105-33, see section 11721 of Pub. L. 105-33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 658. § 6503. Intergovernmental financing GAO REPORT Section 6 of Pub. L. 101-453, as amended by Pub. L. 102-589, §2(3), Nov. 10, 1992, 106 Stat. 5133, which directed Comptroller General, five years after Oct. 24, 1990, to submit an audit of the implementation of amendments made by section 5 of Pub. L. 101-453 (which amended this section and section 6501 of this title) and to submit a report to Congress describing results of that audit, was repealed by Pub. L. 104-316, title I, §115(i), Oct. 19, 1996, 110 Stat. 3835. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 sections 300w-2, 703, 706, 1397a, 1397e, 8626, 9873, 9906. §6504. Use of existing State or multimember agency to administer grant programs SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 29 sections 1579, 2939. § 6505. Authority to provide specialized or technical services TRANSPORTATION OF STATE PRISONERS Pub. L. 105-119, title I, Nov. 26, 1997, 111 Stat. 2444, provided in part: "That, for fiscal year 1998 and thereafter, the service of maintaining and transporting State, local, or territorial prisoners shall be considered a specialized or technical service for purposes of 31 U.S.C. 6505, and any prisoners so transported shall be considered persons (transported for other than commercial purposes) whose presence is associated with the performance of a governmental function for purposes of 49 U.S.C. 40102." Similar provisions were contained in the following prior appropriation act: Pub. L. 104-208, div. A, title I, §101(a) [title I], Sept. 30, 1996, 110 Stat. 3009, 3009-5. § 6506. Development assistance SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 460u-21, 1456; title 40 section 601a; title 43 section 1721. CHAPTER 67-FEDERAL PAYMENTS CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 42 section 14214. § 6701. Payments to local governments [See main edition for text of (a) to (e)] (f) EXPENDITURE WITH DISADVANTAGED BUSINESS ENTERPRISES.— (1) GENERAL RULE.-Of amounts paid to a unit of general local government under this chapter for a payment period, not less than 10 percent of the total combined amounts obligated by the unit for contracts and subcontracts shall be expended with (A) small business concerns controlled by socially and economically disadvantaged individuals and women; (B) historically Black colleges and universities and colleges and universities having a student body in which more than 20 percent of the students are Hispanic Americans or Native Americans; and (C) qualified HUBZone small business con cerns. [See main edition for text of (2)] (3) DEFINITIONS.-For purposes of this subsection (A) the term "small business concern" has the meaning such term has under section 3 of the Small Business Act; (B) the term "socially and economically disadvantaged individuals" has the meaning such term has under section 8(d) of the Small Business Act and relevant subcontracting regulations promulgated pursuant to that section; and (C) the term "qualified HUBZone small business concern" has the meaning given that term in section 3(p) of the Small Business Act (15 U.S.C. 632(0)1). [See main edition for text of (g)] (As amended Pub. L. 105–135, title VI, §604(e)(2), Dec. 2, 1997, 111 Stat. 2633.) AMENDMENTS 1997-Subsec. (f)(1)(C). Pub. L. 105-135, §604(e)(2)(A), added subpar. (C). Subsec. (f)(3)(C). Pub. L. 105-135, §604(e)(2)(B), added subpar. (C). EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section 3 of Pub. L. 105-135, set out as a note under section 631 of Title 15, Commerce and Trade. § 6703. Qualification for payment (a) IN GENERAL.-The Secretary shall issue regulations establishing procedures under which eligible units of general local government are required to provide notice to the Secretary of the units' proposed use of assistance under this chapter. Subject to subsection (c), the assistance provided shall be used, in amounts determined by the unit, for activities under, or for activities that are substantially similar to an activity under, 1 or more of the following programs and the notice shall identify 1 or more of the following programs for each such use: [See main edition for text of (1) to (3)] (4) Programs under title II or IV of the Job Training Partnership Act or under title I of the Workforce Investment Act of 1998. [See main edition for text of (5) to (14)] (15) After-school activities for school aged children under the Child Care and Development Block Grant Act (42 U.S.C. 9858 et seq.). (16) The community-based family resource programs under section 4012 of the Human Services Reauthorization Act of 1994 (Public Law 103-252). (17) The family violence programs under the Child Abuse Prevention and Treatment Act Amendments of 1984. 1So in original. Probably should be “632(p)”. 2 See References in Text note below. (18) Job training programs administered by the Department of Agriculture, the Department of Defense, or the Department of Housing and Urban Development. [See main edition for text of (b) and (c)] (d) GENERAL REQUIREMENTS FOR QUALIFICATION. A unit of general local government qualifies for a payment under this chapter for a payment period only after establishing to the satisfaction of the Secretary that [See main edition for text of (1) to (5)] (6) the government will use accounting, audit, and fiscal procedures that conform to guidelines which shall be prescribed by the Secretary. As applicable, amounts received under this chapter shall be audited in compliance with the Single Audit Act of 1984; [See main edition for text of (7) to (9); (e) and (f)] (As amended Pub. L. 104-316, title I, §115(j), Oct. 19, 1996, 110 Stat. 3835; Pub. L. 105-277, div. A, § 101(f) [title VIII, § 405(c)(3), (d)(27), (f)(19)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-417, 2681-424, 2681-432.) AMENDMENT OF SUBSECTION (a)(4) Pub. L. 105-277, div. A, §101(f) [title VIII, $405(f)(19), (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-432, 2681-435, provided that, effective July 1, 2000, subsection (a) of this section is amended by striking paragraph (4) and inserting the following: (4) Programs under title I of the Workforce Investment Act of 1998. REFERENCES IN TEXT Section 682 of the Community Services Block Grant Act, referred to in subsec. (a)(2), which was classified to section 9910c of Title 42, The Public Health and Welfare, was omitted in the general amendment of chapter 106 of Title 42, by Pub. L. 105-285, title II, §201, Oct. 27, 1998, 112 Stat. 2728. A new section 682 of the Act, containing similar subject matter, is classified to section 9923 of Title 42. The Workforce Investment Act of 1998, referred to in subsec. (a)(4), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I of the Act is classified generally to chapter 30 (§ 2801 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of Title 20, Education, and Tables. The National Literacy Act of 1991, referred to in subsec. (a)(11), was Pub. L. 102-73, July 25, 1991, 105 Stat. 333, as amended, which was repealed by Pub. L. 105-220, title II, §251(a)(2), Aug. 7, 1998, 112 Stat. 1079. For complete classification of this Act to the Code, see Tables. The Carl Perkins Vocational Educational and Applied Technology Education Act, referred to in subsec. (a)(12), probably meant the Carl D. Perkins Vocational and Applied Technology Education Act, Pub. L. 88-210, Dec. 18, 1963, 77 Stat. 403, as amended, which was classified generally to chapter 44 (§ 2301 et seq.) of Title 20. Education, prior to being amended generally and renamed the Carl D. Perkins Vocational and Technical Education Act of 1998 by Pub. L. 105-332, §1(b), Oct. 31, 1998, 112 Stat. 3076. For complete classification of Pub. L. 88-210 to the Code, see Short Title note set out under section 2301 of Title 20 and Tables. Sections 203 and 401 of the Human Services Reauthorization Act of 1994 (Public Law 103-252), referred to in subsec. (a)(13), (16), probably mean sections 203 and 401 of the Human Services Amendments of 1994, Pub. L. 103-252, May 18, 1994, 108 Stat. 654, 666. Section 203 of Pub. L. 103-252 amended section 9910 of Title 42, The Public Health and Welfare. Section 401 of Pub. L. 103-252 generally amended subchapter III (§5116 et seq.) of chapter 67 of Title 42 and repealed sections 5106a-1 and 12339 of Title 42. The Child Care and Development Block Grant Act, referred to in subsec. (a)(15), probably means the Child Care and Development Block Grant Act of 1990, subchapter C (§ 658A et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97-35, as added by Pub. L. 101-508, title V. §5082(2), Nov. 5, 1990, 104 Stat. 1388-236, as amended, which is classified generally to subchapter II-B (§ 9858 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables. The Child Abuse Prevention and Treatment Act Amendments of 1984, referred to in subsec. (a)(17), probably means the Child Abuse Amendments of 1984, Pub. L. 98-457, Oct. 9, 1984, 98 Stat. 1749, as amended. Title III of the Act, relating to family violence programs, is classified generally to chapter 110 (§ 10401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 5101 of Title 42 and Tables. AMENDMENTS 1998 Subsec. (a)(4). Pub. L. 105-277, § 101(f) [title VIII, § 405(d)(27)], added par. (4) and struck out former par. (4) which read as follows: "Programs under title II or IV of the Job Training Partnership Act (29 U.S.C. 1601 et seq.)." Subsec. (a)(15) to (19). Pub. L. 105-277, §101(f) [title VIII, §405(c)(3)], redesignated pars. (16) to (19) as (15) to (18), respectively, and struck out former par. (15) which read as follows: "The family support program under subtitle F of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11481 et seq.)." 1996 Subsec. (d)(6). Pub. L. 104-316 struck out "after consultation with the Comptroller General of the United States" after "by the Secretary". EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, §405(c)(3). (d)(27)] of Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(19)] of Pub. L. 105-277 effective July 1, 2000, see section 101(f) [title VIII, §405(g)(1), (2)(B)] of Pub. L. 105-277, set out as a note under section 3502 of Title 5, Government Organization and Employees. § 6709. Information used in allocation formulas CHANGE OF NAME 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. § 6718. Investigations and reviews [See main edition for text of (a)] (b) REVIEWS BY COMPTROLLER GENERAL.-The Comptroller General of the United States may carry out reviews of the activities of the Secretary, State governments, and units of general local government necessary for the Congress to evaluate compliance and operations under this chapter. These reviews may include a comparison of the waste and inefficiency of local govern ments using funds under this chapter compared to waste and inefficiency with other comparable Federal programs. (As amended Pub. L. 104–316, title I, § 115(k), Oct. 19, 1996, 110 Stat. 3835.) AMENDMENTS 1996 Subsec. (b). Pub. L. 104-316 substituted "may" for "shall" before "carry" and "include". CHAPTER 69-PAYMENT FOR ENTITLEMENT LAND CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 sections 4607-13, 5441, 698u-4; title 25 section 640d-10; title 43 section 1457a. § 6901. Definitions In this chapter (1) "entitlement land" means land owned by the United States Government [See main edition for text of (A) to (E)] (F) that is located in the vicinity of Purgatory River Canyon and Pinon Canyon, Colorado, and acquired after December 23, 1981, by the United States Government to expand the Fort Carson military installation; (G) that is a reserve area (as defined in section 401(g)(3) of the Act of June 15, 1935 (16 U.S.C. 715s(g)(3))); or (H) acquired by the Secretary of the Interior or the Secretary of Agriculture under section 5 of the Southern Nevada Public Land Management Act of 1998 that is not otherwise described in subparagraphs (A) through (G). (2)(A) “unit of general local government” means (i) a county (or parish), township, borough, or city (other than in Alaska) where the city is independent of any other unit of general local government, that— (I) is within the class or classes of such political subdivision in a State that the Secretary of the Interior, in his discretion, determines to be the principal provider or providers of governmental services within the State; and (II) is a unit of general government, as determined by the Secretary of the Interior on the basis of the same principles as were used by the Secretary of Commerce on January 1, 1983, for general statistical purposes; (ii) any area in Alaska that is within the boundaries of a census area used by the Secretary of Commerce in the decennial census, but that is not included within the boundary of a governmental entity described under clause (i); (iii) the District of Columbia; (iv) the Commonwealth of Puerto Rico; (v) Guam; and (vi) the Virgin Islands. (B) the term "governmental services" includes, but is not limited to, those services that relate to public safety, the environment, housing, social services, transportation, and governmental administration. (As amended Pub. L. 104-333, div. I, title X, § 1033(a), Nov. 12, 1996, 110 Stat. 4239; Pub. L. 105-83, title III, §350, Nov. 14, 1997, 111 Stat. 1607; Pub. L. 105-263, §5(d), Oct. 19, 1998, 112 Stat. 2348.) REFERENCES IN TEXT Section 5 of the Southern Nevada Public Land Management Act of 1998, referred to in par. (1)(H), is section 5 of Pub. L. 105-263, Oct. 19, 1998, 112 Stat. 2347, subsec. (d) of which amended this section. Subsecs. (a) to (c) of section 5, which related to acquisition of certain environmentally sensitive land, are not classified to the Code. AMENDMENTS 1998-Par. (1)(H). Pub. L. 105-263 added subpar. (H). 1997-Par. (2)(A)(i). Pub. L. 105-83 inserted "(other than in Alaska)" after “borough, or city". 1996-Par. (2). Pub. L. 104-333 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "'unit of general local government' means: "(A) a county (or parish), township, borough, or city where the city is independent of any other unit of general local government, that: (i) is within the class or classes of such political subdivisions in a State that the Secretary of the Interior, in his discretion, determines to be the principal provider or providers of governmental services within the State; and (ii) is a unit of general government as determined by the Secretary of the Interior on the basis of the same principles as were used on January 1, 1983, by the Secretary of Commerce for general statistical purposes. The term 'governmental services' includes, but is not limited to, those services that relate to public safety, environment, housing, social services, transportation, and governmental administration; "(B) the District of Columbia; "(C) the Commonwealth of Puerto Rico; "(E) the Virgin Islands." SHORT TITLE OF 1998 AMENDMENT Pub. L. 105-263, §1, Oct. 19, 1998, 112 Stat. 2343, provided that: "This Act [amending this section and section 460ccc-1 of Title 16, Conservation] may be cited as the 'Southern Nevada Public Land Management Act of 1998'." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6902 of this title. § 6902. Authority and Eligibility1 (a)(1) Except as provided in paragraph (2), the Secretary of the Interior shall make a payment for each fiscal year to each unit of general local government in which entitlement land is located as set forth in this chapter. A unit of general local government may use the payment for any governmental purpose. (2) For each unit of general local government described in section 6901(2)(A)(ii), the Secretary of the Interior shall make a payment for each fiscal year to the State of Alaska for entitlement land located within such unit as set forth in this chapter. The State of Alaska shall distribute such payment to home rule cities and general law cities (as such cities are defined by the State) located within the boundaries of the unit of general local government for which the 1 So in original. Probably should not be capitalized. 50,000 [See main edition for text of (d); credits] AMENDMENTS 1994 Subsec. (c)(2). Pub. L. 103-397, §2(b)(2), amended table generally by augmenting dollar amounts by which population totals must be multiplied in order to equal the limitation from $39.25 to $98.00 under prior table to $44.00 to $110.00. Pub. L. 103-397, §5(b)(4), amended table generally for fiscal year 1998 by augmenting dollar amounts by which population totals must be multiplied in order to equal the limitation from $34.50 to $86.00 under prior table to $39.25 to $98.00. Pub. L. 103-397, §5(b)(3), amended table generally for fiscal year 1997 by augmenting dollar amounts by which population totals must be multiplied in order to equal the limitation from $29.50 to $74.00 under prior table to $34.50 to $86.00. Pub. L. 103-397, §5(b)(2), amended table generally for fiscal year 1996 by augmenting dollar amounts by which population totals must be multiplied in order to equal the limitation from $24.75 to $62.00 under prior table to $29.50 to $74.00. § 6904. Additional payments SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6905 of this title; title 16 sections 790, 460aaa-2, 698u-4; title 43 section 1457a. § 6905. Redwood National Park and the Lake Tahoe Basin SECTION REFERRED TO IN OTHER SECTIONS CHAPTER 71-JOINT FUNDING CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 29 section 708; title 42 section 3020a. CHAPTER 75—REQUIREMENTS FOR SINGLE AUDITS Sec. Definitions. Audit requirements; exemptions. Relation to other audit requirements. Federal agency responsibilities and relations with non-Federal entities. Regulations. Monitoring responsibilities of the Comptroller General. Effective date. AMENDMENTS 1996-Pub. L. 104-156, §2, July 5, 1996, 110 Stat. 1396, amended chapter analysis generally, substituting in item 7504 "Federal agency responsibilities and relations with non-Federal entities" for "Cognizant agency responsibilities" and in item 7507 "Effective date" for "Effective date; report". CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 6703 of this title; title 20 sections 1063a, 1078, 1094; title 25 sections 450c, 450j-1, 2506, 3304, 3414; title 29 sections 1673, 2911, 2912; title 33 sections 1361, 1386; title 42 sections 300x-52, 609, 612, 1437c, 5161, 8624, 9611, 9916, 13753; title 49 section 22107. § 7501. Definitions (a) As used in this chapter, the term (1) "Comptroller General" means the Comptroller General of the United States; (2) "Director" means the Director of the Office of Management and Budget; (3) "Federal agency" has the same meaning as the term "agency" in section 551(1) of title 5; (4) "Federal awards" means Federal financial assistance and Federal cost-reimbursement contracts that non-Federal entities receive directly from Federal awarding agencies or indirectly from pass-through entities; (5) "Federal financial assistance" means assistance that non-Federal entities receive or administer in the form of grants, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, or other assistance, but does not include amounts received as reimbursement for services rendered to individuals in accordance with guidance issued by the Director; (6) "Federal program" means all Federal awards to a non-Federal entity assigned a single number in the Catalog of Federal Domestic Assistance or encompassed in a group of numbers or other category as defined by the Director; (7) "generally accepted government auditing standards" means the government auditing standards issued by the Comptroller General; (8) "independent auditor" means (A) an external State or local government auditor who meets the independence standards included in generally accepted government auditing standards; or (B) a public accountant who meets such independence standards; (9) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation (as defined in, or established under, the Alaskan Native Claims Settlement Act) that is recognized by the United States as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; (10) "internal controls" means a process, effected by an entity's management and other personnel, designed to provide reasonable assurance regarding the achievement of objectives in the following categories: (A) Effectiveness and efficiency of operations.1 (B) Reliability of financial reporting.1 (C) Compliance with applicable laws and regulations; (11) "local government" means any unit of local government within a State, including a county, borough, municipality, city, town, township, parish, local public authority, special district, school district, intrastate dis 1 So in original. trict, council of governments, any other instrumentality of local government and, in accordance with guidelines issued by the Director, a group of local governments; (12) "major program" means a Federal program identified in accordance with risk-based criteria prescribed by the Director under this chapter, subject to the limitations described under subsection (b); (13) "non-Federal entity" means a State, local government, or nonprofit organization; (14) "nonprofit organization" means any corporation, trust, association, cooperative, or other organization that (A) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (B) is not organized primarily for profit; and (C) uses net proceeds to maintain, improve, or expand the operations of the organization; (15) "pass-through entity" means a non-Federal entity that provides Federal awards to a subrecipient to carry out a Federal program; (16) "program-specific audit" means an audit of one Federal program; (17) "recipient" means a non-Federal entity that receives awards directly from a Federal agency to carry out a Federal program; (18) "single audit" means an audit, as described under section 7502(d), of a non-Federal entity that includes the entity's financial statements and Federal awards; (19) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, any instrumentality thereof, any multi-State, regional, or interstate entity which has governmental functions, and any Indian tribe; and (20) "subrecipient" means a non-Federal entity that receives Federal awards through another non-Federal entity to carry out a Federal program, but does not include an individual who receives financial assistance through such awards. (b) In prescribing risk-based program selection criteria for major programs, the Director shall not require more programs to be identified as major for a particular non-Federal entity, except as prescribed under subsection (c) or as provided under subsection (d), than would be identified if the major programs were defined as any program for which total expenditures of Federal awards by the non-Federal entity during the applicable year exceed (1) the larger of $30,000,000 or 0.15 percent of the non-Federal entity's total Federal expenditures, in the case of a non-Federal entity for which such total expenditures for all programs exceed $10,000,000,000; (2) the larger of $3,000,000, or 0.30 percent of the non-Federal entity's total Federal expenditures, in the case of a non-Federal entity for which such total expenditures for all programs exceed $100,000,000 but are less than or equal to $10,000,000,000; or |