Historical and Revision Notes | ||
|---|---|---|
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
6101(1) | 31:1701(4). | Dec. 28, 1977, Pub. L. 95–220, § 2, 91 Stat. 1615. |
6101(2) | 31:1701(2). | |
6101(3) | 31:1701(1). | |
6101(4) | 31:1701(3). | |
In the section, the word “Federal” is omitted as unnecessary.
In clause (1), the word “unit” is substituted for “subdivision” for consistency in the revised title. The words “direct operational” are omitted as unnecessary.
In clause (3)(A), the words “money, property, services, or” are omitted as being included in “anything of value”. The word “for” is substituted for “the principal purpose of which is to accomplish” to eliminate unnecessary words. In subclause (i), the words “grants, loans, loan guarantees, scholarships, mortgage loans, insurance or other types of” are omitted as being included in “financial assistance”. In subclause (ii), the word “goods” is omitted as being included in “property”. The words “and service activities of regulatory agencies” are omitted as being included in “services”. In subclause (iii), the words “expert and technical information” are substituted for “technical assistance, and counseling, statistical and other expert information” to eliminate unnecessary words.
In clause (3)(B), the words “or procurement of property or services for the direct benefit or use of the Government” are added for consistency in subtitle V of the revised title.
In clause (4)(A), the words “or benefits” are omitted as being included in “assistance”. Subclause (ii) is included for consistency in the revised title because the District of Columbia is stated when a provision is meant to apply to the District. In subclause (vi), the word “grouping” is omitted as being included in “political subdivision or instrumentality”. In subclauses (vii)–(ix), the words “profit or nonprofit” are omitted as surplus. In subclause (ix), the words “individual of the United States” are substituted for “domestic . . . individual” for clarity.
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).
Pub. L. 104–287, § 6(a),
Pub. L. 117–219, § 1,
Pub. L. 117–40, § 1,
Pub. L. 113–101, § 1,
Pub. L. 110–252, title VI, § 6201,
Pub. L. 116–136, div. B, title V, § 15011, “(a) In this section—“(1) the terms ‘agency’, ‘appropriate congressional committees’, ‘Committee’, ‘covered funds’, and ‘Coronavirus response’ have the meanings given those terms in section 15010 [set out as a note under section 424 of Title 5, Government Organization and Employees];“(2) the term ‘covered recipient’—“(A) means any entity that receives large covered funds; and“(B) includes any State, the District of Columbia, and any territory or possession of the United States; and“(3) the term ‘large covered funds’ means covered funds that amount to more than $150,000.“(b)(1)(A) On a monthly basis until “(B) Not later than 90 days after the date of enactment of this Act [“(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.”
Pub. L. 115–334, title I, § 1707, “(a) 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) 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.”
Pub. L. 113–101, § 2, “(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.”
Pub. L. 112–239, div. A, title VIII, § 861, [Amended section 873 of Pub. L. 110–417, set out below.]“(a) Not later than 180 days after the date of the enactment of this Act [“(1) There shall be not less than one suspension and debarment official—“(A) in the case of the Department of Defense, for each of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Defense Logistics Agency;“(B) for the Department of State; and“(C) for the United States Agency for International Development.“(2) A suspension and debarment official under paragraph (1) may not report to or be subject to the supervision of the acquisition office or the Inspector General—“(A) in the case of the Department of Defense, of either the Department of Defense or the military department or Defense Agency concerned; and“(B) in the case of the Department of State and the United States Agency for International Development, of the covered agency concerned.“(3) Each suspension and debarment official under paragraph (1) shall have a staff and resources adequate for the discharge of the suspension and debarment responsibilities of such official.“(4) Each suspension and debarment official under paragraph (1) shall document the basis for any final decision taken pursuant to a formal referral in accordance with the policies established under paragraph (5).“(5) Each suspension and debarment official under paragraph (1) shall, in consultation with the General Counsel of the covered agency, establish in writing policies for the consideration of the following:“(A) Formal referrals of suspension and debarment matters.“(B) Suspension and debarment matters that are not formally referred.“(b) “(c) In this section, the term ‘covered agency’ means the Department of Defense, the Department of State, and the United States Agency for International Development.”
Pub. L. 110–417, [div. A], title VIII, § 873, “(a) 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) The annual report required by subsection (a)(7) shall be submitted not later than January 31 of each year, beginning with “(c) 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].”
Pub. L. 110–252, title VI, § 6202(b),
Pub. L. 109–282, “This Act may be cited as the ‘Federal Funding Accountability and Transparency Act of 2006’. “Nothing in this Act shall be construed to create a private right of action for enforcement of any provision of this Act.”“SECTION 1. SHORT TITLE.“SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIVING FEDERAL FUNDING.“(a) In this Act:“(1) The term ‘Director’ means the Director of the Office of Management and Budget.“(2) 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 “(C) does not include—“(i) an individual recipient of Federal assistance; or“(ii) a Federal employee.“(3) The term ‘Federal agency’ has the meaning given the term ‘Executive agency’ under section 105 of title 5, United States Code.“(4) 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 “(5) 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) The term ‘program activity’ has the meaning given that term under section 1115(h) of title 31, United States Code.“(7) 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);“(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) The term ‘Secretary’ means the Secretary of the Treasury.“(b) “(1) Not later than “(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) The website shall include data for fiscal year 2007, and each fiscal year thereafter.“(3) 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) 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) 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;“(B) specify such search shall be confined to include grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance;“(2) shall not be considered in compliance if it hyperlinks to the Federal Procurement Data System website, Federal Assistance Award Data System website, Grants.gov website, or other existing websites, so that the information elements required by subsection (b)(1) cannot be searched electronically by field in a single search;“(3) shall provide an opportunity for the public to provide input about the utility of the site and recommendations for improvements;“(4) shall be updated not later than 30 days after the award of any Federal award requiring a posting;“(5) shall provide for separate searches for Federal awards described in subsection (a) to distinguish between the Federal awards described in subsection (a)(2)(A)(i) and those described in subsection (a)(2)(A)(ii);“(6) shall have the ability to aggregate data for the categories described in paragraphs (1) through (5) without double-counting data; and“(7) shall ensure that all information published under this section is available—“(A) in machine-readable and open formats;“(B) to be downloaded in bulk; and“(C) to the extent practicable, for automated processing.“(d) “(1) “(A) Not later than “(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) The pilot program under subparagraph (A) shall terminate not later than “(2) “(A) Based on the pilot program conducted under paragraph (1), and, except as provided in subparagraph (B), not later than “(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) 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.“(e) 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) 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) “(1) 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) 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) 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) 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) “(1) 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) “(A) 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.“(B) 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 [ “(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) 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) 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) 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) “(1) 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) 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) 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) “(1) Not later than 1 year after the date of enactment of the Digital Accountability and Transparency Act of 2014 [“(2) “(A) 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) “(i) 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) The Director may not grant more than 3 extensions to the Secretary of Defense under clause (i).“(iii) 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) 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) 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) 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) “(1) Not later than 1 year after the date of enactment of the Digital Accountability and Transparency Act of 2014 [“(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) 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.“(3) The pilot program shall include data collected during a 12-month reporting cycle.“(4) 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) The pilot program shall terminate on the date that is 2 years after the date on which the pilot program is established.“(6) 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) 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) “(1) 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) “(A) 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) 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 submitted under section 3521(f) or 9105(a)(3) of title 31, United States Code.“(b) “(1) 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) 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) “(1) 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) 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) 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.
Pub. L. 106–107,
Pub. L. 103–355, title II, § 2455, “(a) 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) 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) 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.”
Pub. L. 98–169, § 7,
Ex. Ord. No. 12549,
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.
Ex. Ord. No. 12689,
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.