§ 6101. Definitions

§ 6101. Definitions

(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—

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.

(A) a closed mathematical statement; or

(B) an iterative procedure or algorithm which can be written as a computer program;

(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.)

In the section, the word “Federal” is omitted as unnecessary.

In clause (1), the word “unit” is substituted for “subdivision” for consistency in the revised title. The words “direct operational” are omitted as unnecessary.

In clause (3)(A), the words “money, property, services, or” are omitted as being included in “anything of value”. The word “for” is substituted for “the principal purpose of which is to accomplish” to eliminate unnecessary words. In subclause (i), the words “grants, loans, loan guarantees, scholarships, mortgage loans, insurance or other types of” are omitted as being included in “financial assistance”. In subclause (ii), the word “goods” is omitted as being included in “property”. The words “and service activities of regulatory agencies” are omitted as being included in “services”. In subclause (iii), the words “expert and technical information” are substituted for “technical assistance, and counseling, statistical and other expert information” to eliminate unnecessary words.

In clause (3)(B), the words “or procurement of property or services for the direct benefit or use of the Government” are added for consistency in subtitle V of the revised title.

In clause (4)(A), the words “or benefits” are omitted as being included in “assistance”. Subclause (ii) is included for consistency in the revised title because the District of Columbia is stated when a provision is meant to apply to the District. In subclause (vi), the word “grouping” is omitted as being included in “political subdivision or instrumentality”. In subclauses (vii)–(ix), the words “profit or nonprofit” are omitted as surplus. In subclause (ix), the words “individual of the United States” are substituted for “domestic . . . individual” for clarity.

Editorial Notes

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’.”

Grant Transparency

Pub. L. 118–140, Dec. 11, 2024, 138 Stat. 1657, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Grant Transparency Act of 2023’. “SEC. 2. NOTICES OF FUNDING OPPORTUNITY TRANSPARENCY.“(a) Definitions.—In this section:“(1) Agency.—The term ‘agency’—“(A) has the meaning given the term ‘Executive agency’ in section 105 of title 5, United States Code; and “(B) does not include the Government Accountability Office. “(2) Competitive grant.—The term ‘competitive grant’ means a discretionary award (as defined in section 200.1 of title 2, Code of Federal Regulations) awarded by an agency—“(A) through a grant agreement or cooperative agreement under which the agency makes payment in cash or in kind to a recipient to carry out a public purpose authorized by law; and “(B) the recipient of which is selected from a pool of applicants through the use of merit-based selection procedures for the purpose of allocating funds authorized under a grant program of the agency. “(3) Evaluation or selection criteria.—The term ‘evaluation or selection criteria’ means standards or principles for judging, evaluating, or selecting an application for a competitive grant. “(4) Notice of funding opportunity.—The term ‘notice of funding opportunity’ has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations. “(5) Rating system.—The term ‘rating system’—“(A) means a system of evaluation of competitive grant applications to determine how such applications advance through the selection process; and “(B) includes—“(i) a merit criteria rating rubric; “(ii) an evaluation of merit criteria; “(iii) a methodology to evaluate and rate based on a point scale; and “(iv) an evaluation to determine whether a competitive grant application meets evaluation or selection criteria. “(b) Transparency Requirements.—Each notice of funding opportunity issued by an agency for a competitive grant shall include—“(1) a description of any rating system and evaluation and selection criteria the agency uses to assess applications for the competitive grant; “(2) a statement of whether the agency uses a weighted scoring method and a description of any weighted scoring method the agency uses for the competitive grant, including the amount by which the agency weights each criterion; and “(3) any other qualitative or quantitative merit-based approach the agency uses to evaluate an application for the competitive grant. “(c) Applications; Data Elements.—“(1) In general.—The Director of the Office of Management and Budget, in coordination with the Executive department designated under section 6402(a)(1) of title 31, United States Code, shall develop data elements relating to grant applications to ensure common reporting by each agency with respect to applications received in response to each notice of funding opportunity of the agency. “(2) Contents.—The data elements developed under paragraph (1) shall include—“(A) the number of applications received; and “(B) the city and State of each organization that submitted an application. “(d) Rule of Construction.—With respect to a particular competitive grant, nothing in this Act shall be construed to supersede any requirement with respect to a notice of funding opportunity for the competitive grant in a law that authorizes the competitive grant. “(e) No Additional Funds.—No additional funds are authorized to be appropriated for the purpose of carrying out this Act. “(f) Effective Date.—“(1) In general.—This Act shall take effect on the date that is 120 days after the date of enactment of this Act [Dec. 11, 2024]. “(2) No retroactive effect.—This Act shall not apply to a notice of funding opportunity issued before the date of enactment of this Act [Dec. 11, 2024].”

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 terms in section 15010 [set out as a note under section 424 of Title 5, Government Organization and Employees]; “(2) the term ‘covered recipient’—“(A) means any entity that receives large covered funds; and “(B) includes any State, the District of Columbia, and any territory or possession of the United States; and “(3) the term ‘large covered funds’ means covered funds that amount to more than $150,000. “(b)(1)(A) On a monthly basis until September 30, 2021, each agency shall report to the Director of the Office of Management and Budget, the Bureau of Fiscal Service in the Department of the Treasury, the Committee, and the appropriate congressional committees on any obligation or expenditure of large covered funds, including loans and awards. “(B) Not later than 90 days after the date of enactment of this Act [Mar. 27, 2020], each agency shall submit to the Committee a plan describing how the agency will use covered funds. “(2) Not later than 10 days after the end of each calendar quarter, each covered recipient shall submit to the agency and the Committee a report that contains—“(A) the total amount of large covered funds received from the agency; “(B) the amount of large covered funds received that were expended or obligated for each project or activity; “(C) a detailed list of all projects or activities for which large covered funds were expended or obligated, including—“(i) the name of the project or activity; “(ii) a description of the project or activity; and “(iii) the estimated number of jobs created or retained by the project or activity, where applicable; and “(D) detailed information on any level of subcontracts or subgrants awarded by the covered recipient or its subcontractors or subgrantees, to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 [Pub. L. 109–282] (31 U.S.C. 6101 note) allowing aggregate reporting on awards below $50,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. “(3) Not later than 30 days after the end of each calendar quarter, the Committee, in consultation with the agency that made large covered funds available to any covered recipient shall make the information in reports submitted under paragraph (2) publicly available by posting the information on the website established under section 15010(g). “(4)(A) Each agency, in coordination with the Committee and the Director of the Office of Management and Budget shall provide user-friendly means for covered recipients to meet requirements of this subsection. “(B) Federal agencies may use existing mechanisms to ensure that information under this subsection is reported accurately. “(c)(1) The Director of the Office of Management and Budget, in consultation with the Secretary of the Treasury, the Administrator of the Small Business Administration, and the Chairperson of the Council of Economic Advisors, shall submit to the appropriate congressional committees and publicly release on the website established under section 15010(g) quarterly reports that detail the impact of programs funded through large covered funds on employment, estimated economic growth, and other key economic indicators, including information about impacted industries. “(2)(A) The first report submitted under paragraph (1) shall be submitted not later than 45 days after the end of the first full quarter following the date of enactment of this Act. “(B) The last report required to be submitted under paragraph (1) shall apply to the quarter in which the Committee terminates.”

Exemption From Certain Reporting Requirements for Certain Agricultural 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