of the State.
(4)
(A) the numerator is the percentage of the labor force of the State that is unemployed in the calendar year preceding the payment period (as determined by the Secretary of Labor for general statistical purposes); and
(B) the denominator is the percentage of the labor force of the United States that is unemployed in the calendar year preceding the payment period (as determined by the Secretary of Labor for general statistical purposes).
(c)
(1) $1,166,666,667 were allocated among the States on the basis of population by allocating to each State an amount bearing the same ratio to the total amount to be allocated under this paragraph as the population of the State bears to the population of all States;
(2) $1,166,666,667 were allocated among the States on the basis of population inversely weighted for per capita income, by allocating to each State an amount bearing the same ratio to the total amount to be allocated under this paragraph as—
(A) the population of the State, multiplied by a fraction in which—
(i) the numerator is the per capita income of all States; and
(ii) the denominator is the per capita income of the State; bears to
(B) the sum of the products determined under subparagraph (A) for all States;
(3) $600,000,000 were allocated among the States on the basis of income tax collections by allocating to each State an amount bearing the same ratio to the total amount to be allocated under this paragraph as the income tax amount of the State (determined under subsection (d)(1)) bears to the sum of the income tax amounts of all States;
(4) $600,000,000 were allocated among the States on the basis of general tax effort by allocating to each State an amount bearing the same ratio to the total amount to be allocated under this paragraph as the general tax effort amount of the State (determined under subsection (d)(2)) bears to the sum of the general tax effort amounts of all States;
(5) $600,000,000 were allocated among the States on the basis of unemployment by allocating to each State an amount bearing the same ratio to the total amount to be allocated under this paragraph as—
(A) the labor force of the State, multiplied by a fraction in which—
(i) the numerator is the percentage of the labor force of the State that is unemployed in the calendar year preceding the payment period (as determined by the Secretary of Labor for general statistical purposes); and
(ii) the denominator is the percentage of the labor force of the United States that is unemployed in the calendar year preceding the payment period (as determined by the Secretary of Labor for general statistical purposes)
bears to
(B) the sum of the products determined under subparagraph (A) for all States; and
(6) $1,166,666,667 were allocated among the States on the basis of urbanized population by allocating to each State an amount bearing the same ratio to the total amount to be allocated under this paragraph as the urbanized population of the State bears to the urbanized population of all States. In this paragraph, the term "urbanized population" means the population of an area consisting of a central city or cities of at least 50,000 inhabitants and the surrounding closely settled area for the city or cities considered as an urbanized area as published by the Bureau of the Census for 1990 in the publication General Population Characteristics for Urbanized Areas.
(d)
(1)
(2)
(A) the net amount of State and local taxes of the State collected during the year 1991 as reported in the Bureau of 1 Census in the publication Government Finances 1990–1991; and
(B) the general tax effort factor of the State determined under subsection (b)(2).
(e)
(1)
(B) For the purposes of this paragraph, the applicable territorial percentage of a territory is equal to the quotient resulting from the division of the territorial population of such territory by the sum of the territorial population for all territories.
(2)
(3)
(A) the term "territorial government" means the government of a territory;
(B) the term "territory" means Puerto Rico, Guam, American Samoa, and the Virgin Islands; and
(C) the term "territorial population" means the most recent population for each territory as determined by the Bureau of 1 Census.
(Added
Editorial Notes
Prior Provisions
A prior section 6704,
1 So in original. Probably should be "of the".
§6705. Local government allocations
(a)
(b)
(c)
(1)
(2)
(A) the population of the unit, multiplied by the general tax effort factor of the unit (determined under paragraph (3)), multiplied by the income gap of the unit (determined under paragraph (4)), bears to
(B) the sum of the products determined under subparagraph (A) for all units in the State for which the income gap for that portion under paragraph (4) is greater than zero.
(3)
(i) the adjusted taxes of the unit; divided by
(ii) the total income attributed to the unit.
(B) If the amount determined under subparagraphs (A)(i) and (ii) for a unit of general local government is less than zero, the general tax effort factor of the unit is deemed to be zero.
(C)(i) Except as otherwise provided in this subparagraph, for the payment period beginning October 1, 1994, the adjusted taxes of a unit of general local government are the taxes imposed by the unit for public purposes (except employee and employer assessments and contributions to finance retirement and social insurance systems and other special assessments for capital outlay), as determined by the Bureau of the Census for the 1987 Census of Governments and adjusted as follows:
(I) Adjusted taxes equals total taxes times a fraction in which the numerator is the sum of unrestricted revenues and revenues dedicated for spending on education minus total education spending and the denominator is total unrestricted revenues.
(II) Total taxes is the sum of property tax; general sales tax; alcoholic beverage tax; amusement tax; insurance premium tax; motor fuels tax; parimutuels tax; public utilities tax; tobacco tax; other selective sales tax; alcoholic beverage licenses, amusement licenses; corporation licenses, hunting and fishing licenses; motor vehicle licenses; motor vehicle operator licenses; public utility licenses; occupation and business licenses, not elsewhere classified; other licenses, individual income tax; corporation net income tax; death and gift tax; documentary and stock transfer tax; severance tax; and taxes not elsewhere classified.
(III) Unrestricted revenues is the sum of total taxes and intergovernmental revenue from Federal Government, general revenue sharing; intergovernmental revenue from Federal Government, other general support; intergovernmental revenue from Federal Government, other; intergovernmental revenue from State government, other general support; intergovernmental revenue from State government, other; intergovernmental revenue from local governments, other general support; intergovernmental revenue from local governments, other; miscellaneous general revenue, property sale-housing and community development; miscellaneous general revenue, property sale-other property; miscellaneous general revenue, interest earnings on investments; miscellaneous general revenue, fines and forfeits; miscellaneous general revenue, rents; miscellaneous general revenues, royalties; miscellaneous general revenue, donations from private sources; miscellaneous general revenue, net lottery revenue (after prizes and administrative expenses); miscellaneous general revenue, other miscellaneous general revenue; and all other general charges, not elsewhere classified.
(IV) Revenues dedicated for spending on education is the sum of elementary and secondary education, school lunch; elementary and secondary education, tuition; elementary and secondary education, other; higher education, auxiliary enterprises; higher education, other; other education, not elsewhere classified; intergovernmental revenue from Federal Government, education; intergovernmental revenue from State government, education; intergovernmental revenue from local governments, interschool system revenue; intergovernmental revenue from local governments, education; interest earnings, higher education; interest earnings, elementary and secondary education; miscellaneous revenues, higher education; and miscellaneous revenues, elementary and secondary education.
(V) Total education spending is the sum of elementary and secondary education, current operations; elementary and secondary education, construction; elementary and secondary education, other capital outlays; elementary and secondary education, to State governments; elementary and secondary education, to local governments, not elsewhere classified; elementary and secondary education, to counties; elementary and secondary education, to municipalities; elementary and secondary education, to townships; elementary and secondary education, to school districts; elementary and secondary education, to special districts; higher education-auxiliary enterprises, current operations; higher education-auxiliary enterprises, construction; higher education, auxiliary enterprises, other capital outlays; other higher education, current operations; other higher education, construction; other higher education, other capital outlays; other higher education, to State government; other higher education, to local governments, not elsewhere classified; other higher education, to counties; other higher education, to municipalities; other higher education, to townships; other higher education, to school districts; other higher education, to special districts; education assistance and subsidies; education, not elsewhere classified, current operations; education, not elsewhere classified, construction 2 education, not elsewhere classified, other capital outlays; education, not elsewhere classified, to State government; education, not elsewhere classified, to local governments, not elsewhere classified; education, not elsewhere classified, to counties; education, not elsewhere classified, to municipalities; education, not elsewhere classified, to townships; education, not elsewhere classified, to school districts; education, not elsewhere classified, to special districts; and education, not elsewhere classified, to Federal Government.
(VI) If the amount of adjusted taxes is less than zero, the amount of adjusted tax shall be deemed to be zero.
(VII) If the amount of adjusted taxes exceeds the amount of total taxes, the amount of adjusted taxes is deemed to equal the amount of total taxes.
(ii) The Secretary shall, for purposes of clause (i), include that part of sales taxes transferred to a unit of general local government that are imposed by a county government in the geographic area of which is located the unit of general local government as taxes imposed by the unit for public purposes if—
(I) the county government transfers any part of the revenue from the taxes to the unit of general local government without specifying the purpose for which the unit of general local government may expend the revenue; and
(II) the chief executive officer of the State notifies the Secretary that the taxes satisfy the requirements of this clause.
(iii) The adjusted taxes of a unit of general local government shall not exceed the maximum allowable adjusted taxes for that unit.
(iv) The maximum allowable adjusted taxes for a unit of general local government is the allowable adjusted taxes of the unit minus the excess adjusted taxes of the unit.
(v) The allowable adjusted taxes of a unit of general government is the greater of—
(I) the amount equal to 2.5, multiplied by the per capita adjusted taxes of all units of general local government of the same type in the State, multiplied by the population of the unit; or
(II) the amount equal to the population of the unit, multiplied by the sum of the adjusted taxes of all units of municipal local government in the State, divided by the sum of the populations of all the units of municipal local government in the State.
(vi) The excess adjusted taxes of a unit of general local government is the amount equal to—
(I) the adjusted taxes of the unit, minus
(II) 1.5 multiplied by the allowable adjusted taxes of the unit;
except that if this amount is less than zero then the excess adjusted taxes of the unit is deemed to be zero.
(vii) For purposes of this subparagraph—
(I) the term "per capita adjusted taxes of all units of general local government of the same type" means the sum of the adjusted taxes of all units of general local government of the same type divided by the sum of the populations of all units of general local government of the same type; and
(II) the term "units of general local government of the same type" means all townships if the unit of general local government is a township, all municipalities if the unit of general local government is a municipality, all counties if the unit of general local government is a county, or all unified city/county governments if the unit of general local government is a unified city/county government.
(4)
(i) the number which applies under section 6706, multiplied by the per capita income of the State in which the unit is located; minus
(ii) the per capita income of the geographic area of the unit.
(B) If the amount determined under subparagraph (A) for a unit of general local government is less than zero, then the relative income factor of the unit is deemed to be zero.
(d)
(Added
Editorial Notes
Prior Provisions
A prior section 6705,
1 So in original. Probably should be capitalized.
2 So in original. Probably should be followed by a semicolon.
§6706. Income gap multiplier
For purposes of determining the income gap of a unit of general local government under section 6705(b)(4)(A),1 the number which applies is—
(1) 1.6, with respect to ½ of any amount allocated under section 6704 to the State in which the unit is located; and
(2) 1.2, with respect to the remainder of such amount.
(Added
Editorial Notes
Prior Provisions
A prior section 6706,
1 So in original. Probably should be section "6705(c)(4)(A),".
§6707. State variation of local government allocations
(a)
(1) provide for allocating the total amount allocated under sections 6705(a) and (b); 1 and
(2) apply uniformly in the State.
(b)
(Added
Editorial Notes
Prior Provisions
A prior section 6707,
1 So in original. Probably should be "section 6705(a) and (c)".
§6708. Adjustments of local government allocations
(a)
(b)
(c)
(d)
(1)
(A) shall not be paid to the tribe or village (except under paragraph (2)); and
(B) shall be aggregated with other such amounts and available for use by the Attorney General under paragraph (2).
(2)
(A) programs described in section 6701(a)(2); or
(B) renovating or building prisons or other correctional facilities.
(Added
Editorial Notes
Prior Provisions
A prior section 6708,
1 So in original. Probably should be section "6705(c)(3)."
2 So in original. Probably should be capitalized.
3 So in original. Probably should not be capitalized.
4 So in original. Probably should be "villages".
§6709. Information used in allocation formulas
(a)
(b)
(Added
Editorial Notes
Prior Provisions
A prior section 6709,
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
§6710. Public participation
(a)
(1)
(2)
(b)
(1)
(A) make available for inspection by the public at the principal office of the government a statement of the proposed use of the payment and a summary of the proposed budget of the government; and
(B) publish in at least one newspaper of general circulation the proposed use of the payment with the summary of the proposed budget and a notice of the time and place of the hearing.
(2)
(A) make available for inspection by the public at the principal office of the government a summary of the adopted budget, including the proposed use of the payment; and
(B) publish in at least one newspaper of general circulation a notice that the information referred to in subparagraph (A) is available for inspection.
(c)
(1) under subsection (a)(1) may be waived if the budget process required under the applicable State or local law or charter provisions—
(A) ensures the opportunity for public attendance and participation contemplated by subsection (a); and
(B) includes a hearing on the proposed use of a payment received under this chapter in relation to the entire budget of the government; and
(2) under subsection (b)(1)(B) and paragraph (2)(B) may be waived if the cost of publishing the information would be unreasonably burdensome in relation to the amount allocated to the government from amounts available for payment under this chapter, or if publication is otherwise impracticable.
(d)
(Added
Editorial Notes
Prior Provisions
A prior section 6710,
§6711. Prohibited discrimination
(a)
(b)
(1) A prohibition against discrimination because of age under the Age Discrimination Act of 1975.
(2) A prohibition against discrimination against an otherwise qualified handicapped individual under section 504 of the Rehabilitation Act of 1973.
(3) A prohibition against discrimination because of religion, or an exemption from that prohibition, under the Civil Rights Act of 1964 or title VIII of the Act of April 11, 1968 (popularly known as the Civil Rights Act of 1968).
(c)
(d)
(1) describe the cooperative efforts to be taken (including sharing civil rights enforcement personnel and resources) to obtain compliance with this section; and
(2) provide for notifying immediately the Secretary of actions brought by the United States Government or State agencies against a unit of general local government alleging a violation of a civil rights law or a regulation prescribed under a civil rights law.
(Added
Editorial Notes
References in Text
The Age Discrimination Act of 1975, referred to in subsec. (b)(1), is title III of
Section 504 of the Rehabilitation Act of 1973, referred to in subsec. (b)(2), is classified to
The Civil Rights Act of 1964, referred to in subsec. (b)(3), is
Title VIII of the Act of April 11, 1968, referred to in subsec. (b)(3), is title VIII of
Prior Provisions
A prior section 6711,
§6712. Discrimination proceedings
(a)
(b)
(1) a person in the United States has been excluded or denied benefits of, or discriminated against under, the program or activity of the government, in violation of section 6711(a);
(2) the program or activity of the government violated a prohibition described in section 6711(b); and
(3) any part of that program or activity has been paid for with a payment received under this chapter.
(c)
(1) enters into a compliance agreement under section 6714; or
(2) requests a proceeding under subsection (d)(1).
(d)
(1)
(2)
(A) not complied with section 6711(a) or (b), the judge may order payments to the government under this chapter terminated; or
(B) complied with section 6711(a) or (b), a suspension under section 6713(a)(1)(A) shall be discontinued promptly.
(3)
(e)
(Added
Editorial Notes
Prior Provisions
A prior section 6712,
§6713. Suspension and termination of payments in discrimination proceedings
(a)
(1)
(A) if an administrative law judge appointed under
(B) if the administrative law judge decides at the end of the proceeding that the government has not complied with section 6711(a) or (b), unless the government makes a compliance agreement under section 6714 by the 30th day after the decision; or
(C) if required under section 6712(c).
(2)
(b)
(c)
(1) as of the time of, and under the conditions stated in—
(A) the approval by the Secretary of a compliance agreement under section 6714(a)(1); or
(B) a compliance agreement entered into by the Secretary under section 6714(a)(2);
(2) if the government complies completely with an order of a United States court, a State court, or administrative law judge that covers all matters raised in a notice of noncompliance submitted by the Secretary under section 6712(a);
(3) if a United States court, a State court, or an administrative law judge decides (including a judge in a proceeding under section 6712(d)(1)), that the government has complied with sections 1 6711(a) and (b); or
(4) if a suspension is discontinued under subsection (b).
(d)
(e)
(Added
Editorial Notes
Prior Provisions
A prior section 6713,
1 So in original. Probably should be "section".
§6714. Compliance agreements
(a)
(1) approved by the Secretary, between the governmental authority responsible for prosecuting a claim or complaint that is the basis of a holding of discrimination and the chief executive officer of the unit of general local government that has not complied with section 6711(a) or (b); or
(2) between the Secretary and the chief executive officer.
(b)
(1) shall state the conditions the unit of general local government has agreed to comply with that would satisfy the obligations of the government under sections 1 6711(a) and (b);
(2) shall cover each matter that has been found not to comply, or would not comply, with section 6711(a) or (b); and
(3) may be a series of agreements that dispose of those matters.
(c)
(Added
Editorial Notes
Prior Provisions
A prior section 6714,
1 So in original. Probably should be "section".
§6715. Enforcement by the Attorney General of prohibitions on discrimination
The Attorney General may bring a civil action in an appropriate district court of the United States against a unit of general local government that the Attorney General has reason to believe has engaged or is engaging in a pattern or practice in violation of section 6711(a) or (b). The court may grant—
(1) a temporary restraining order;
(2) an injunction; or
(3) an appropriate order to ensure enjoyment of rights under section 6711(a) or (b), including an order suspending, terminating, or requiring repayment of, payments under this chapter or placing additional payments under this chapter in escrow pending the outcome of the action.
(Added
Editorial Notes
Prior Provisions
A prior section 6715,
§6716. Civil action by a person adversely affected
(a)
(b)
(1) issues a decision that the government has not failed to comply with this chapter; or
(2) does not issue a decision on the complaint.
(c)
(1) may grant—
(A) a temporary restraining order;
(B) an injunction; or
(C) another order, including suspension, termination, or repayment of, payments under this chapter or placement of additional payments under this chapter in escrow pending the outcome of the action; and
(2) to enforce compliance with section 6711(a) or (b), may allow a prevailing party (except the United States Government) a reasonable attorney's fee.
(d)
(Added
Editorial Notes
Prior Provisions
A prior section 6716,
§6717. Judicial review
(a)
(b)
(c)
(d)
(Added
Editorial Notes
Prior Provisions
A prior section 6717,
§6718. Investigations and reviews
(a)
(1)
(A) carry out an investigation and make a finding after receiving a complaint referred to in section 6716(b), a determination by a State or local administrative agency, or other information about a possible violation of this chapter;
(B) carry out audits and reviews (including investigations of allegations) about possible violations of this chapter; and
(C) advise a complainant of the status of an audit, investigation, or review of an allegation by the complainant of a violation of section 6711(a) or (b) or other provision of this chapter.
(2)
(b)
(Added
Editorial Notes
Prior Provisions
A prior section 6718,
Amendments
1996—Subsec. (b).
§6719. Reports
(a)
(1) the status and operation of the Local Government Fiscal Assistance Fund during the prior fiscal year; and
(2) the administration of this chapter, including a complete and detailed analysis of—
(A) actions taken to comply with sections 6711 through 6715, including a description of the kind and extent of noncompliance and the status of pending complaints;
(B) the extent to which units of general local government receiving payments under this chapter have complied with the requirements of this chapter;
(C) the way in which payments under this chapter have been distributed in the jurisdictions receiving payments; and
(D) significant problems in carrying out this chapter and recommendations for legislation to remedy the problems.
(b)
(1)
(A) the amounts and purposes for which the payment has been appropriated, expended, or obligated in the fiscal year;
(B) the relationship of the payment to the relevant functional items in the budget of the government; and
(C) the differences between the actual and proposed use of the payment.
(2)
(Added
Editorial Notes
Prior Provisions
A prior section 6719,
§6720. Definitions, application, and administration
(a)
(1) "unit of general local government" means—
(A) a county, township, city, or political subdivision of a county, township, or city, that is a unit of general local government as determined by the Secretary of Commerce for general statistical purposes; and
(B) the District of Columbia and the recognized governing body of an Indian tribe or Alaskan Native village that carries out substantial governmental duties and powers;
(2) "payment period" means each 1-year period beginning on October 1 of the years 1994 through 2000;
(3) "State and local taxes" means taxes imposed by a State government or unit of general local government or other political subdivision of a State government for public purposes (except employee and employer assessments and contributions to finance retirement and social insurance systems and other special assessments for capital outlay) as determined by the Secretary of Commerce for general statistical purposes;
(4) "State" means any of the several States and the District of Columbia;
(5) "income" means the total money income received from all sources as determined by the Secretary of Commerce for general statistical purposes, which for units of general local government is reported by the Bureau of the Census for 1990 in the publication Summary Social, Economic, and Housing Characteristics;
(6) "per capita income" means—
(A) in the case of the United States, the income of the United States divided by the population of the United States;
(B) in the case of a State, the income of that State, divided by the population of that State; and
(C) in the case of a unit of general local government, the income of that unit of general local government divided by the population of the unit of general local government;
(7) "finding of discrimination" means a decision by the Secretary about a complaint described in section 6716(b), a decision by a State or local administrative agency, or other information (under regulations prescribed by the Secretary) that it is more likely than not that a unit of general local government has not complied with section 6711(a) or (b);
(8) "holding of discrimination" means a holding by a United States court, a State court, or an administrative law judge appointed under
(A) excluded a person in the United States from participating in, denied the person the benefits of, or subjected the person to discrimination under, a program or activity because of race, color, national origin, or sex; or
(B) violated a prohibition against discrimination described in section 6711(b); and
(9) "Secretary" means the Secretary of Housing and Urban Development.
(b)
(c)
(d)
(Added
Editorial Notes
Prior Provisions
Prior sections 6720 to 6724 were repealed by
Section 6720,
Section 6721,
Section 6722,
Section 6723,
Section 6724,
CHAPTER 69 —PAYMENT FOR ENTITLEMENT LAND
Editorial Notes
Amendments
2008—
1994—
§6901. Definitions
In this chapter—
(1) "entitlement land" means land owned by the United States Government—
(A) that is in the National Park System or the National Forest System, including wilderness areas and lands described in section 2 of the Act of June 22, 1948 (
(B) the Secretary of the Interior administers through the Bureau of Land Management;
(C) dedicated to the use of the Government for water resource development projects;
(D) on which are located semi-active or inactive installations (except industrial installations) that the Secretary of the Army keeps for mobilization and for reserve component training;
(E) that is a dredge disposal area under the jurisdiction of the Secretary of the Army;
(F) that is located in the vicinity of Purgatory River Canyon and Pinon Canyon, Colorado, and acquired after December 23, 1981, by the United States Government to expand the Fort Carson military installation;
(G) that is a reserve area (as defined in section 401(g)(3) of the Act of June 15, 1935 (
(H) acquired by the Secretary of the Interior or the Secretary of Agriculture under section 5 of the Southern Nevada Public Land Management Act of 1998 that is not otherwise described in subparagraphs (A) through (G).
(2)(A) "unit of general local government" means—
(i) a county (or parish), township, borough, or city (other than in Alaska) where the city is independent of any other unit of general local government, that—
(I) is within the class or classes of such political subdivision in a State that the Secretary of the Interior, in his discretion, determines to be the principal provider or providers of governmental services within the State; and
(II) is a unit of general government, as determined by the Secretary of the Interior on the basis of the same principles as were used by the Secretary of Commerce on January 1, 1983, for general statistical purposes;
(ii) any area in Alaska that is within the boundaries of a census area used by the Secretary of Commerce in the decennial census, but that is not included within the boundary of a governmental entity described under clause (i);
(iii) the District of Columbia;
(iv) the Commonwealth of Puerto Rico;
(v) Guam; and
(vi) the Virgin Islands.
(B) the term "governmental services" includes, but is not limited to, those services that relate to public safety, the environment, housing, social services, transportation, and governmental administration.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6901(1) (A)–(F) | 31:1606(a)(1)–(3), (5), (b). | Oct. 20, 1976, |
| 31:1606(a)(4). | Oct. 20, 1976, |
|
| 31:1606(a)(6). | Oct. 20, 1976, |
|
| 6901(1)(G) | 16:715s(h)(1). | June 15, 1935, ch. 261, |
| 6901(2) | 31:1606(c). |
In clause (1), before subclause (A), the text of 31:1606(b) is omitted as unnecessary because of the restatement of the source provisions. In subclause (A), the word "and" is substituted for "within each, or any combination thereof" to eliminate unnecessary words. The words "but not limited to" are omitted as surplus. In subclause (D), the words "effective October 1, 1978" are omitted as executed. The words "Secretary of the Army" are substituted for "Army" for consistency. In subclause (E), the words "owned by the United States" are omitted as surplus. The words "Secretary of the Army" are substituted for "Army Corps of Engineers" because of 10:3012. In subclause (F), the word "Government" is added for clarity. In subclause (G), the words "In administering
In clause (2), before subclause (A), the word "general" is added for consistency in the title. In subclause (A), the word "parish" is omitted as unnecessary because of 1:2. The word "city" is substituted for "municipality" for consistency in the subtitle. The words "State of" are omitted as surplus. The words "political subdivision of a State" are substituted for "unit of government below the State" for consistency. The words "the basis of" are omitted as surplus. The word "basis" is substituted for "principle" for consistency in the subtitle. The words "Secretary of Commerce" are substituted for "Bureau of the Census", and the words "general purpose political subdivision of a State" are substituted for "unit of general government", for consistency. In subclause (B), the words "Such term also includes" are omitted as unnecessary. Subclause (D) is added because of section 502 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America.
Editorial Notes
References in Text
Section 5 of the Southern Nevada Public Land Management Act of 1998, referred to in par. (1)(H), is section 5 of
Amendments
1998—Par. (1)(H).
1997—Par. (2)(A)(i).
1996—Par. (2).
"(A) a county (or parish), township, borough, or city where the city is independent of any other unit of general local government, that: (i) is within the class or classes of such political subdivisions in a State that the Secretary of the Interior, in his discretion, determines to be the principal provider or providers of governmental services within the State; and (ii) is a unit of general government as determined by the Secretary of the Interior on the basis of the same principles as were used on January 1, 1983, by the Secretary of Commerce for general statistical purposes. The term 'governmental services' includes, but is not limited to, those services that relate to public safety, environment, housing, social services, transportation, and governmental administration;
"(B) the District of Columbia;
"(C) the Commonwealth of Puerto Rico;
"(D) Guam; and
"(E) the Virgin Islands."
1994—Par. (2)(A).
1988—Par. (2)(A).
1983—Par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Short Title of 1998 Amendment
Short Title of 1994 Amendment
§6902. Authority and Eligibility 1
(a)(1) Except as provided in paragraph (2), the Secretary of the Interior shall make a payment for each fiscal year to each unit of general local government in which entitlement land is located as set forth in this chapter. A unit of general local government may use the payment for any governmental purpose.
(2) For each unit of general local government described in section 6901(2)(A)(ii), the Secretary of the Interior shall make a payment for each fiscal year to the State of Alaska for entitlement land located within such unit as set forth in this chapter. The State of Alaska shall distribute such payment to home rule cities and general law cities (as such cities are defined by the State) located within the boundaries of the unit of general local government for which the payment was received. Such cities may use monies received under this paragraph for any governmental purpose.
(b) A unit of general local government may not receive a payment for land for which payment under this Act 2 otherwise may be received if the land was owned or administered by a State or unit of general local government and was exempt from real estate taxes when the land was conveyed to the United States except that a unit of general local government may receive a payment for—
(1) land a State or unit of general local government acquires from a private party to donate to the United States within 8 years of acquisition;
(2) land acquired by a State through an exchange with the United States if such land was entitlement land as defined by this chapter; or
(3) land in Utah acquired by the United States for Federal land, royalties, or other assets if, at the time of such acquisition, a unit of general local government was entitled under applicable State law to receive payments in lieu of taxes from the State of Utah for such land: Provided, however, That no payment under this paragraph shall exceed the payment that would have been made under State law if such land had not been acquired.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6902(a) | 31:1601. | Oct. 20, 1976, |
| 6902(b) | 31:1605(c). | Oct. 20, 1976, |
| 6902(c) | 31:1605(a). | |
| 6902(d) | 31:1605(b). |
In subsection (a), the words "Effective for fiscal years beginning on and after October 1, 1976" are omitted as executed. The words "(as defined in
In subsection (b), the word "or" is substituted for "and/or" for consistency. The words "except that, beginning in fiscal year 1979" are omitted as executed. The words "of such land" are omitted as surplus. The word "Federal" is omitted as unnecessary. The words "and which is or was so donated . . . thereof by the State or unit of local government" are omitted as surplus.
In subsection (c), the citation in parentheses for the Act of May 24, 1939, is included only for information purposes.
In subsection (d), the words "county or" are omitted as unnecessary because a county is a unit of general local government under section 6901 of the revised title.
Editorial Notes
Amendments
1996—Subsec. (a).
1994—
"(a) The Secretary of the Interior shall make a payment for each fiscal year to each unit of general local government in which entitlement land is located. A unit may use the payment for any governmental purpose.
"(b) A unit of general local government may not receive a payment for land for which payment under this chapter otherwise may be received if the land was owned or administered by a State or unit and was exempt from real estate taxes when the land was conveyed to the United States Government. This subsection does not apply to payments for land a State or unit acquires from a private party to donate to the Government within 8 years of acquisition, nor does this subsection apply to payments for lands in Utah acquired by the United States if at the time of such acquisition units, under applicable State law, were entitled to receive payments from the State for such lands, but in such case no payment under this chapter with respect to such acquired lands shall exceed the payment that would have been made under State law if such lands had not been acquired.
"(c) A unit of general local government receiving payment for a fiscal year for land under the Act of August 28, 1937 (
"(d) If the total payment to a unit of general local government for a fiscal year would be less than $100, the Secretary may not make the payment."
1993—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
"(1)
"(2)
1 So in original. Probably should not be capitalized.
2 So in original. Probably should be "this chapter".
§6903. Payments
(a) In this section—
(1) "payment law" means—
(A) the Act of June 20, 1910 (ch. 310,
(B) section 33 of the Bankhead-Jones Farm Tenant Act (
(C) the Act of May 23, 1908 (
(D) section 5 of the Act of June 22, 1948 (
(E) section 401(c)(2) of the Act of June 15, 1935 (
(F) section 17 of the Federal Power Act (
(G) section 35 of the Act of February 25, 1920 (
(H) section 6 of the Mineral Leasing Act for Acquired Lands (
(I) section 3 of the Act of July 31, 1947 (
(J) section 10 of the Act of June 28, 1934 (known as the Taylor Grazing Act) (
(2) population shall be determined on the same basis that the Secretary of Commerce determines resident population for general statistical purposes.
(3) a unit of general local government may not be credited with a population of more than 50,000.
(b)(1) A payment under
(A) 93 cents during fiscal year 1995, $1.11 during fiscal year 1996, $1.29 during fiscal year 1997, $1.47 during fiscal year 1998, and $1.65 during fiscal year 1999 and thereafter, for each acre of entitlement land located within a unit of general local government (but not more than the limitation determined under subsection (c) of this section) reduced (but not below 0) by amounts the unit received in the prior fiscal year under a payment law; or
(B) 12 cents during fiscal year 1995, 15 cents during fiscal year 1996, 17 cents during fiscal year 1997, 20 cents during fiscal year 1998, and 22 cents during fiscal year 1999 and thereafter, for each acre of entitlement land located in the unit (but not more than the limitation determined under subsection (c) of this section).
(2) The chief executive officer of a State shall submit to the Secretary of the Interior a statement on the amounts of payments the State transfers to each unit of general local government in the State out of amounts received under a payment law.
(c)(1) The limitation for a unit of general local government with a population of not more than 4,999 is the highest dollar amount specified in paragraph (2).
(2) The limitation for a unit of general local government with a population of at least 5,000 is the following amount (rounding the population off to the nearest thousand):
| If the population equals— | the limitation is equal to the population times— |
|---|---|
| 5,000 | $110.00 |
| 6,000 | 103.00 |
| 7,000 | 97.00 |
| 8,000 | 90.00 |
| 9,000 | 84.00 |
| 10,000 | 77.00 |
| 11,000 | 75.00 |
| 12,000 | 73.00 |
| 13,000 | 70.00 |
| 14,000 | 68.00 |
| 15,000 | 66.00 |
| 16,000 | 65.00 |
| 17,000 | 64.00 |
| 18,000 | 63.00 |
| 19,000 | 62.00 |
| 20,000 | 61.00 |
| 21,000 | 60.00 |
| 22,000 | 59.00 |
| 23,000 | 59.00 |
| 24,000 | 58.00 |
| 25,000 | 57.00 |
| 26,000 | 56.00 |
| 27,000 | 56.00 |
| 28,000 | 56.00 |
| 29,000 | 55.00 |
| 30,000 | 55.00 |
| 31,000 | 54.00 |
| 32,000 | 54.00 |
| 33,000 | 53.00 |
| 34,000 | 53.00 |
| 35,000 | 52.00 |
| 36,000 | 52.00 |
| 37,000 | 51.00 |
| 38,000 | 51.00 |
| 39,000 | 50.00 |
| 40,000 | 50.00 |
| 41,000 | 49.00 |
| 42,000 | 48.00 |
| 43,000 | 48.00 |
| 44,000 | 47.00 |
| 45,000 | 47.00 |
| 46,000 | 46.00 |
| 47,000 | 46.00 |
| 48,000 | 45.00 |
| 49,000 | 45.00 |
| 50,000 | 44.00. |
(d) On October 1 of each year after the date of enactment of the Payment in Lieu of Taxes Act, the Secretary of the Interior shall adjust each dollar amount specified in subsections (b) and (c) to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor, for the 12 months ending the preceding June 30.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6903(a)(1) | 16:715s(h)(2). | June 15, 1935, ch. 261, |
| 31:1604. | Oct. 20, 1976, |
|
| 6903(a)(2) | 31:1602(c). | |
| 6903(a)(3) | 31:1602(b)(2)(last sentence). | |
| 6903(a)(4) | 31:1602(d). | |
| 6903(b)(1) | 31:1602(a)(1st sentence). | |
| 6903(b)(2) | 31:1602(a)(last sentence). | |
| 6903(c) | 31:1602(b)(1), (2)(1st sentence). |
In subsection (a)(1), before subclause (A), the word "payment" is added for clarity. Subclause (E) is substituted for 16:715s(h)(2) because of the restatement. In clause (2), the words "Secretary of Commerce" are substituted for "Bureau of the Census" for consistency. In clause (4), the words "the jurisdiction of" are omitted as surplus. The word "deemed" is substituted for "treated" for consistency.p
In subsections (b) and (c), the word "population" before "limitation" is omitted as unnecessary.
In subsection (b)(1), before clause (A), the words "The amount of . . . made for any fiscal year to a unit of local government . . . the following amounts" are omitted as surplus. In clauses (A) and (B), the words "the boundaries of" are omitted as surplus. In clause (A), the words "aggregate . . . of payments, if any" are omitted as surplus. The words "a payment law" are substituted for "all of the provisions specified in
In subsection (b)(2), the words "chief executive officer" are substituted for "Governor (or his delegate)" for consistency in the revised title and with other titles of the United States Code. The words "a payment law" are substituted for "a provision specified in
In subsection (c)(1), the words "amount equal to" and "within the jurisdiction of such unit of local government" are omitted as surplus.
In subsection (c)(2), the words "computed under the . . . table" are omitted as unnecessary. The words "the limitation is equal to the population times" are substituted for "Payment shall not exceed the amount computed by multiplying such population by" for clarity and consistency.
Editorial Notes
References in Text
Act of June 20, 1910 (ch. 310,
The Secure Rural Schools and Community Self-Determination Act of 2000, referred to in subsec. (a)(1)(C), is
The date of enactment of the Payment in Lieu of Taxes Act, referred to in subsec. (d), probably means the date of enactment of the Payments In Lieu of Taxes Act,
Amendments
2000—Subsec. (a)(1)(C).
1994—Subsec. (b)(1)(A).
Subsec. (b)(1)(B).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
1983—Subsec. (a)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by sections 2(a), (b)(1), and 3 of
Proportional Payments to Local Governments
Similar provisions were contained in the following prior appropriation acts:
Payments Made Prior to January 1, 1983
§6904. Additional payments
(a) In addition to payments the Secretary of the Interior makes under
(1) the United States Government acquires for—
(A) the National Park System; or
(B) the National Forest Wilderness Areas; and
(2) was subject to local real property taxes within the 5-year period before the interest is acquired.
(b) The Secretary shall make payments only for the 5 fiscal years after the fiscal year in which the interest in land is acquired. Under guidelines the Secretary prescribes, the unit of general local government receiving the payment from the Secretary shall distribute payments proportionally to units and school districts that lost real property taxes because of the acquisition of the interest. A unit receiving a distribution may use a payment for any governmental purpose.
(c) Each yearly payment by the Secretary under this section is equal to one percent of the fair market value of the interest in land on the date the Government acquires the interest. However, a payment may not be more than the amount of real property taxes levied on the property during the last fiscal year before the fiscal year in which the interest is acquired. A decision on fair market value under this section may not include an increase in the value of an interest because the land is rezoned when the rezoning causes the increase after the date of enactment of a law authorizing the acquisition of an interest under subsection (a) of this section.
(d) The Secretary may prescribe regulations under which payments may be made to units of general local government when subsections (a) and (b) of this section will not carry out the purpose of subsections (a) and (b).
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6904(a) | 31:1603(a)(1st, 3d sentences). | Oct. 20, 1976, |
| 31:1603(e). | Oct. 20, 1976, |
|
| 6904(b) | 31:1603(a)(2d sentence), (b), (d). | |
| 6904(c) | 31:1603(c). | |
| 6904(d) | 31:1603(a)(last sentence). |
In the section, the words "land or" are omitted as being included in "interest in land".
In subsection (a), before clause (1), the words "the Secretary of the Interior makes" are added for clarity. The words "unit of general local government collecting and distributing real property taxes (including a unit in Alaska outside the boundaries of an organized borough)" are substituted for "county" and 31:1603(a)(3d sentence) and (e) to eliminate unnecessary words. The words "the jurisdiction of" are omitted as surplus. In subclause (A), the words "for the Redwood National Park pursuant to subchapter VII of
In subsection (b), the words "The Secretary shall make payments only for the 5 fiscal years after the fiscal year in which the interest in land is acquired" are substituted for 31:1603(b)(1st sentence) and (d) to eliminate unnecessary words. The words "affected" and "for addition to either such systems" are omitted as surplus. The words "receiving a distribution" are added for clarity.
In subsection (c), the words "The amount of . . . made . . . fiscal . . . to any unit of local government and affected school districts" are omitted as surplus. The words "by the Secretary" are added for clarity. The words "made for any fiscal year to a unit of local government under subsection (a) of this section", "assessed and", "full", and "for addition to the National Park System or National Forest Wilderness Areas" are omitted as surplus.
§6905. Redwood National Park and the Lake Tahoe Basin
(a) The Secretary of the Interior shall make a payment for each fiscal year to each unit of general local government in which an interest in land owned by the United States Government in the Redwood National Park is located. A unit may use the payment for any governmental purpose. The payment shall be made as provided in
(b)(1) In addition to payments the Secretary makes under subsection (a) of this section, the Secretary shall make a payment for each fiscal year to each unit of general local government in which is located an interest in land—
(A) owned by the Government in the Redwood National Park; or
(B) acquired in the Lake Tahoe Basin under the Act of December 23, 1980 (
(2) The payment shall be made as provided in
(3) The unit of general local government may use the payment for any governmental purpose.
(4) The Redwoods Community College District is a school district under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6905(a) | 16:79o(a), (b). | Mar. 27, 1978, |
| 6905(b)(1)– (3) | (uncodified). | Dec. 23, 1980, |
| 16:79o(c). | ||
| 6905(b)(4) | 16:79o(d). |
In subsection (a), the words "Notwithstanding any contrary provision of
In subsection (b)(1)–(3), the source provisions are combined for clarity and because of the restatement.
In subsection (b)(2), the words "portion of the total", "full", and "land or" are omitted as surplus. The words "for addition to Redwood National Park" are omitted as unnecessary because of the restatement.
In subsection (b)(4), the word "affected" is omitted as surplus.
Editorial Notes
References in Text
The provisions of Act of December 23, 1980 (
§6906. Funding
For fiscal year 2019— 1
(1) each county or other eligible unit of local government shall be entitled to payment under this chapter; and
(2) sums shall be made available to the Secretary of the Interior for obligation or expenditure in accordance with this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6906 | 31:1607. | Oct. 20, 1976, |
The words "to the Secretary of the Interior" are added for clarity. The words "Provided, That, notwithstanding any other provision of this chapter" and "in advance" are omitted as unnecessary.
Editorial Notes
Amendments
2019—
2018—
2014—
2012—
2008—
Statutory Notes and Related Subsidiaries
Application of Section
Similar provisions were contained in the following prior appropriation acts:
1 See Application of Section note below.
§6907. State legislation requiring reallocation or redistribution of payments to smaller units of general purpose government
(a) Notwithstanding any other provision of this chapter, a State may enact legislation which requires that any payments which would be made to units of general local government pursuant to this chapter be reallocated and redistributed in whole or part to other smaller units of general purpose government which (1) are located within the boundaries of the larger unit of general local government, (2) provide general governmental services and (3) contain entitlement lands within their boundaries. Such reallocation or redistribution shall generally reflect the level of services provided by, and the number of entitlement acres within, the smaller unit of general local government.
(b) Upon enactment of legislation by a State, described in subsection (a), the Secretary shall make one payment to such State equaling the aggregate amount of payments which he otherwise would have made to units of general local government within such State pursuant to this chapter. It shall be the responsibility of such State to make any further distribution of the payment pursuant to subsection (a). Such redistribution shall be made within 30 days after receipt of such payment. No payment, or portion thereof, made by the Secretary shall be used by any State for the administration of this subsection or subsection (a).
(c) Appropriations made for payments in lieu of taxes for a fiscal year may be used to correct underpayments in the previous fiscal year to achieve equity among all qualified recipients.
(Added
Editorial Notes
Amendments
1994—
CHAPTER 71 —JOINT FUNDING SIMPLIFICATION
§7101. Purposes
The purposes of this chapter are to—
(1) enable States, local governments, and private nonprofit organizations to use assistance of the United States Government more effectively and efficiently;
(2) adapt the assistance more readily to particular needs through wider use of projects that are supported by more than one executive agency, assistance program, or appropriation of the United States Government; and
(3) encourage Federal-State arrangements under which local governments and private nonprofit organizations may more effectively and efficiently combine Federal and State resources to support projects of common interest to those local governments and those organizations.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7101 | 42:4251. | Dec. 5, 1974, |
In the chapter, the words "executive agency" are substituted for "Federal agency" because of the definition in section 102 of the revised title. The words "assistance program" are substituted for "Federal assistance programs" because of the definition in section 7102 of the revised title.
In the section, the words "resources available from" and "It is the further purpose of this chapter" are omitted as unnecessary because of the restatement.
§7102. Definitions
In this chapter—
(1) "applicant" means a State, local government, or private nonprofit organization applying for assistance for one project.
(2) "assistance program" means a program of the United States Government providing assistance through a grant or contract but does not include revenue sharing, a loan, a loan guarantee, or insurance.
(3) "local government" means a county, city, political subdivision of a county or city, or other general purpose political subdivision of a State, a school district, a council of governments, or other instrumentality of a local government.
(4) "project" means an undertaking that includes components that contribute materially to carrying out one purpose or closely related purposes and are proposed or approved for assistance under—
(A) more than one United States Government program; or
(B) at least one Government program and at least one State program.
(5) "State" means a State of the United States, the District of Columbia, a territory or possession of the United States, an agency or instrumentality of a State, and a tribe as defined in section 3(c) of the Indian Financing Act of 1974 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7102(1) | 42:4261(2), (4). | Dec. 5, 1974, |
| 7102(2) | 42:4261(1). | |
| 7102(3) | 42:4261(6). | |
| 7102(4) | 42:4261(3). | |
| 7102(5) | 42:4261(5). |
In clause (1), the words "applying for" are substituted for "seeking" for clarity. The words "acting separately or together" are omitted as unnecessary. The text of 42:4261(4) is omitted as unnecessary because of section 102 of the revised title.
In clause (2), the words "of the United States Government" are added for clarity. The words "assistance in the form of" are omitted as unnecessary.
In clause (3), the words "a county, city, political subdivision of a county or city, or other general purpose political subdivision of a State" are substituted for "a local unit of government including a city, county, parish, town, township, village," for consistency in the revised title and because of 1:2. The word "agency" is omitted because it is included in "instrumentality".
In clause (4), the words "that contribute" are substituted for "if each of those components" to eliminate unnecessary words. The words "whether of a temporary or continuing nature" are omitted as unnecessary.
In clause (5), the words "any of the several" are omitted as unnecessary. The words "the Commonwealth of Puerto Rico" are omitted as being included in "territory or possession of the United States" and as unnecessary because of 48:734.
Editorial Notes
Amendments
1994—Par. (3).
§7103. Authority of the President and heads of executive agencies
(a) The President shall prescribe necessary regulations to carry out
(1) get the views and recommendations of States and local governments that may be significantly affected by the project; and
(2) resolve questions of common interest to those States and local governments before making application.
(b) Subject to regulations prescribed under subsection (a) of this section and other law, the head of an executive agency may do the following by an order of the agency head or by agreement with another executive agency:
(1) identify related programs likely to be particularly suitable in providing joint financing for specific kinds of projects.
(2) to assist in planning and developing a project financed from different programs, develop and prescribe—
(A) guidelines;
(B) model or illustrative projects;
(C) joint or common application forms; and
(D) other materials or guidance.
(3) review administrative program requirements to identify requirements that may impede joint financing of a project and modify the requirements when appropriate.
(4) establish common technical or administrative regulations for related programs to assist in providing joint financing to support a specific project or class of projects.
(5) establish joint or common application processing and project supervision procedures, including procedures for designating—
(A) a lead agency responsible for processing applications; and
(B) a managing agency responsible for project supervision.
(c) The head of an executive agency shall—
(1) take maximum action to carry out
(2) consult and cooperate with the heads of other executive agencies to carry out
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7103(a) | 42:4252(a). | Dec. 5, 1974, |
| 7103(b) | 42:4252(b). | |
| 7103(c) | 42:4252(c). |
In subsection (a), before clause (1), the words "as may be necessary or appropriate" are omitted as unnecessary. The words "to carry out
In subsection (b), before clause (1), the words "under subsection (a) of this section" are substituted for "as the President may prescribe" because of the restatement. The words "applicable" and "take the following actions" are omitted as unnecessary. In clauses (1), (3), and (4), the words "joint financing" are substituted for "joint support" and "joint use of funds" for consistency in the revised chapter. In clause (1), the words "or appropriate" and "thereunder" are omitted as unnecessary. In clause (3), the words "to identify" are substituted for "in order to determine", and the word "modify" is substituted for "the extent to which such requirements may be modified" and "making such modifications", to eliminate unnecessary words. In clause (5), the words "or mechanisms" and "for designation" are omitted as unnecessary.
In subsection (c), the words "take maximum action" are substituted for "be responsible for taking actions, to the maximum extent permitted under applicable law" to eliminate unnecessary words. The words "to carry out
Executive Documents
Executive Order No. 11867
Ex. Ord. No. 11867, eff. June 19, 1975, 40 F.R. 26253, which delegated to Administrator of General Services authority to issue regulations, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Ex. Ord. No. 11893. Transferring Certain Functions from General Services Administration to Office of Management and Budget
Ex. Ord. No. 11893, eff. Dec. 31, 1975, 41 F.R. 1040, provided:
By virtue of the authority vested in me as President by the Constitution and Statutes of the United States, particularly by
Gerald R. Ford.
§7104. Processing project requests to be financed by at least 2 assistance programs
In processing an application or request for assistance for a project to be financed by at least 2 assistance programs, the head of an executive agency shall take action that will ensure that—
(1) required reviews and approvals are handled expeditiously;
(2) complete account is taken of special considerations of timing that are made known by the applicant that would affect the feasibility of a jointly financed project;
(3) an applicant is required to deal with a minimum number of representatives of the United States Government;
(4) an applicant is promptly informed of a decision or special problem that could affect the feasibility of providing joint assistance under the application; and
(5) an applicant is not required to get information or assurances from one executive agency for a requesting executive agency when the requesting agency may get the information or assurances directly.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7104 | 42:4253. | Dec. 5, 1974, |
In the section, before clause (1), the words "for a project to be financed by at least 2 assistance programs" are substituted for "under two or more Federal programs in support of any project" for consistency in the revised chapter. The words "shall take action" are substituted for "Actions taken by Federal agency heads pursuant to this chapter that relate to", and the words "that will ensure" are substituted for "shall be designed to assure", to eliminate unnecessary words. The words "so far as reasonably possible" are omitted as surplus. In clause (4), the word "impediments" is omitted as surplus. The word "providing" is substituted for "Federal provision of", and the words "joint assistance under the application" are substituted for "on a joint basis", to eliminate unnecessary words. Clause (5) is substituted for 42:4253(5) because of the restatement.
§7105. Prescribing uniform technical and administrative provisions
(a) To make participation in a project easier than would be possible because of varying or conflicting technical or administrative regulations and procedures not required by law, the head of an executive agency may prescribe uniform provisions about inconsistent or conflicting requirements on—
(1) financial administration of the project (including accounting, reporting and auditing, and maintaining a separate bank account), to the extent consistent with
(2) the timing of payments by the United States Government for the project when one schedule or a combined schedule is to be established for the project;
(3) providing assistance by grant rather than procurement contract or by procurement contract rather than by grant; and
(4) accountability for, or the disposition of, records, property, or structures acquired or constructed with assistance from the Government when common regulations are established for the project.
(b) To make easier the processing of applications for assistance, the head of an executive agency may provide for review of proposals for a project by one panel, board, or committee where reviews by separate panels, boards, or committees are not specifically required by law.
(c) Notwithstanding a requirement that one public agency or a specific public agency be established or designated to carry out or supervise that part of the assistance from the Government under an assistance program for a jointly financed project, the head of the executive agency carrying out the program may waive the requirement when—
(1) administration by another public agency is consistent with State or local law and the objectives of the assistance program; and
(2)(A) the waiver is requested by the head of a unit of general government certifying jurisdiction over the public agencies concerned; or
(B) the State or local public agencies concerned agree to the waiver.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7105(a) | 42:4255(a). | Dec. 5, 1974, |
| 7105(b) | 42:4255(b). | |
| 7105(c) | 42:4255(c). |
In subsection (a), before clause (1), the words "To make participation in a project easier than would be possible" are substituted for "In order to provide for projects" for clarity. The words "because of" are substituted for "that would otherwise be subject to" to eliminate unnecessary words. The word "prescribe" is substituted for "adopt", and the word "about" is substituted for "with respect to", for consistency in the revised title. In clause (2), the words "payments by the United States Government" are substituted for "Federal payments" for consistency in the revised title. In clause (3), the words "providing assistance by" are substituted for "that assistance be extended in the form of" to eliminate unnecessary words. The word "procurement" is added for consistency with
In subsection (b), the words "To make easier" are substituted for "In order to permit", and the words "applications for assistance" are substituted for "applications in accordance with the purposes of this chapter", for clarity. The words "where . . . are not" are substituted for "except when such review is" because of the restatement.
Subsection (c) is substituted for 42:4255(c) for consistency in subtitle V of the revised title.
§7106. Delegation of supervision of assistance
With the approval of the President, the head of an executive agency may delegate or otherwise arrange to have another executive agency carry out or supervise a project or class of projects jointly financed under this chapter. A delegation—
(1) shall be made under conditions ensuring that duties and powers delegated are exercised consistent with law; and
(2) may not relieve the head of an executive agency of responsibility for the proper and efficient management of a project for which the agency provides assistance.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7106 | 42:4256. | Dec. 5, 1974, |
In the section, before clause (1), the words "to have another executive agency carry out or supervise" are substituted for "to other Federal agencies powers and functions relating to the supervision or administration" to eliminate unnecessary words. In clause (1), the words "under conditions ensuring" are substituted for "only on such conditions as may be appropriate to assure", the word "consistent" is substituted for "in full conformity", and the word "law" is substituted for "applicable statutory provisions and policies", to eliminate unnecessary words. In clause (2), the words "for which the agency provides assistance" are substituted for "funded by their agencies", for clarity because the source provisions do not provide for funding. The words "of Federal assistance", "for other agencies to perform", "such activities with respect to", and "under this section" are omitted as unnecessary.
§7107. Joint management funds
(a) In supporting a project, a joint management fund may be established to administer more effectively amounts received from more than one assistance program or appropriation. A proportional share of the amount required to pay a grantee shall be transferred periodically to the fund from each program or appropriation. When a project is completed, the grantee shall return to the fund an amount not expended.
(b) An account in a joint management fund is subject to an agreement made by the heads of the executive agencies providing assistance for the project about the responsibilities of each agency. An agreement shall—
(1) ensure the availability of necessary information to the executive agencies and Congress;
(2) provide that the agency administering a fund is responsible and accountable by program and appropriation for the amounts provided for the purposes of each account in the fund; and
(3) include procedures for returning, subject to fiscal year limitations, an excess amount to participating executive agencies under the applicable appropriation. An excess amount of an expired appropriation lapses from the fund.
(c) For each project financed through an account in a joint management fund, a recipient of an amount from the fund shall keep records prescribed by the head of the executive agency responsible for administering the fund. The records shall include—
(1) the amount and disposition by the recipient of assistance received under each program and appropriation;
(2) the total cost of the project for which assistance was given or used;
(3) that part of the cost of the project provided from other sources; and
(4) other records that will make it easier to carry out an audit.
(d) Records of a recipient related to an amount received from a joint management fund shall be made available to the head of the executive agency responsible for administering the fund and the Comptroller General for inspection and audit.
(e) For a project subject to a joint management fund, one non-Government share may be established conforming to—
(1) the proportional shares applicable to the assistance programs involved; and
(2) the proportional shares of an amount transferred to the project account from each of the programs.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7107(a) | 42:4257(a). | Dec. 5, 1974, |
| 7107(b) | 42:4257(b). | |
| 7107(c) | 42:4257(c). | |
| 7107(d) | 42:4257(d). | |
| 7107(e) | 42:4257(e). |
In subsection (a), the words "to administer more effectively" are substituted for "In order to provide the more effective administration" to eliminate unnecessary words. The words "amounts received" are substituted for "funds drawn" for consistency. The words "A proportional share of the amount required to pay a grantee" are substituted for "proportionate share of amounts needed for payment to the grantee" because of the restatement. The words "with respect to such projects", "affected", and "from time to time" are omitted as unnecessary.
In subsection (b), before clause (1), the words "made by the heads of executive agencies" are substituted for "as may be entered into by the Federal agencies concerned" to eliminate unnecessary words. The words "providing assistance for the project about the responsibilities of each agency" are substituted for "with respect to the discharge of the responsibilities of those agencies" for clarity. In clause (2), the word "established" is omitted as unnecessary. In clause (3), the words "for determining", "whether amounts in the account are in excess of the amounts required", and "applicable to" are omitted as unnecessary. The words "excess amount" are substituted for "that excess" for clarity.
In subsection (c), before clause (1), the words "established pursuant to this section" are omitted as unnecessary. The words "amount from" are substituted for "moneys drawn from" for consistency. The word "include" is substituted for "as a minimum, fully disclose" to eliminate unnecessary words. In clause (4), the words "to carry out" are added for clarity. The word "effective" is omitted as unnecessary.
In subsection (d), the word "Records" is substituted for "books, documents, papers, and records", and the words "shall be made available . . . for inspection and audit" are substituted for "shall have access for the purpose of audit and examination to", to eliminate unnecessary words and for consistency in the revised title and with other titles of the United States Code. The word "related" is substituted for "that are pertinent", and the words "an amount" are substituted for the word "money", for consistency. The words "of the United States", and "or any of their duly authorized representatives" are omitted as unnecessary.
In subsection (e), the word "For" is substituted for "in the case of" to eliminate unnecessary words. The words "proportional shares" are substituted for "federal share ratios" for clarity.
§7108. Limitation on authority under sections 7105–7107
Under regulations prescribed by the President, the head of an executive agency may act under
(1) when a problem cannot be adequately solved through other action under this chapter or other law;
(2) when necessary to promote expeditious processing of applications or effective and efficient administration of the project; and
(3) in a way consistent with protecting the interest of the United States Government and with the program purposes and requirements of law.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7108 | 42:4254. | Dec. 5, 1974, |
In the section, the words "act under" are substituted for "use the authorities described in", and the words "when necessary" are substituted for "that they are applied only as necessary", to eliminate unnecessary words. The words "head of an executive agency acts under those sections only" are substituted for "the authorities are limited in use to" for clarity. The words "These authorities shall be exercised only", "Where appropriate to further the purposes of this chapter, and subject to the conditions prescribed in this section", "(relating to the establishment of uniform technical or administrative requirements, delegation of powers and responsibilities, and establishment of joint management funds)", "include criteria or procedures to", and "that they are applied", are omitted as unnecessary because of the restatement.
§7109. Appropriations available for joint financing
An appropriation available for technical assistance or personnel training under an assistance program is available for technical assistance and training for a project proposed or approved for joint financing involving the program and another assistance program.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7109 | 42:4258. | Dec. 5, 1974, |
In this section, the words "the provision of" are omitted as surplus and the word "for" is substituted for "in connection with" for consistency.
§7110. Use of joint financing provisions for Federal-State assisted projects
Under regulations prescribed by the President, the head of an executive agency may make an agreement with a State to extend the benefits of this chapter to a project involving assistance from at least one executive agency and at least one State agency. The agreement may include arrangements to process requests or administer assistance on a joint basis.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7110 | 42:4259. | Dec. 5, 1974, |
In this section, the words "as appropriate" are omitted as surplus. The words "to process requests or administer assistance" are substituted for "for the processing of requests for, or the administration of, assistance to such projects" to eliminate unnecessary words.
§7111. Report to Congress
By February 3, 1984, the President shall submit to Congress a report on actions taken under this chapter and make recommendations for its continuation, amendment, or termination. The report shall include a detailed evaluation of the operation of the chapter, including information on the benefits and costs of jointly financed projects that accrue to participating States, local governments, private nonprofit organizations, and the United States Government.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7111 | 42:4260. | Dec. 5, 1974, |
The words "By February 3, 1984" are substituted for "at least one year prior to the expiration of this chapter" for clarity and to reflect the 5-year extension granted the joint funding simplification program by the Act of December 16, 1980 (
§7112. Expiration date
This chapter expires on February 3, 1985.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7112 | 42:4251(note). | Dec. 5, 1974, |
CHAPTER 73 —ADMINISTERING BLOCK GRANTS
§7301. Purpose
It is the purpose of this chapter to ensure that—
(1) block grant amounts are allocated for programs of special importance to meet the needs of local governments, residents of local governments, and other eligible entities; and
(2) all eligible local governments, residents of local governments, and other eligible entities are treated fairly in distributing block grant amounts.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7301 | 31:1243(note). | Aug. 13, 1981, |
In the chapter, the words "chief executive officer" are added for consistency in the revised title and with other titles of the United States Code.
In the section, before clause (1), the words "It is the purpose of this chapter" are added for clarity and consistency in the revised title and with other titles of the Code. The words "each State which receives block grant funds under this Act shall comply with the requirements of this chapter, to the extent that such funds may be used at the discretion of the State, as described in subsection (b)(1)(B)" are omitted as surplus and because of the restatement of the source provisions in section 7302 of the revised title. In clause (2), the words "urban and rural" are omitted as surplus.
§7302. Definitions
In this chapter—
(1) "block grant amounts" means amounts received for a program that—
(A) directly allocates amounts to States only, except for amounts allocated for use by the agency administering the program; and
(B) provides that the State may use any part of the amounts at its discretion to continue to support activities financed on August 12, 1981, under programs whose authorizations were discontinued by the Omnibus Budget Reconciliation Act of 1981 (
(2) "State" includes the District of Columbia and territories and possessions of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7302 | 31:1243(note). | Aug. 13, 1981, |
In clause (1)(A), the word "Federal" is omitted as surplus because of section 101 of the revised title.
Editorial Notes
References in Text
The Omnibus Budget Reconciliation Act of 1981, referred to in par. (1)(B), is
§7303. Reports and public hearings on proposed uses of amounts
(a)(1) The chief executive officer of each State shall prepare for each fiscal year a report on the proposed use during the fiscal year of block grant amounts received by the State. The report shall include—
(A) a statement of goals and objectives;
(B) information on the types of activities to be supported, geographic areas to be served, and categories or characteristics of individuals to be served; and
(C) the criteria for, and way of, distributing the amounts, including details on the way amounts will be distributed on the basis of need to carry out the purposes of the block grant amounts.
(2) Beginning with the fiscal year ending September 30, 1983, each report shall describe how the State met the goals, objectives, and needs in using the amounts described in the report for the prior fiscal year.
(b) A State may not receive block grant amounts for a fiscal year until the State conducts a public hearing, after adequate public notice, on the proposed use and distribution of the amounts set out in the report prepared under subsection (a) of this section for the fiscal year.
(c) Each report prepared under subsection (a) of this section and changes to the report shall be made public in the State on a timely basis and in a way that encourages comments from interested local government and persons.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7303 | 31:1243(note). | Aug. 13, 1981, |
In subsection (a)(1), before clause (A), the words "for each fiscal year" and "during the fiscal year" are substituted for "for the previous fiscal year" for clarity.
In subsection (b), the words "by the State" are omitted as surplus.
In subsection (c), the words "by a State" are omitted as surplus.
§7304. Availability of records
To evaluate and review the use of block grant amounts, consolidated assistance, and other grant programs established or provided for in the Omnibus Budget Reconciliation Act of 1981 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7304 | 31:1243(note). | Aug. 13, 1981, |
The words "records . . . shall be made available to" are substituted for "shall have access to any books, accounts, records, correspondence, or other documents" for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
References in Text
The Omnibus Budget Reconciliation Act of 1981, referred to in text, is
§7305. State auditing requirements
(a) The chief executive officer of each State shall conduct financial and compliance audits of block grant amounts received under the Omnibus Budget Reconciliation Act of 1981 (
(b) An audit under subsection (a) of this section is in place of other financial and compliance audits of those amounts that the chief executive officer of the State is required to conduct under another provision of the Omnibus Budget Reconciliation Act of 1981 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7305 | 31:1243(note). | Aug. 13, 1981, |
In subsection (a), the word "prescribes" is substituted for "established", and the word "entities" is substituted for "organizations", for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words "of funds" and "conducted" are omitted as surplus.
Editorial Notes
References in Text
The Omnibus Budget Reconciliation Act of 1981, referred to in text, is
CHAPTER 75 —REQUIREMENTS FOR SINGLE AUDITS
Editorial Notes
Amendments
2016—
1996—
§7501. Definitions
(a) As used in this chapter, the term—
(1) "Comptroller General" means the Comptroller General of the United States;
(2) "Director" means the Director of the Office of Management and Budget;
(3) "Federal agency" has the same meaning as the term "agency" in
(4) "Federal awards" means Federal financial assistance and Federal cost-reimbursement contracts that non-Federal entities receive directly from Federal awarding agencies or indirectly from pass-through entities;
(5) "Federal financial assistance" means assistance that non-Federal entities receive or administer in the form of grants, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, or other assistance, but does not include amounts received as reimbursement for services rendered to individuals in accordance with guidance issued by the Director;
(6) "Federal program" means all Federal awards to a non-Federal entity assigned a single number in the Catalog of Federal Domestic Assistance or encompassed in a group of numbers or other category as defined by the Director;
(7) "generally accepted government auditing standards" means the government auditing standards issued by the Comptroller General;
(8) "independent auditor" means—
(A) an external State or local government auditor who meets the independence standards included in generally accepted government auditing standards; or
(B) a public accountant who meets such independence standards;
(9) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation (as defined in, or established under, the Alaskan Native Claims Settlement Act) that is recognized by the United States as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
(10) "internal controls" means a process, effected by an entity's management and other personnel, designed to provide reasonable assurance regarding the achievement of objectives in the following categories:
(A) Effectiveness and efficiency of operations.1
(B) Reliability of financial reporting.1
(C) Compliance with applicable laws and regulations;
(11) "local government" means any unit of local government within a State, including a county, borough, municipality, city, town, township, parish, local public authority, special district, school district, intrastate district, council of governments, any other instrumentality of local government and, in accordance with guidelines issued by the Director, a group of local governments;
(12) "major program" means a Federal program identified in accordance with risk-based criteria prescribed by the Director under this chapter, subject to the limitations described under subsection (b);
(13) "non-Federal entity" means a State, local government, or nonprofit organization;
(14) "nonprofit organization" means any corporation, trust, association, cooperative, or other organization that—
(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;
(15) "pass-through entity" means a non-Federal entity that provides Federal awards to a subrecipient to carry out a Federal program;
(16) "program-specific audit" means an audit of one Federal program;
(17) "recipient" means a non-Federal entity that receives awards directly from a Federal agency to carry out a Federal program;
(18) "single audit" means an audit, as described under section 7502(d), of a non-Federal entity that includes the entity's financial statements and Federal awards;
(19) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, any instrumentality thereof, any multi-State, regional, or interstate entity which has governmental functions, and any Indian tribe; and
(20) "subrecipient" means a non-Federal entity that receives Federal awards through another non-Federal entity to carry out a Federal program, but does not include an individual who receives financial assistance through such awards.
(b) In prescribing risk-based program selection criteria for major programs, the Director shall not require more programs to be identified as major for a particular non-Federal entity, except as prescribed under subsection (c) or as provided under subsection (d), than would be identified if the major programs were defined as any program for which total expenditures of Federal awards by the non-Federal entity during the applicable year exceed—
(1) the larger of $30,000,000 or 0.15 percent of the non-Federal entity's total Federal expenditures, in the case of a non-Federal entity for which such total expenditures for all programs exceed $10,000,000,000;
(2) the larger of $3,000,000, or 0.30 percent of the non-Federal entity's total Federal expenditures, in the case of a non-Federal entity for which such total expenditures for all programs exceed $100,000,000 but are less than or equal to $10,000,000,000; or
(3) the larger of $300,000, or 3 percent of such total Federal expenditures for all programs, in the case of a non-Federal entity for which such total expenditures for all programs equal or exceed $300,000 but are less than or equal to $100,000,000.
(c) When the total expenditures of a non-Federal entity's major programs are less than 50 percent of the non-Federal entity's total expenditures of all Federal awards (or such lower percentage as specified by the Director), the auditor shall select and test additional programs as major programs as necessary to achieve audit coverage of at least 50 percent of Federal expenditures by the non-Federal entity (or such lower percentage as specified by the Director), in accordance with guidance issued by the Director.
(d) Loan or loan guarantee programs, as specified by the Director, shall not be subject to the application of subsection (b).
(Added
Editorial Notes
References in Text
The Alaskan Native Claims Settlement Act, referred to in subsec. (a)(9), probably means the Alaska Native Claims Settlement Act,
Amendments
1996—
Statutory Notes and Related Subsidiaries
Short Title of 2016 Amendment
Short Title of 1996 Amendment
Short Title of 1984 Amendment
Transitional Application
Congressional Statement of Purpose
"(1) promote sound financial management, including effective internal controls, with respect to Federal awards administered by non-Federal entities;
"(2) establish uniform requirements for audits of Federal awards administered by non-Federal entities;
"(3) promote the efficient and effective use of audit resources;
"(4) reduce burdens on State and local governments, Indian tribes, and nonprofit organizations; and
"(5) ensure that Federal departments and agencies, to the maximum extent practicable, rely upon and use audit work done pursuant to
"(1) to improve the financial management of State and local governments with respect to Federal financial assistance programs;
"(2) to establish uniform requirements for audits of Federal financial assistance provided to State and local governments;
"(3) to promote the efficient and effective use of audit resources; and
"(4) to ensure that Federal departments and agencies, to the maximum extent practicable, rely upon and use audit work done pursuant to
Tennessee Valley Authority Audits Unaffected by Single Audit Requirements
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
§7502. Audit requirements; exemptions
(a)(1)(A) Each non-Federal entity that expends a total amount of Federal awards equal to or in excess of $300,000 or such other amount specified by the Director under subsection (a)(3) in any fiscal year of such non-Federal entity shall have either a single audit or a program-specific audit made for such fiscal year in accordance with the requirements of this chapter.
(B) Each such non-Federal entity that expends Federal awards under more than one Federal program shall undergo a single audit in accordance with the requirements of subsections (b) through (i) of this section and guidance issued by the Director under section 7505.
(C) Each such non-Federal entity that expends awards under only one Federal program and is not subject to laws, regulations, or Federal award agreements that require a financial statement audit of the non-Federal entity, may elect to have a program-specific audit conducted in accordance with applicable provisions of this section and guidance issued by the Director under section 7505.
(2)(A) Each non-Federal entity that expends a total amount of Federal awards of less than $300,000 or such other amount specified by the Director under subsection (a)(3) in any fiscal year of such entity, shall be exempt for such fiscal year from compliance with—
(i) the audit requirements of this chapter; and
(ii) any applicable requirements concerning financial audits contained in Federal statutes and regulations governing programs under which such Federal awards are provided to that non-Federal entity.
(B) The provisions of subparagraph (A)(ii) of this paragraph shall not exempt a non-Federal entity from compliance with any provision of a Federal statute or regulation that requires such non-Federal entity to maintain records concerning Federal awards provided to such non-Federal entity or that permits a Federal agency, pass-through entity, or the Comptroller General access to such records.
(3) Every 2 years, the Director shall review the amount for requiring audits prescribed under paragraph (1)(A) and may adjust such dollar amount consistent with the purposes of this chapter, provided the Director does not make such adjustments below $300,000.
(b)(1) Except as provided in paragraphs (2) and (3), audits conducted pursuant to this chapter shall be conducted annually.
(2) A State or local government that is required by constitution or statute, in effect on January 1, 1987, to undergo its audits less frequently than annually, is permitted to undergo its audits pursuant to this chapter biennially. Audits conducted biennially under the provisions of this paragraph shall cover both years within the biennial period.
(3) Any nonprofit organization that had biennial audits for all biennial periods ending between July 1, 1992, and January 1, 1995, is permitted to undergo its audits pursuant to this chapter biennially. Audits conducted biennially under the provisions of this paragraph shall cover both years within the biennial period.
(c) Each audit conducted pursuant to subsection (a) shall be conducted by an independent auditor in accordance with generally accepted government auditing standards, except that, for the purposes of this chapter, performance audits shall not be required except as authorized by the Director.
(d) Each single audit conducted pursuant to subsection (a) for any fiscal year shall—
(1) cover the operations of the entire non-Federal entity; or
(2) at the option of such non-Federal entity such audit shall include a series of audits that cover departments, agencies, and other organizational units which expended or otherwise administered Federal awards during such fiscal year provided that each such audit shall encompass the financial statements and schedule of expenditures of Federal awards for each such department, agency, and organizational unit, which shall be considered to be a non-Federal entity.
(e) The auditor shall—
(1) determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles;
(2) determine whether the schedule of expenditures of Federal awards is presented fairly in all material respects in relation to the financial statements taken as a whole;
(3) with respect to internal controls pertaining to the compliance requirements for each major program—
(A) obtain an understanding of such internal controls;
(B) assess control risk; and
(C) perform tests of controls unless the controls are deemed to be ineffective; and
(4) determine whether the non-Federal entity has complied with the provisions of laws, regulations, and contracts or grants pertaining to Federal awards that have a direct and material effect on each major program.
(f)(1) Each Federal agency which provides Federal awards to a recipient shall—
(A) provide such recipient the program names (and any identifying numbers) from which such awards are derived, and the Federal requirements which govern the use of such awards and the requirements of this chapter; and
(B) review the audit of a recipient as necessary to determine whether prompt and appropriate corrective action has been taken with respect to audit findings, as defined by the Director, pertaining to Federal awards provided to the recipient by the Federal agency.
(2) Each pass-through entity shall—
(A) provide such subrecipient the program names (and any identifying numbers) from which such assistance is derived, and the Federal requirements which govern the use of such awards and the requirements of this chapter;
(B) monitor the subrecipient's use of Federal awards through site visits, limited scope audits, or other means;
(C) review the audit of a subrecipient as necessary to determine whether prompt and appropriate corrective action has been taken with respect to audit findings, as defined by the Director, pertaining to Federal awards provided to the subrecipient by the pass-through entity; and
(D) require each of its subrecipients of Federal awards to permit, as a condition of receiving Federal awards, the independent auditor of the pass-through entity to have such access to the subrecipient's records and financial statements as may be necessary for the pass-through entity to comply with this chapter.
(g)(1) The auditor shall report on the results of any audit conducted pursuant to this section, in accordance with guidance issued by the Director.
(2) When reporting on any single audit, the auditor shall include a summary of the auditor's results regarding the non-Federal entity's financial statements, internal controls, and compliance with laws and regulations.
(h) The non-Federal entity shall transmit the reporting package, in an electronic form in accordance with the data standards established under
(1) 30 days after receipt of the auditor's report; or
(2)(A) for a transition period of at least 2 years after the effective date of the Single Audit Act Amendments of 1996, as established by the Director, 13 months after the end of the period audited; or
(B) for fiscal years beginning after the period specified in subparagraph (A), 9 months after the end of the period audited, or within a longer timeframe authorized by the Federal agency, determined under criteria issued under section 7504, when the 9-month timeframe would place an undue burden on the non-Federal entity.
(i) If an audit conducted pursuant to this section discloses any audit findings, as defined by the Director, including material noncompliance with individual compliance requirements for a major program by, or reportable conditions in the internal controls of, the non-Federal entity with respect to the matters described in subsection (e), the non-Federal entity shall submit to Federal officials designated by the Director, a plan for corrective action to eliminate such audit findings or reportable conditions or a statement describing the reasons that corrective action is not necessary. Such plan shall be consistent with the audit resolution standard promulgated by the Comptroller General (as part of the standards for internal controls in the Federal Government) pursuant to section 3512(c).
(j) The Director may authorize pilot projects to test alternative methods of achieving the purposes of this chapter. Such pilot projects may begin only after consultation with the Chair and Ranking Minority Member of the Committee on Governmental Affairs of the Senate and the Chair and Ranking Minority Member of the Committee on Government Reform and Oversight of the House of Representatives.
(Added
Editorial Notes
References in Text
The effective date of the Single Audit Act Amendments of 1996, referred to in subsec. (h)(2)(A), is the effective date of
Amendments
2019—Subsec. (h).
1996—
1994—Subsec. (b)(2).
Subsec. (d)(5), (6).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
§7503. Relation to other audit requirements
(a) An audit conducted in accordance with this chapter shall be in lieu of any financial audit of Federal awards which a non-Federal entity is required to undergo under any other Federal law or regulation. To the extent that such audit provides a Federal agency with the information it requires to carry out its responsibilities under Federal law or regulation, a Federal agency shall rely upon and use that information.
(b) Notwithstanding subsection (a), a Federal agency may conduct or arrange for additional audits which are necessary to carry out its responsibilities under Federal law or regulation. The provisions of this chapter do not authorize any non-Federal entity (or subrecipient thereof) to constrain, in any manner, such agency from carrying out or arranging for such additional audits, except that the Federal agency shall plan such audits to not be duplicative of other audits of Federal awards.
(c) The provisions of this chapter do not limit the authority of Federal agencies to conduct, or arrange for the conduct of, audits and evaluations of Federal awards, nor limit the authority of any Federal agency Inspector General or other Federal official.
(d) Subsection (a) shall apply to a non-Federal entity which undergoes an audit in accordance with this chapter even though it is not required by section 7502(a) to have such an audit.
(e) A Federal agency that provides Federal awards and conducts or arranges for audits of non-Federal entities receiving such awards that are in addition to the audits of non-Federal entities conducted pursuant to this chapter shall, consistent with other applicable law, arrange for funding the full cost of such additional audits. Any such additional audits shall be coordinated with the Federal agency determined under criteria issued under section 7504 to preclude duplication of the audits conducted pursuant to this chapter or other additional audits.
(f) Upon request by a Federal agency or the Comptroller General, any independent auditor conducting an audit pursuant to this chapter shall make the auditor's working papers available to the Federal agency or the Comptroller General as part of a quality review, to resolve audit findings, or to carry out oversight responsibilities consistent with the purposes of this chapter. Such access to auditor's working papers shall include the right to obtain copies.
(Added
Editorial Notes
Amendments
1996—
1994—Subsec. (a).
§7504. Federal agency responsibilities and relations with non-Federal entities
(a) Each Federal agency shall, in accordance with guidance issued by the Director under section 7505, with regard to Federal awards provided by the agency—
(1) monitor non-Federal entity use of Federal awards, and
(2) assess the quality of audits conducted under this chapter for audits of entities for which the agency is the single Federal agency determined under subsection (b).
(b) Each non-Federal entity shall have a single Federal agency, determined in accordance with criteria established by the Director, to provide the non-Federal entity with technical assistance and assist with implementation of this chapter.
(c) The Director shall designate a Federal clearinghouse to—
(1) receive copies of all reporting packages developed in accordance with this chapter;
(2) identify recipients that expend $300,000 or more in Federal awards or such other amount specified by the Director under section 7502(a)(3) during the recipient's fiscal year but did not undergo an audit in accordance with this chapter; and
(3) perform analyses to assist the Director in carrying out responsibilities under this chapter.
(Added
Editorial Notes
Amendments
1996—
"(a) The Director shall designate cognizant agencies for audits conducted pursuant to this chapter.
"(b) A cognizant agency shall—
"(1) ensure that audits are made in a timely manner and in accordance with the requirements of this chapter;
"(2) ensure that the audit reports and corrective action plans made pursuant to
"(3)(A) coordinate, to the extent practicable, audits done by or under contract with Federal agencies that are in addition to the audits conducted pursuant to this chapter; and (B) ensure that such additional audits build upon the audits conducted pursuant to this chapter."
§7505. Regulations
(a) The Director, after consultation with the Comptroller General, and appropriate officials from Federal, State, and local governments and nonprofit organizations shall prescribe guidance to implement this chapter. Each Federal agency shall promulgate such amendments to its regulations as may be necessary to conform such regulations to the requirements of this chapter and of such guidance.
(b)(1) The guidance prescribed pursuant to subsection (a) shall include criteria for determining the appropriate charges to Federal awards for the cost of audits. Such criteria shall prohibit a non-Federal entity from charging to any Federal awards—
(A) the cost of any audit which is—
(i) not conducted in accordance with this chapter; or
(ii) conducted in accordance with this chapter when expenditures of Federal awards are less than amounts cited in section 7502(a)(1)(A) or specified by the Director under section 7502(a)(3), except that the Director may allow the cost of limited scope audits to monitor subrecipients in accordance with section 7502(f)(2)(B); and
(B) more than a reasonably proportionate share of the cost of any such audit that is conducted in accordance with this chapter.
(2) The criteria prescribed pursuant to paragraph (1) shall not, in the absence of documentation demonstrating a higher actual cost, permit the percentage of the cost of audits performed pursuant to this chapter charged to Federal awards, to exceed the ratio of total Federal awards expended by such non-Federal entity during the applicable fiscal year or years, to such non-Federal entity's total expenditures during such fiscal year or years.
(c) Such guidance shall include such provisions as may be necessary to ensure that small business concerns, qualified HUBZone small business concerns, and business concerns owned and controlled by socially and economically disadvantaged individuals will have the opportunity to participate in the performance of contracts awarded to fulfill the audit requirements of this chapter.
(d) Such guidance shall require audit-related information reported under this chapter to be reported in an electronic form in accordance with the data standards established under
(Added
Editorial Notes
Amendments
2019—Subsec. (d).
1997—Subsec. (c).
1996—
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
Guidance
Guidelines for Acceptance of Audits by State and Local Governments Receiving Federal Assistance
§7506. Effective date
This chapter shall apply to any non-Federal entity with respect to any of its fiscal years which begin after June 30, 1996.
(Added
Editorial Notes
Prior Provisions
A prior section 7506, added
Amendments
2016—
1996—
"(a) This chapter shall apply to any State or local government with respect to any of its fiscal years which begin after December 31, 1984.
"(b) The Director, on or before May 1, 1987, and annually thereafter, shall submit to each House of Congress a report on operations under this chapter. Each such report shall specifically identify each Federal agency or State or local government which is failing to comply with this chapter."
CHAPTER 77 —ACCESS TO INFORMATION FOR DEBT COLLECTION
Editorial Notes
Amendments
1996—
§7701. Taxpayer identifying number
(a) In this section—
(1) "included Federal loan program" has the same meaning given that term in section 6103(l)(3)(C) of the Internal Revenue Code of 1986 (
(2) "taxpayer identifying number" means the identifying number required under section 6109 of the Internal Revenue Code of 1986 (
(b) The head of an agency administering an included Federal loan program shall require a person applying for a loan under the program to provide that person's taxpayer identifying number.
(c)(1) The head of each Federal agency shall require each person doing business with that agency to furnish to that agency such person's taxpayer identifying number.
(2) For purposes of this subsection, a person shall be considered to be doing business with a Federal agency if the person is—
(A) a lender or servicer in a Federal guaranteed or insured loan program administered by the agency;
(B) an applicant for, or recipient of, a Federal license, permit, right-of-way, grant, or benefit payment administered by the agency or insurance administered by the agency;
(C) a contractor of the agency;
(D) assessed a fine, fee, royalty or penalty by the agency; and
(E) in a relationship with the agency that may give rise to a receivable due to that agency, such as a partner of a borrower in or a guarantor of a Federal direct or insured loan administered by the agency.
(3) Each agency shall disclose to a person required to furnish a taxpayer identifying number under this subsection its intent to use such number for purposes of collecting and reporting on any delinquent amounts arising out of such person's relationship with the Government.
(4) For purposes of this subsection, a person shall not be treated as doing business with a Federal agency solely by reason of being a debtor under third party claims of the United States. The preceding sentence shall not apply to a debtor owing claims resulting from petroleum pricing violations or owing claims resulting from Federal loan or loan guarantee/insurance programs.
(d) Notwithstanding
(Added
Editorial Notes
References in Text
Section 6103 of the Internal Revenue Code of 1986, referred to in subsecs. (a)(1) and (d), is classified to
Amendments
1996—Subsecs. (c), (d).