Federal Funding Accountability and Transparency Act of 2006, as amended (31 U.S.C. 6101)

§ 6101
69.
71.
73.
75.
77.

TITLE 31—MONEY AND FINANCE
Payment for Entitlement Land .......
Joint Funding Simplification ..........
Administering Block Grants ............
Requirements for Single Audits ......
Access to information for debt collection 1 ...............................................

6901
7101
7301
7501
7701

Editorial Notes
AMENDMENTS
2019—Pub. L. 116–103, § 4(b), Dec. 30, 2019, 133 Stat.
3270, added item for chapter 64.
1996—Pub. L. 104–134, title III, § 31001(i)(3)(B), Apr. 26,
1996, 110 Stat. 1321–365, which directed that the table of
chapters for subtitle VI of this title be amended by inserting a new item for chapter 77 ‘‘Access to information for debt collection’’ before the item for chapter 91,
was executed to the table of chapters for subtitle V of
this title by substituting ‘‘Access to information for
debt collection’’ for ‘‘Loan Requirements’’ in item for
chapter 77, to reflect the probable intent of Congress.
1994—Pub. L. 103–322, title III, § 31002, Sept. 13, 1994,
108 Stat. 1882, added item for chapter 67.
Pub. L. 103–272, § 4(f)(1)(Y)(ii), July 5, 1994, 108 Stat.
1363, added item for chapter 77.
1986—Pub. L. 99–547, § 2(c), Oct. 27, 1986, 100 Stat. 3060,
added item for chapter 62.
Pub. L. 99–272, title XIV, § 14001(b)(1), Apr. 7, 1986, 100
Stat. 328, struck out item for chapter 67 ‘‘Revenue
Sharing’’.
1984—Pub. L. 98–502, § 2(c), Oct. 19, 1984, 98 Stat. 2334,
added item for chapter 75.

CHAPTER 61—PROGRAM INFORMATION
Sec.

6101.
6102.
6102a.
6103.
6104.
6105.
6106.

Definitions.
Program information requirements.
Assistance awards information system.
Access to computer information system.
Catalog of Federal domestic assistance programs.
Oversight responsibility of Director.
Authorization of appropriations.
Editorial Notes
AMENDMENTS

1983—Pub. L. 98–169, § 6, Nov. 29, 1983, 97 Stat. 1115,
added items 6105 and 6106, and struck out item 6105
‘‘Authorization of appropriations’’.
Pub. L. 97–452, § 1(23)(B), Jan. 12, 1983, 96 Stat. 2478,
added item 6102a.

§ 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 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.

Page 504

(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
Section

Source (U.S. Code)

6101(1) .....

31:1701(4).

6101(2) .....
6101(3) .....
6101(4) .....

31:1701(2).
31:1701(1).
31:1701(3).

Source (Statutes at Large)
Dec. 28, 1977, Pub. L. 95–220,
§ 2, 91 Stat. 1615.

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.

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TITLE 31—MONEY AND FINANCE

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). 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 AMENDMENT
Pub. 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 AMENDMENT
Pub. 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 AMENDMENT
Pub. 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 AMENDMENT
Pub. 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 AMENDMENT
Pub. 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’.’’
REPORTING ON USE OF FUNDS
Pub. 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

§ 6101

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.’’

§ 6101

TITLE 31—MONEY AND FINANCE

EXEMPTION FROM CERTAIN REPORTING REQUIREMENTS
FOR CERTAIN AGRICULTURAL PRODUCERS
Pub. 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.’’
PURPOSES
Pub. 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 DEVELOPMENT
Pub. 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

Page 506

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
SUSPENSION
Pub. 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.

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TITLE 31—MONEY AND FINANCE

‘‘(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 TRANSPARENCY
Pub. L. 110–252, title VI, § 6202(b), June 30, 2008, 122
Stat. 2387, provided that: ‘‘The Director of the Office of
Management and Budget shall promulgate regulations
to implement the amendment made by this chapter
[amending Pub. L. 109–282, set out below]. Such regulations shall include a definition of ‘total compensation’
that is consistent with regulations of the Securities
and Exchange Commission at section 402 of part 229 of
title 17 of the Code of Federal Regulations (or any subsequent regulation).’’
Pub. L. 109–282, Sept. 26, 2006, 120 Stat. 1186, as amended by Pub. L. 110–252, title VI, § 6202(a), June 30, 2008, 122
Stat. 2387; 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:
‘‘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) DEFINITIONS.—In this Act:
‘‘(1) DIRECTOR.—The term ‘Director’ means the Director of the Office of Management and Budget.
‘‘(2) ENTITY.—The term ‘entity’—
‘‘(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) FEDERAL AGENCY.—The term ‘Federal agency’
has the meaning given the term ‘Executive agency’
under section 105 of title 5, United States Code.
‘‘(4) FEDERAL AWARD.—The term ‘Federal award’—
‘‘(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) OBJECT CLASS.—The term ‘object class’ means
the category assigned for purposes of the annual
budget of the President submitted under section
1105(a) of title 31, United States Code, to the type of
property or services purchased by the Federal Government.
‘‘(6) PROGRAM ACTIVITY.—The term ‘program activity’ has the meaning given that term under section
1115(h) of title 31, United States Code.
‘‘(7) SEARCHABLE WEBSITE.—The term ‘searchable
website’ means a website that allows the public to—
‘‘(A) search and aggregate Federal funding by any
element required by subsection (b)(1);

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‘‘(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) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Treasury.
‘‘(b) IN GENERAL.—
‘‘(1) WEBSITE.—Not later than January 1, 2008, the
Office of Management and Budget shall, in accordance with this section, section 204 of the E-Government Act of 2002 (Public Law 107–347; 44 U.S.C. 3501
note), and the Office of Federal Procurement Policy
Act ([former] 41 U.S.C. 403 [401] et seq.) [now division
B (except sections 1123, 2303, 2304, and 2313) of subtitle
I of title 41], ensure the existence and operation of a
single searchable website, accessible by the public at
no cost to access, that includes for each Federal
award—
‘‘(A) the name of the entity receiving the award;
‘‘(B) the amount of the award;
‘‘(C) information on the award including transaction type, funding agency, the North American
Industry Classification System code or Catalog of
Federal Domestic Assistance number (where applicable), program source, and an award title descriptive of the purpose of each funding action;
‘‘(D) the location of the entity receiving the
award and the primary location of performance
under the award, including the city, State, congressional district, and country;
‘‘(E) a unique identifier of the entity receiving
the award and of the parent entity of the recipient,
should the entity be owned by another entity;
‘‘(F) the names and total compensation of the five
most highly compensated officers of the entity if—
‘‘(i) the entity in the preceding fiscal year received—
‘‘(I) 80 percent or more of its annual gross revenues in Federal awards; and
‘‘(II) $25,000,000 or more in annual gross revenues from Federal awards; and
‘‘(ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed
under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. [;
and]
‘‘(G) any other relevant information specified by
the Office of Management and Budget.
‘‘(2) SCOPE OF DATA.—The website shall include data
for fiscal year 2007, and each fiscal year thereafter.
‘‘(3) DESIGNATION OF AGENCIES.—The Director is authorized to designate one or more Federal agencies to
participate in the development, establishment, operation, and support of the single website. In the initial
designation, or in subsequent instructions and guidance, the Director may specify the scope of the responsibilities of each such agency.
‘‘(4) AGENCY RESPONSIBILITIES.—Federal agencies
shall comply with the instructions and guidance
issued by the Director under paragraph (3), and shall
provide appropriate assistance to the Director upon
request, so as to assist the Director in ensuring the
existence and operation of the single website.
‘‘(c) WEBSITE.—The website established under this
section—
‘‘(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;

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TITLE 31—MONEY AND FINANCE

‘‘(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) SUBAWARD DATA.—
‘‘(1) PILOT PROGRAM.—
‘‘(A) IN GENERAL.—Not later than July 1, 2007, the
Director shall commence a pilot program to—
‘‘(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) TERMINATION.—The pilot program under subparagraph (A) shall terminate not later than January 1, 2009.
‘‘(2) REPORTING OF SUBAWARDS.—
‘‘(A) IN GENERAL.—Based on the pilot program
conducted under paragraph (1), and, except as provided in subparagraph (B), not later than January 1,
2009, the Director—
‘‘(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) EXTENSION OF DEADLINE.—For subaward recipients that receive Federal funds through State,
local, or tribal governments, the Director may extend the deadline for ensuring that data regarding
such subawards are disclosed in the same manner as
data regarding other Federal awards for a period
not to exceed 18 months, if the Director determines
that compliance would impose an undue burden on
the subaward recipient.

Page 508

‘‘(e) EXCEPTION.—Any entity that demonstrates to
the Director that the gross income, from all sources,
for such entity did not exceed $300,000 in the previous
tax year of such entity shall be exempt from the requirement to report subawards under subsection (d),
until the Director determines that the imposition of
such reporting requirements will not cause an undue
burden on such entities.
‘‘(f) CONSTRUCTION.—Nothing in this Act shall prohibit the Office of Management and Budget from including through the website established under this section access to data that is publicly available in any
other Federal database.
‘‘(g) REPORT.—
‘‘(1) IN GENERAL.—The Director shall submit to the
Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives an annual report regarding the implementation of the
website established under this section.
‘‘(2) CONTENTS.—Each report submitted under paragraph (1) shall include—
‘‘(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) PUBLICATION.—The Director shall make each
report submitted under paragraph (1) publicly available on the website established under this section.
‘‘SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS.
‘‘(a) IN GENERAL.—Not less frequently than monthly
when practicable, and in any event not less frequently
than quarterly, the Secretary (in consultation with the
Director and, with respect to information described in
subsection (b)(2), the head of the applicable Federal
agency) shall ensure that updated information with respect to the information described in subsection (b) is
posted on the website established under section 2.
‘‘(b) INFORMATION TO BE POSTED.—
‘‘(1) FUNDS.—For any funds made available to or expended by a Federal agency or component of a Federal agency, the information to be posted shall include—
‘‘(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) BUDGET JUSTIFICATIONS.—
‘‘(A) DEFINITIONS.—In this paragraph—
‘‘(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 section 1105(a) of title 31, United
States Code; and
‘‘(ii) the term ‘open Government data asset’ has
the meaning given that term in section 3502 of
title 44, United States Code.

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TITLE 31—MONEY AND FINANCE

‘‘(B) INFORMATION.—The information to be posted—
‘‘(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 section 552(b) of title 5, United
States Code.
‘‘(C) FORMAT.—Budget justification materials
shall be posted under subparagraph (B)—
‘‘(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) DEADLINE.—The budget justification materials required to be posted under subparagraph
(B)(i) shall be posted not later than 2 weeks after
the date on which the budget justification materials are first submitted to Congress.
‘‘(E) RULE OF CONSTRUCTION.—Nothing in this
paragraph shall be construed to authorize a Federal
agency, or a component of a Federal agency, to destroy any budget justification materials relating to
a fiscal year before the fiscal year described in subparagraph (B)(i).
‘‘SEC. 4. DATA STANDARDS.
‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT OF STANDARDS.—The Secretary
and the Director, in consultation with the heads of
Federal agencies, shall establish Government-wide financial data standards for any Federal funds made
available to or expended by Federal agencies and entities receiving Federal funds.
‘‘(2) DATA ELEMENTS.—The financial data standards
established under paragraph (1) shall include common
data elements for financial and payment information
required to be reported by Federal agencies and entities receiving Federal funds.
‘‘(b) REQUIREMENTS.—The data standards established
under subsection (a) shall, to the extent reasonable and
practicable—
‘‘(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) DEADLINES.—
‘‘(1) GUIDANCE.—Not later than 1 year after the date
of enactment of the Digital Accountability and
Transparency Act of 2014 [May 9, 2014], the Director
and the Secretary shall issue guidance to Federal
agencies on the data standards established under subsection (a).

§ 6101

‘‘(2) AGENCIES.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), not later than 2 years after the date on
which the guidance under paragraph (1) is issued,
each Federal agency shall report financial and payment information data in accordance with the data
standards established under subsection (a).
‘‘(B) NONINTERFERENCE WITH AUDITABILITY OF DEPARTMENT OF DEFENSE FINANCIAL STATEMENTS.—
‘‘(i) IN GENERAL.—Upon request by the Secretary of Defense, the Director may grant an extension of the deadline under subparagraph (A) to
the Department of Defense for a period of not
more than 6 months to report financial and payment information data in accordance with the
data standards established under subsection (a).
‘‘(ii) LIMITATION.—The Director may not grant
more than 3 extensions to the Secretary of Defense under clause (i).
‘‘(iii) NOTIFICATION.—The Director of the Office
of Management and Budget shall notify the Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services of
the Senate and the Committee on Oversight and
Government Reform [now Committee on Oversight and Accountability] and the Committee on
Armed Services of the House of Representatives
of—
‘‘(I) each grant of an extension under clause
(i); and
‘‘(II) the reasons for granting such an extension.
‘‘(3) WEBSITE.—Not later than 3 years after the date
on which the guidance under paragraph (1) is issued,
the Director and the Secretary shall ensure that the
data standards established under subsection (a) are
applied to the data made available on the website established under section 2.
‘‘(d) CONSULTATION.—The Director and the Secretary
shall consult with public and private stakeholders in
establishing data standards under this section.
‘‘SEC. 5. SIMPLIFYING FEDERAL AWARD REPORTING.
‘‘(a) IN GENERAL.—The Director, in consultation with
relevant Federal agencies, recipients of Federal awards,
including State and local governments, and institutions of higher education (as defined in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002)), shall
review the information required to be reported by recipients of Federal awards to identify—
‘‘(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) PILOT PROGRAM.—
‘‘(1) ESTABLISHMENT.—Not later than 1 year after
the date of enactment of the Digital Accountability
and Transparency Act of 2014 [May 9, 2014], the Director, or a Federal agency designated by the Director,
shall establish a pilot program (in this section referred to as the ‘pilot program’) with the participation of appropriate Federal agencies to facilitate the
development of recommendations for—
‘‘(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) REQUIREMENTS.—The pilot program shall—
‘‘(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.

§ 6101

TITLE 31—MONEY AND FINANCE

‘‘(3) DATA COLLECTION.—The pilot program shall include data collected during a 12-month reporting
cycle.
‘‘(4) REPORTING AND EVALUATION REQUIREMENTS.—
Each recipient of a Federal award participating in
the pilot program shall submit to the Office of Management and Budget or the Federal agency designated under paragraph (1), as appropriate, any requested reports of the selected Federal awards.
‘‘(5) TERMINATION.—The pilot program shall terminate on the date that is 2 years after the date on
which the pilot program is established.
‘‘(6) REPORT TO CONGRESS.—Not later than 90 days
after the date on which the pilot program terminates
under paragraph (5), the Director shall submit to the
Committee on Homeland Security and Governmental
Affairs and the Committee on the Budget of the Senate and the Committee on Oversight and Government
Reform [now Committee on Oversight and Accountability] and the Committee on the Budget of the
House of Representatives a report on the pilot program, which shall include—
‘‘(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) GOVERNMENT-WIDE IMPLEMENTATION.—Not later
than 1 year after the date on which the Director submits the report under paragraph (6), the Director
shall issue guidance to the heads of Federal agencies
as to how the Government-wide financial data standards established under section 4(a) shall be applied to
the information required to be reported by entities
receiving Federal awards to—
‘‘(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) INSPECTOR GENERAL REPORTS.—
‘‘(1) IN GENERAL.—In accordance with paragraph (2),
the Inspector General of each Federal agency, in consultation with the Comptroller General of the United
States, shall—
‘‘(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) DEADLINES.—
‘‘(A) FIRST REPORT.—Not later than 18 months
after the date on which the Director and the Secretary issue guidance to Federal agencies under
section 4(c)(1), the Inspector General of each Federal agency shall submit and make publically available a report as described in paragraph (1).
‘‘(B) SUBSEQUENT REPORTS.—On the same date as
the Inspector General of each Federal agency submits the second and fourth reports under sections
3521(f) and 9105(a)(3) of title 31, United States Code,
that are submitted after the report under subparagraph (A), the Inspector General shall submit and
make publically available a report as described in
paragraph (1). The report submitted under this subparagraph may be submitted as a part of the report

Page 510

submitted under section 3521(f) or 9105(a)(3) of title
31, United States Code.
‘‘(b) COMPTROLLER GENERAL REPORTS.—
‘‘(1) IN GENERAL.—In accordance with paragraph (2)
and after a review of the reports submitted under
subsection (a), the Comptroller General of the United
States shall submit to Congress and make publically
available a report assessing and comparing the data
completeness, timeliness, quality, and accuracy of
the data submitted under this Act by Federal agencies and the implementation and use of data standards by Federal agencies.
‘‘(2) DEADLINES.—Not later than 30 months after the
date on which the Director and the Secretary issue
guidance to Federal agencies under section 4(c)(1),
and every 2 years thereafter until the date that is 4
years after the date on which the first report is submitted under this subsection, the Comptroller General of the United States shall submit and make publically available a report as described in paragraph
(1).
‘‘(c) RECOVERY ACCOUNTABILITY AND TRANSPARENCY
BOARD DATA ANALYSIS CENTER.—
‘‘(1) IN GENERAL.—The Secretary may establish a
data analysis center or expand an existing service to
provide data, analytic tools, and data management
techniques to support—
‘‘(A) the prevention and reduction of improper
payments by Federal agencies; and
‘‘(B) improving efficiency and transparency in
Federal spending.
‘‘(2) DATA AVAILABILITY.—The Secretary shall enter
into memoranda of understanding with Federal agencies, including Inspectors General and Federal law
enforcement agencies—
‘‘(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) TRANSFER.—Upon the establishment of a data
analysis center or the expansion of a service under
paragraph (1), and on or before the date on which the
Recovery Accountability and Transparency Board
terminates, and in addition to any other transfer
that the Director determines is necessary under section 1531 of title 31, United States Code, there are
transferred to the Department of the Treasury all assets identified by the Secretary that support the operations and activities of the Recovery Operations
Center of the Recovery Accountability and Transparency Board relating to the detection of waste,
fraud, and abuse in the use of Federal funds that are
in existence on the day before the transfer.
‘‘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 section 552 of title 5, United States Code
(commonly known as the ‘Freedom of Information
Act’); or
‘‘(2) information protected under section 552a of
title 5, United States Code (commonly known as the
‘Privacy Act of 1974’), or section 6103 of the Internal
Revenue Code of 1986 [26 U.S.C. 6103].
‘‘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.’’

Page 511

TITLE 31—MONEY AND FINANCE

FEDERAL FINANCIAL ASSISTANCE MANAGEMENT
IMPROVEMENT
Pub. 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 ACTIVITY
Pub. 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
APPROPRIATIONS
Pub. 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:

§ 6101

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 governmentwide 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.

§ 6102

TITLE 31—MONEY AND FINANCE

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.

§ 6102. Program information requirements
(a) The Director shall collect and review information on domestic assistance programs and

Page 512

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—