31 U.S.C. § 6102

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 6102 - Program information requirements

(a) The Director shall collect and review information on domestic assistance programs and shall provide such information to the Administrator. The information on each domestic assistance program shall include the following:

(1) identification of the program by-

(A) title;

(B) authorizing law;

(C) administering office; and

(D) an identifying number assigned by the Director.

(2) a description of the-

(A) program;

(B) objectives of the program;

(C) types of activities financed under the program;

(D) eligibility requirements;

(E) types of assistance;

(F) uses, and restrictions on the use, of assistance;

(G) uses of core-based statistical area (as defined in section 4 of the MAPS Act of 2021) delineations (as chosen from standardized categories of uses determined by the Director), for purposes including prime recipient and subrecipient eligibility for, and distribution of, any Federal service, benefit, or funding; and

(H) duties of recipients under the program.

(3) a specification of each formula governing eligibility for assistance or the distribution of assistance under the program, which shall be described through the use of-

(A) the language used to specify each such formula in the law authorizing the program;

(B) the language used to specify each such formula in any Federal rule promulgated pursuant to the law authorizing the program; or

(C) a mathematical statement which is derived from the language referred to in subparagraphs (A) and (B) of this paragraph;

(4) a description of all data and statistical estimates used to carry out each formula specified pursuant to paragraph (3), and an identification of the sources of such data and estimates;

(5) financial information, including the-

(A) amounts appropriated for the current fiscal year or, if unavailable, the amounts requested by the President and the amounts obligated; and

(B) average amounts of awards made in past years.

(6) identification of information contacts, including the administering office and regional and local offices with their addresses and telephone numbers.

(7) a general description of-

(A) the application requirements and procedures; and

(B) to the extent practical, an estimate of the time required to process the application.

(b) On request of the Director, an agency shall give to the Director current information on all domestic assistance programs administered by the agency. The Director shall be responsible for ensuring that the Administrator incorporates all relevant information received on a regular basis.

(c) The Administrator-

(1) shall ensure that information and catalogs under this chapter are made available to the public at reasonable prices;

(2) may develop information services to assist State and local governments in identifying and obtaining sources of assistance;

(3) shall ensure that the information in the computerized system is made current on a regular 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 subsection (a) to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate.

31 U.S.C. § 6102

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 NOTE
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 parentheses are omitted as unnecessary because of the restatement. The words "information on domestic assistance programs. The information on each domestic assistance program shall include the following" are substituted for "a Federal Assistance Information Data Base ... For each Federal domestic assistance program 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 TEXTSection 4 of the MAPS Act of 2021, referred to in subsec. (a)(2)(G), is section 4 of Pub. L. 117-219 which is set out as a note under this section.

AMENDMENTS2022-Subsec. (a)(2)(G), (H). Pub. L. 117-219 added subpar. (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 Administrator" for "prepare and maintain information on domestic assistance programs". Pub. L. 98-169, §1(2), substituted "Director" for "Director 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 distribution 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 Director shall be responsible for ensuring that the Administrator 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 "Administrator" 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 NAMECommittee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives 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 Representatives 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. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution 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 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 Federal 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 collecting, 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 delineations may cause widespread disruption to the delivery of Federal services, benefits, and funding to people in the United States based on the reliance of Federal 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 variety of Federal programs that rely on these delineations. Any requirement for complete disclosure of these impacts prior to implementation of new delineations may unintentionally cause the existing delineations 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 programs; and"(2) independence of the Office of Management and Budget in establishing and updating core-based statistical 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, provided that: "In collecting and reviewing the information 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 pursuant to section 6309 of title 31, United States Coded [sic], as added by this Act;"(2) which historical core-based statistical area delineation was maintained, in cases where an updated delineation has not been affirmatively adopted pursuant to section 6309 of title 31, United States Coded [sic], as added by this Act; "(3) what purpose the core-based statistical area delineation serves, including-"(A) to determine eligibility for any Federal service, 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, benefit, 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, provided that: "The Director shall ensure that the information 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, provided that: "The requirements of this section [amending 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 REPORTPub. 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 Federal 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 'Comptroller 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 Delineating 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 Director of the Office of Management and Budget."(5) DOMESTIC ASSISTANCE PROGRAM.-The term 'domestic assistance program' has the meaning given 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."

Administrator: "Administrator" means the Administrator of General Services.
Director: "Director" means the Director of the Office of Management and Budget.
administering office: "administering office" means the lowest unit of an agency responsible for managing a domestic assistance program.
formula: "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.