In this chapter—(1) “administering office” means the lowest unit of an agency responsible for managing a domestic assistance program.
(2) “agency” has the same meaning given that term in section 551(1) of title 5.
(3) “assistance”—(A) means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including—(i) financial assistance;
(ii) United States Government facilities, services, and property; and
(iii) expert and technical information; and
(B) does not include conventional public information services or procurement of property or services for the direct benefit or use of the Government.
(4) “domestic assistance program”—(A) means assistance from an agency for—(i) a State;
(ii) the District of Columbia;
(iii) a territory or possession of the United States;
(iv) a county;
(v) a city;
(vi) a political subdivision or instrumentality of a governmental authority listed in subclauses (i)–(v) of this clause (A);
(vii) a domestic corporation;
(viii) a domestic institution; and
(ix) an individual of the United States; and
(B) does not include assistance from an agency for an agency.
(5) “Director” means the Director of the Office of Management and Budget.
(6) “Administrator” means the Administrator of General Services.
(7) “formula” means any prescribed method employing objective data or statistical estimates for making individual determinations among recipients of Federal funds, either in terms of eligibility or actual funding allocations, that can be written in the form of either—(A) a closed mathematical statement; or
(B) an iterative procedure or algorithm which can be written as a computer program;
and from which the results can be objectively replicated, within reasonable limits due to rounding error, through independent application of such statement, procedures, or algorithm, by different qualified individuals.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1000; Pub. L. 98–169, §§ 1(1), 3(a), Nov. 29, 1983, 97 Stat. 1113; Pub. L. 99–547, § 2(b)(2), Oct. 27, 1986, 100 Stat. 3060; Pub. L. 103–272, § 4(f)(1)(S), July 5, 1994, 108 Stat. 1362; Pub. L. 104–287, § 6(a)(1), Oct. 11, 1996, 110 Stat. 3398.)
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
6101(1)31:1701(4).Dec. 28, 1977, Pub. L. 95–220, § 2, 91 Stat. 1615.
6101(2)31:1701(2).
6101(3)31:1701(1).
6101(4)31:1701(3).
In the section, the word “Federal” is omitted as unnecessary.
In clause (1), the word “unit” is substituted for “subdivision” for consistency in the revised title. The words “direct operational” are omitted as unnecessary.
In clause (3)(A), the words “money, property, services, or” are omitted as being included in “anything of value”. The word “for” is substituted for “the principal purpose of which is to accomplish” to eliminate unnecessary words. In subclause (i), the words “grants, loans, loan guarantees, scholarships, mortgage loans, insurance or other types of” are omitted as being included in “financial assistance”. In subclause (ii), the word “goods” is omitted as being included in “property”. The words “and service activities of regulatory agencies” are omitted as being included in “services”. In subclause (iii), the words “expert and technical information” are substituted for “technical assistance, and counseling, statistical and other expert information” to eliminate unnecessary words.
In clause (3)(B), the words “or procurement of property or services for the direct benefit or use of the Government” are added for consistency in subtitle V of the revised title.
In clause (4)(A), the words “or benefits” are omitted as being included in “assistance”. Subclause (ii) is included for consistency in the revised title because the District of Columbia is stated when a provision is meant to apply to the District. In subclause (vi), the word “grouping” is omitted as being included in “political subdivision or instrumentality”. In subclauses (vii)–(ix), the words “profit or nonprofit” are omitted as surplus. In subclause (ix), the words “individual of the United States” are substituted for “domestic . . . individual” for clarity.
Editorial Notes
Amendments1996—Par. (4)(B). Pub. L. 104–287 made technical amendment to directory language of Pub. L. 103–272. See 1994 Amendment note below.
1994—Par. (4)(B). Pub. L. 103–272, as amended by Pub. L. 104–287, substituted “agency.” for “agency” at end.
1986—Par. (4)(B). Pub. L. 99–547 substituted “assistance from an agency for an agency” for “a department, agency, or instrumentality of the Government.”
1983—Pars. (5), (6). Pub. L. 98–169, § 1(1), added pars. (5) and (6).
Par. (7). Pub. L. 98–169, § 3(a), added par. (7).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104–287, § 6(a), Oct. 11, 1996, 110 Stat. 3398, provided that the amendment made by that section is effective July 5, 1994.
Short Title of 2022 AmendmentPub. L. 117–219, § 1, Dec. 5, 2022, 136 Stat. 2271, provided that: “This Act [enacting section 6309 of this title, amending section 6102 of this title and section 3504 of Title 44, Public Printing and Documents, and enacting provisions set out as notes under section 6102 of this title] may be cited as the ‘Metropolitan Areas Protection and Standardization Act of 2021’ or the ‘MAPS Act of 2021’.”
Short Title of 2021 AmendmentPub. L. 117–40, § 1, Sept. 24, 2021, 135 Stat. 337, provided that: “This Act [amending section 1105 of this title and provisions set out as a note under this section] may be cited as the ‘Congressional Budget Justification Transparency Act of 2021’.”
Short Title of 2014 AmendmentPub. L. 113–101, § 1, May 9, 2014, 128 Stat. 1146, provided that: “This Act [amending sections 3512 and 3716 of this title and enacting and amending provisions set out as notes under this section] may be cited as the ‘Digital Accountability and Transparency Act of 2014’ or the ‘DATA Act’.”
Short Title of 2008 AmendmentPub. L. 110–252, title VI, § 6201, June 30, 2008, 122 Stat. 2387, provided that: “This chapter [chapter 2 (§§ 6201, 6202) of title VI of Pub. L. 110–252, enacting and amending provisions set out as notes under this section] may be cited as the ‘Government Funding Transparency Act of 2008’.”
Grant TransparencyPub. L. 118–140, Dec. 11, 2024, 138 Stat. 1657, provided that:
Reporting on Use of FundsPub. L. 116–136, div. B, title V, § 15011, Mar. 27, 2020, 134 Stat. 540, provided that:
“(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 section 424 of Title 5, Government Organization and Employees];
“(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 [Pub. L. 109–282] (31 U.S.C. 6101 note) allowing aggregate reporting on awards below $50,000 or to individuals, as prescribed by the Director of the Office of Management and Budget.
“(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 ProducersPub. L. 115–334, title I, § 1707, Dec. 20, 2018, 132 Stat. 4529, provided that:
“(a) Definition of Exempted Producer.—In this section, the term ‘exempted producer’ means an individual or entity that is eligible to participate in—“(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 (7 U.S.C. 8301 et seq.) or the Plant Protection Act (7 U.S.C. 7701 et seq.); or
“(3) a commodity program under title I of the Agricultural Act of 2014 (7 U.S.C. 9011 et seq.), excluding the assistance provided to users of cotton under sections 1207(c) and 1208 of that Act (7 U.S.C. 9037(c), 9038).
“(b) Exemption.—Notwithstanding the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282; 31 U.S.C. 6101 note), the requirements of parts 25 and 170 of title 2, Code of Federal Regulations (or successor regulations), shall not apply with respect to assistance received by an exempted producer from the Secretary [of Agriculture], acting through the Chief of the Natural Resources Conservation Service, the Administrator of the Animal and Plant Health Inspection Service, or the Administrator of the Farm Service Agency.”
PurposesPub. L. 113–101, § 2, May 9, 2014, 128 Stat. 1146, provided that:
“The purposes of this Act [see Short Title of 2014 Amendment note above] are to—
“(1) expand the Federal Funding Accountability and Transparency Act of 2006 [Pub. L. 109–282] (31 U.S.C. 6101 note) by disclosing direct Federal agency expenditures and linking Federal contract, loan, and grant spending information to programs of Federal agencies to enable taxpayers and policy makers to track Federal spending more effectively;
“(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 DevelopmentPub. L. 112–239, div. A, title VIII, § 861, Jan. 2, 2013, 126 Stat. 1857, provided that:
“(a) Requirements.—Not later than 180 days after the date of the enactment of this Act [Jan. 2, 2013], the head of the covered agency concerned shall ensure the following:“(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) Duties of Interagency Committee on Debarment and Suspension.—
[Amended section 873 of Pub. L. 110–417, set out below.]
“(c) Covered Agency.—In this section, the term ‘covered agency’ means the Department of Defense, the Department of State, and the United States Agency for International Development.”
Role of Interagency Committee on Debarment and SuspensionPub. L. 110–417, [div. A], title VIII, § 873, Oct. 14, 2008, 122 Stat. 4557, as amended by Pub. L. 111–383, div. A, title X, § 1075(e)(16), Jan. 7, 2011, 124 Stat. 4375; Pub. L. 112–239, div. A, title VIII, § 861(b), Jan. 2, 2013, 126 Stat. 1858, provided that:
“(a) Requirement.—The Interagency Committee on Debarment and Suspension shall—“(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) Date of Submittal of Annual Reports.—The annual report required by subsection (a)(7) shall be submitted not later than January 31 of each year, beginning with January 31, 2014.
“(c) Definitions.—In this section:“(1) The term ‘contingency operation’ has the meaning given that term in section 101(a)(13) of title 10, United States Code.
“(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 TransparencyPub. L. 110–252, title VI, § 6202(b), June 30, 2008, 122 Stat. 2387, provided that: “The Director of the Office of Management and Budget shall promulgate regulations to implement the amendment made by this chapter [amending Pub. L. 109–282, set out below]. Such regulations shall include a definition of ‘total compensation’ that is consistent with regulations of the Securities and Exchange Commission at section 402 of part 229 of title 17 of the Code of Federal Regulations (or any subsequent regulation).”
Pub. L. 109–282, Sept. 26, 2006, 120 Stat. 1186, as amended by Pub. L. 110–252, title VI, § 6202(a), June 30, 2008, 122 Stat. 2387; Pub. L. 113–101, § 3, May 9, 2014, 128 Stat. 1146; Pub. L. 117–40, § 2(a), Sept. 24, 2021, 135 Stat. 337, provided that:
Federal Financial Assistance Management ImprovementPub. L. 106–107, Nov. 20, 1999, 113 Stat. 1486, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814, which required Federal agencies to streamline and simplify the application, administrative, and reporting procedures for Federal financial assistance programs, ceased to be effective on Nov. 20, 2007.
Uniform Suspension, Debarment or Exclusion From Procurement or Nonprocurement ActivityPub. L. 103–355, title II, § 2455, Oct. 13, 1994, 108 Stat. 3327, as amended by Pub. L. 111–84, div. A, title VIII, § 815, Oct. 28, 2009, 123 Stat. 2408; Pub. L. 115–232, div. A, title VIII, § 836(g)(4), Aug. 13, 2018, 132 Stat. 1873, provided that:
“(a) Requirement for Regulations.—Regulations shall be issued providing that provisions for 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 [set out below], shall have government-wide 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) Authority To Grant Exception.—The regulations issued pursuant to subsection (a) shall provide that 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.
“(c) Definitions.—In this section:“(1) The term ‘procurement activities’ means all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation. Such term includes subcontracts at any tier, other than subcontracts for commercially available off-the-shelf items (as defined in section 35(c) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 431(c)) [now 41 U.S.C. 104]), except that in the case of a contract for commercial products, such term includes only first-tier subcontracts.
“(2) The term ‘nonprocurement activities’ means all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 and the Office of Management and Budget guidelines implementing that order.
“(3) The term ‘agency’ means an Executive agency as defined in section 103 of title 5, United States Code.”
Transfer of Personnel, Property, Records, and AppropriationsPub. L. 98–169, § 7, Nov. 29, 1983, 97 Stat. 1115, provided that: “The Director of the Office of Management and Budget shall transfer to the Administrator of General Services such personnel, property, records, and unexpended balances of appropriations available in connection with any authorities and responsibilities so transferred, as the Director of the Office of Management and Budget determines are necessary to carry out the responsibilities transferred pursuant to this Act [enacting sections 6105 and 6106 of this title, amending sections 6101 to 6104 of this title and repealing section 6105 of this title].”
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:
Section 1. (a) To the extent permitted by law and subject to the limitations in Section 1(c), Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government-wide effect.
(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.
Sec. 2. To the extent permitted by law, Executive departments and agencies shall:
(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.
Sec. 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines.
Sec. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which shall monitor implementation of this Order. The Committee shall consist of representatives of agencies designated by the Director of the Office of Management and Budget.
Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government-wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order.
Sec. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government-wide criteria and government-wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines.
Sec. 7. The Director of the Office of Management and Budget shall report to the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make such recommendations as are appropriate further to curb fraud, waste, and abuse.
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:
Section 1. Definitions. For purposes of this order:
(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.
Sec. 2. Governmentwide Effect.
(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.
Sec. 3. Implementation.
(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.