§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.
(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.
Amendments
1996-Par. (4)(B).
1994-Par. (4)(B).
1986-Par. (4)(B).
1983-Pars. (5), (6).
Par. (7).
Effective Date of 1996 Amendment
Section 6(a) of
Federal Financial Assistance Management Improvement
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Federal Financial Assistance Management Improvement Act of 1999'.
"SEC. 2. FINDINGS.
"Congress finds that-
"(1) there are over 600 different Federal financial assistance programs to implement domestic policy;
"(2) while the assistance described in paragraph (1) has been directed at critical problems, some Federal administrative requirements may be duplicative, burdensome or conflicting, thus impeding cost-effective delivery of services at the local level;
"(3) the Nation's State, local, and tribal governments and private, nonprofit organizations are dealing with increasingly complex problems which require the delivery and coordination of many kinds of services; and
"(4) streamlining and simplification of Federal financial assistance administrative procedures and reporting requirements will improve the delivery of services to the public.
"SEC. 3. PURPOSES.
"The purposes of this Act are to-
"(1) improve the effectiveness and performance of Federal financial assistance programs;
"(2) simplify Federal financial assistance application and reporting requirements;
"(3) improve the delivery of services to the public; and
"(4) facilitate greater coordination among those responsible for delivering such services.
"SEC. 4. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(A) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;
"(B) is not organized primarily for profit; and
"(C) uses net proceeds to maintain, improve, or expand the operations of the organization.
"(7)
"(8)
"(9)
"SEC. 5. DUTIES OF FEDERAL AGENCIES.
"(a)
"(1) streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency;
"(2) demonstrates active participation in the interagency process under section 6(a)(2);
"(3) demonstrates appropriate agency use, or plans for use, of the common application and reporting system developed under section 6(a)(1);
"(4) designates a lead agency official for carrying out the responsibilities of the agency under this Act;
"(5) allows applicants to electronically apply for, and report on the use of, funds from the Federal financial assistance program administered by the agency;
"(6) ensures recipients of Federal financial assistance provide timely, complete, and high quality information in response to Federal reporting requirements; and
"(7) in cooperation with recipients of Federal financial assistance, establishes specific annual goals and objectives to further the purposes of this Act and measure annual performance in achieving those goals and objectives, which may be done as part of the agency's annual planning responsibilities under the Government Performance and Results Act of 1993 (
"(b)
"(c)
"(1)
"(2)
"(d)
"SEC. 6. DUTIES OF THE DIRECTOR.
"(a)
"(1) a common application and reporting system, including-
"(A) a common application or set of common applications, wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies;
"(B) a common system, including electronic processes, wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; and
"(C) uniform administrative rules for Federal financial assistance programs across different Federal agencies; and
"(2) an interagency process for addressing-
"(A) ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities;
"(B) improved interagency and intergovernmental coordination of information collection and sharing of data pertaining to Federal financial assistance programs, including appropriate information sharing consistent with section 552a of title 5, United States Code; and
"(C) improvements in the timeliness, completeness, and quality of information received by Federal agencies from recipients of Federal financial assistance.
"(b)
"(c)
"(d)
"(e)
"(f)
"SEC. 7. EVALUATION.
"(a)
"(b)
"(1) assess the effectiveness of this Act in meeting the purposes of this Act and make specific recommendations to further the implementation of this Act;
"(2) evaluate actual performance of each agency in achieving the goals and objectives stated in agency plans; and
"(3) assess the level of coordination among the Director, Federal agencies, State, local, and tribal governments, and nonprofit organizations in implementing this Act.
"SEC. 8. COLLECTION OF INFORMATION.
"Nothing in this Act shall be construed to prevent the Director or any Federal agency from gathering, or to exempt any recipient of Federal financial assistance from providing, information that is required for review of the financial integrity or quality of services of an activity assisted by a Federal financial assistance program.
"SEC. 9. JUDICIAL REVIEW.
"There shall be no judicial review of compliance or noncompliance with any of the provisions of this Act. No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action.
"SEC. 10. STATUTORY REQUIREMENTS.
"Nothing in this Act shall be construed as a means to deviate from the statutory requirements relating to applicable Federal financial assistance programs.
"SEC. 11. EFFECTIVE DATE AND SUNSET.
"This Act shall take effect on the date of the enactment of this Act [Nov. 20, 1999] and shall cease to be effective 8 years after such date of enactment."
Uniform Suspension, Debarment or Exclusion From Procurement or Nonprocurement 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.
"(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
Section 7 of
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.