31 U.S.C. § 6102 — Program information requirements

Page 516 TITLE 31—MONEY AND FINANCE § 6102 transaction upon a written determination by the agen- cy head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I in- tend 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 reconsider- ation 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 Budg- et. 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 indi- viduals and organizations excluded from program par- ticipation 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 sus- pension of contractors; chair the Interagency Com- mittee 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 gov- ernment-wide criteria and government-wide minimum due process procedures, and set forth other related de- tails 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 rec- ommendations 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, pro- vided: 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 Gov- ernment, to deal only with responsible persons, and to insure proper management and integrity in Federal ac- tivities, 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 pro- grams and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Ex- ecutive 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 resolu- tion of differences and promulgation of final regula- tions pursuant to section 3 of this order, the debar- ment, suspension, or other exclusion of a participant in a procurement activity under the Federal Acquisition Regulation, or in a nonprocurement activity under reg- ulations issued pursuant to Executive Order No. 12549, shall have governmentwide effect. No agency shall allow a party to participate in any procurement or non- procurement activity if any agency has debarred, sus- pended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participa- tion 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 non- procurement activities of that agency to the extent ex- ceptions are authorized under regulations issued pursu- ant 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 Regu- lation 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 simulta- neously within 12 months of the publication of the pro- posed regulations, to be effective 30 days thereafter. GEORGE BUSH. § 6102. Program information requirements (a) The Director shall collect and review infor- mation on domestic assistance programs and shall provide such information to the Adminis- trator. The information on each domestic assist- ance 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 as- sistance; (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 Direc- tor), for purposes including prime recipient and subrecipient eligibility for, and distribu- tion of, any Federal service, benefit, or fund- ing; 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 pro- gram; or Page 517 TITLE 31—MONEY AND FINANCE § 6102 (C) a mathematical statement which is de- rived from the language referred to in sub- paragraphs (A) and (B) of this paragraph; (4) a description of all data and statistical estimates used to carry out each formula spec- ified pursuant to paragraph (3), and an identi- fication of the sources of such data and esti- mates; (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 re- gional and local offices with their addresses and telephone numbers. (7) a general description of— (A) the application requirements and pro- cedures; and (B) to the extent practical, an estimate of the time required to process the application. (b) On request of the Director, an agency shall give to the Director current information on all domestic assistance programs administered by the agency. The Director shall be responsible for ensuring that the Administrator incorporates all relevant information received on a regular basis. (c) The Administrator— (1) shall ensure that information and cata- logs under this chapter are made available to the public at reasonable prices; (2) may develop information services to as- sist State and local governments in identi- fying and obtaining sources of assistance; (3) shall ensure that the information in the computerized system is made current on a reg- ular basis and that the printed catalog and supplements thereto contain the most current data available at the time of printing; and (4) shall transmit annually the information compiled under paragraphs (3) and (4) of sub- section (a) to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1001; Pub. L. 98–169, §§ 1(2), 2, 3(b), (c), Nov. 29, 1983, 97 Stat. 1113, 1114; Pub. L. 117–219, § 6(a), Dec. 5, 2022, 136 Stat. 2273.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6102(a). .... 31:1703(a) Dec. 28, 1977, Pub. L. 95–220, §§ 4, 5(d), (e), 91 Stat. 1615, 1616. 6102(b) ..... 31:1703(b). 6102(c) ..... 31:1704(d), (e). In subsection (a), before clause (1), the words in pa- rentheses are omitted as unnecessary because of the re- statement. The words ‘‘information on domestic assist- ance programs. The information on each domestic as- sistance program shall include the following’’ are sub- stituted for ‘‘a Federal Assistance Information Data Base . . . For each Federal domestic assistance pro- gram the data base shall’’ for clarity and consistency. In clause (1)(A), the word ‘‘law’’ is substituted for ‘‘statute’’ for consistency. In clause (2)(H), the word ‘‘obligations’’ is omitted as surplus. In subsection (c)(1), the word ‘‘catalogs’’ is added for clarity. In subsection (c)(2), the words ‘‘further’’, ‘‘officials’’, and ‘‘Federal’’ are omitted as unnecessary. Editorial Notes REFERENCES IN TEXT Section 4 of the MAPS Act of 2021, referred to in sub- sec. (a)(2)(G), is section 4 of Pub. L. 117–219, which is set out as a note under this section. AMENDMENTS 2022—Subsec. (a)(2)(G), (H). Pub. L. 117–219 added sub- par. (G) and redesignated former subpar. (G) as (H). 1983—Subsec. (a). Pub. L. 98–169, § 2(1), substituted ‘‘collect and review information on domestic assistance programs and shall provide such information to the Ad- ministrator’’ for ‘‘prepare and maintain information on domestic assistance programs’’. Pub. L. 98–169, § 1(2), substituted ‘‘Director’’ for ‘‘Di- rector of the Office of Management and Budget’’. Subsec. (a)(2)(E) to (H). Pub. L. 98–169, § 3(b)(1), struck out subpar. (E) relating to formulas governing distribu- tion of amounts, and redesignated subpars. (F) to (H) as (E) to (G), respectively. Subsec. (a)(3) to (7). Pub. L. 98–169, § 3(b)(2), (3), added pars. (3) and (4) and redesignated former pars. (3) to (5) as (5) to (7), respectively. Subsec. (b). Pub. L. 98–169, § 2(2), substituted ‘‘The Di- rector shall be responsible for ensuring that the Admin- istrator incorporates all relevant information received on a regular basis’’ for ‘‘The Director shall incorporate on a regular basis all relevant information received’’. Subsec. (c). Pub. L. 98–169, § 2(3), substituted ‘‘Admin- istrator’’ for ‘‘Director’’. Subsec. (c)(3). Pub. L. 98–169, § 2(4), added par. (3). Subsec. (c)(4). Pub. L. 98–169, § 3(c), added par. (4). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Rep- resentatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Rep- resentatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c)(4) of this section relating to annually transmitting information to certain committees of Page 518 TITLE 31—MONEY AND FINANCE § 6102 Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of this title, and page 173 of House Document No. 103–7. FINDINGS Pub. L. 117–219, § 2, Dec. 5, 2022, 136 Stat. 2271, provided that: ‘‘Congress finds the following: ‘‘(1) Federal programs use core-based statistical area delineations to determine the delivery of Fed- eral services, benefits, and funding to people in the United States, such as in criteria for eligibility or distribution. ‘‘(2) Core-based statistical area delineations provide a nationally consistent set of standards for col- lecting, tabulating, and publishing Federal statistics for geographic areas, and they are not intended for any public or private sector non-statistical uses such as program administration or service delivery. ‘‘(3) Updates to core-based statistical area delinea- tions may cause widespread disruption to the deliv- ery of Federal services, benefits, and funding to peo- ple in the United States based on the reliance of Fed- eral programs on these delineations. ‘‘(4) There does not exist any comprehensive list of Federal programs that rely on core-based statistical area delineations. Such a list is valuable for the study of how Federal services, benefits, and funding are distributed to people in the United States. ‘‘(5) Increased transparency on the impacts of any update to core-based statistical area delineations may be overly burdensome due to the anticipated va- riety of Federal programs that rely on these delinea- tions. Any requirement for complete disclosure of these impacts prior to implementation of new delin- eations may unintentionally cause the existing delin- eations to ossify. ‘‘(6) In order to prevent any disruption to service delivery of Federal programs based on updates to core-based statistical area delineations, and ensure the independence of Federal statistical policymaking, Congress must sever the link between future updates to core-based statistical area delineations and any automatic impact on Federal programs that rely on these delineations.’’ [For definition of ‘‘core-based statistical area’’ as used in section 2 of Pub. L. 117–219, set out above, see section 4 of Pub. L. 117–219, set out below.] PURPOSE OF PUB. L. 117–219 Pub. L. 117–219, § 3, Dec. 5, 2022, 136 Stat. 2272, provided that: ‘‘This [sic] purpose of this Act [see Short Title of 2022 Amendment note set out under section 6101 of this title] is to ensure— ‘‘(1) transparency in how core-based statistical area delineations are used in domestic assistance pro- grams; and ‘‘(2) independence of the Office of Management and Budget in establishing and updating core-based sta- tistical area delineations.’’ [For definitions of ‘‘core-based statistical area’’ and ‘‘domestic assistance program’’ as used in section 3 of Pub. L. 117–219, set out above, see section 4 of Pub. L. 117–219, set out below.] CONTENT REQUIREMENTS Pub. L. 117–219, § 6(b), Dec. 5, 2022, 136 Stat. 2273, pro- vided that: ‘‘In collecting and reviewing the informa- tion required under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, the Director shall include as standardized categories— ‘‘(1) whether the most current core-based statistical area delineation has been affirmatively adopted pur- suant to section 6309 of title 31, United States Coded [sic], as added by this Act; ‘‘(2) which historical core-based statistical area de- lineation was maintained, in cases where an updated delineation has not been affirmatively adopted pursu- ant to section 6309 of title 31, United States Coded [sic], as added by this Act; ‘‘(3) what purpose the core-based statistical area de- lineation serves, including— ‘‘(A) to determine eligibility for any Federal serv- ice, benefit, or funding; ‘‘(B) to determine distribution of any Federal service, benefit, or funding; and ‘‘(C) any other standardized category of purpose determined by the Director; ‘‘(4) whether the use of core-based statistical area delineation directly concerns any— ‘‘(A) prime recipient of any Federal service, ben- efit, or funding; and ‘‘(B) subrecipient of any Federal service, benefit, or funding; and ‘‘(5) the date when the information collected in this subsection was last updated.’’ [For definitions of ‘‘core-based statistical area’’ and ‘‘Director’’ as used in section 6(b) of Pub. L. 117–219, set out above, see section 4 of Pub. L. 117–219, set out below.] ACCESSIBILITY REQUIREMENTS Pub. L. 117–219, § 6(c), Dec. 5, 2022, 136 Stat. 2273, pro- vided that: ‘‘The Director shall ensure that the infor- mation collected and reviewed under section 6102(a)(2)(G) of title 31, United States Code, as amended by subsection (a) of this section, shall be— ‘‘(1) publicly accessible as an open Government data asset; ‘‘(2) presented in a user-friendly visual format with search and download capabilities; ‘‘(3) easily discoverable by the public on relevant government websites; and ‘‘(4) updated not less frequently than once every year.’’ [For definitions of ‘‘Director’’ and ‘‘open Government data asset’’ as used in section 6(c) of Pub. L. 117–219, set out above, see section 4 of Pub. L. 117–219, set out below.] IMPLEMENTATION TIMELINE Pub. L. 117–219, § 6(d), Dec. 5, 2022, 136 Stat. 2274, pro- vided that: ‘‘The requirements of this section [amend- ing this section and enacting provisions set out as notes under this section] shall be fully implemented not later than 2 years after the date of enactment of this Act [Dec. 5, 2022].’’ CONSOLIDATED FEDERAL FUNDS REPORT Pub. L. 97–326, Oct. 15, 1982, 96 Stat. 1607, as amended by Pub. L. 97–452, § 4(b), Jan. 12, 1983, 96 Stat. 2480, known as the ‘‘Consolidated Federal Funds Report Act of 1982’’, which required the Director of the Office of Management and Budget to prepare Consolidated Fed- eral Funds Reports for the fiscal years 1981 through 1985, was repealed by Pub. L. 99–547, § 2(d), Oct. 27, 1986, 100 Stat. 3060, effective May 1, 1986. DEFINITIONS Pub. L. 117–219, § 4, Dec. 5, 2022, 136 Stat. 2272, provided that: ‘‘In this Act [see Short Title of 2022 Amendment note set out under section 6101 of this title]: ‘‘(1) AGENCY.—The term ‘agency’ has the meaning given the term in section 551 of title 5, United States Code. ‘‘(2) COMPTROLLER GENERAL.—The term ‘Comp- troller General’ means the Comptroller General of the United States. ‘‘(3) CORE-BASED STATISTICAL AREA.—The term ‘core-based statistical area’ has the meaning given the term by the Office of Management and Budget in the Notice of Decision entitled ‘2020 Standards for De- lineating Core-Based Statistical Areas’, published in the Federal Register on July 16, 2021 (86 Fed. Reg. 37770), or any successor to that Notice. ‘‘(4) DIRECTOR.—The term ‘Director’ means the Di- rector of the Office of Management and Budget. ‘‘(5) DOMESTIC ASSISTANCE PROGRAM.—The term ‘do- mestic assistance program’ has the meaning given Page 519 TITLE 31—MONEY AND FINANCE § 6103 the term in section 6101 of title 31, United States Code. ‘‘(6) OPEN GOVERNMENT DATA ASSET.—The term ‘open Government data asset’ has the meaning given the term in section 3502 of title 44, United States Code.’’ § 6102a. Assistance awards information system (a) The Director shall— (1) maintain the United States Government assistance awards information system estab- lished as a result of the study conducted under section 9 of the Federal Program Information Act; and (2) update the system on a quarterly basis. (b) To carry out subsection (a) of this section, the Director— (1) may delegate the responsibility for car- rying out subsection (a) of this section to the head of another executive agency; (2) shall review a report the head of an agen- cy submits to the Director on the method of carrying out subsection (a) of this section; and (3) may validate, by appropriate means, the method by which an agency prepares the re- port. (c) The Director shall transmit promptly after the end of each calendar quarter, free of charge, the data in the system required by subsection (a) to the Committee on Rules and Administra- tion of the Senate and to the Committee on House Oversight of the House of Representa- tives. (Added Pub. L. 97–452, § 1(23)(A), Jan. 12, 1983, 96 Stat. 2477; amended Pub. L. 98–169, § 1(2), Nov. 29, 1983, 97 Stat. 1113; Pub. L. 99–547, § 2(b)(1), Oct. 27, 1986, 100 Stat. 3060; Pub. L. 104–186, title II, § 219(b)(2), Aug. 20, 1996, 110 Stat. 1748.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6102a ....... 31 App.:6102(note). Oct. 15, 1982, Pub. L. 97–326, § 8, 96 Stat. 1609. In subsection (a)(1), the words ‘‘operate and’’ are omitted as surplus. The words ‘‘United States Govern- ment’’ are substituted for ‘‘Federal’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘information system’’ are sub- stituted for ‘‘data system’’ for consistency with 31:6102. The words ‘‘by the Director’’ are omitted as surplus. In subsection (b)(1), the words ‘‘the head of another executive agency’’ are substituted for ‘‘any authority of the executive branch of the Federal Government’’ for consistency in the revised title and with other titles of the Code. In subsection (b)(2), the words ‘‘the head of’’ are added for consistency in the revised title and with other titles of the Code. Editorial Notes REFERENCES IN TEXT Section 9 of the Federal Program Information Act, referred to in subsec. (a)(1), is section 9 of Pub. L. 95–220, Dec. 28, 1977, 91 Stat. 1617, and was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068. AMENDMENTS 1996—Subsec. (c). Pub. L. 104–186 substituted ‘‘House Oversight’’ for ‘‘House Administration’’. 1986—Subsec. (c). Pub. L. 99–547 added subsec. (c). 1983—Subsec. (a). Pub. L. 98–169 substituted ‘‘Direc- tor’’ for ‘‘Director of the Office of Management and Budget’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. § 6103. Access to computer information system (a) The Administrator shall maintain a com- puterized information system providing access to— (1) the information described in paragraphs (1), (2), (5), (6), and (7) of section 6102(a) of this title; and (2) such portions or summaries, as the Ad- ministrator considers appropriate, of the in- formation described in paragraphs (3) and (4) of such section. (b) To the greatest extent practicable, the Ad- ministrator shall provide for the widespread availability of the information by available computer terminals. (c) When the Administrator decides the effi- ciency of the information system under sub- section (a) of this section requires it, the Ad- ministrator may make contracts with private organizations to obtain computer time-sharing services, including— (1) computer telecommunications networks; (2) computer software; and (3) associated services. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1002; Pub. L. 98–169, §§ 1(2), 3(d), 4, Nov. 29, 1983, 97 Stat. 1113, 1114.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6103 ......... 31:1704(a)–(c). Dec. 28, 1977, Pub. L. 95–220, § 5(a)–(c), 91 Stat. 1616. In subsection (a), the words ‘‘establish and’’ are omit- ted as surplus. The word ‘‘information’’ is substituted for ‘‘data base’’ for consistency. The words ‘‘described in section 6102 of this title’’ are added for clarity. In subsection (b), the words ‘‘contained in the data base’’ are omitted as unnecessary. In subsection (c), the words ‘‘notwithstanding an- other provision of law to the contrary’’ and ‘‘but not limited to’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 1983—Subsec. (a). Pub. L. 98–169, § 3(d), amended sub- sec. (a) generally, substituting provisions requiring the Administrator to maintain a computerized information system providing access to the information described in section 6102(a)(1), (2), (5), (6), and (7) of this title and such portions or summaries, as the Administrator con- siders appropriate, of the information described in sec- tion 6102(a)(3), (4) of this title for provisions requiring the Director to maintain a computerized information system providing access to the information described in section 6102 of this title. Pub. L. 98–169, § 1(2), substituted ‘‘Director’’ for ‘‘Di- rector of the Office of Management and Budget’’. Subsecs. (b), (c). Pub. L. 98–169, § 4, substituted ‘‘Ad- ministrator’’ for ‘‘Director’’ wherever appearing.