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§ 7501. —  Definitions. - US § 7501. —  Definitions. - US Code : CHAN ROBLES VIRTUAL LAW LIBRARY


[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 31USC7501]

 
                       TITLE 31--MONEY AND FINANCE
 
              SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION
 
               CHAPTER 75--REQUIREMENTS FOR SINGLE AUDITS
 
Sec. 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\
---------------------------------------------------------------------------
    \1\ So in original.
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            (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 district, 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
        (3) the larger of $300,000, or 3 percent of such total Federal 
    expenditures for all programs, in the case of a non-Federal entity 
    for which such total expenditures for all programs equal or exceed 
    $300,000 but are less than or equal to $100,000,000.

    (c) When the total expenditures of a non-Federal entity's major 
programs are less than 50 percent of the non-Federal entity's total 
expenditures of all Federal awards (or such lower percentage as 
specified by the Director), the auditor shall select and test additional 
programs as major programs as necessary to achieve audit coverage of at 
least 50 percent of Federal expenditures by the non-Federal entity (or 
such lower percentage as specified by the Director), in accordance with 
guidance issued by the Director.
    (d) Loan or loan guarantee programs, as specified by the Director, 
shall not be subject to the application of subsection (b).

(Added Pub. L. 98-502, Sec. 2(a), Oct. 19, 1984, 98 Stat. 2327; amended 
Pub. L. 104-156, Sec. 2, July 5, 1996, 110 Stat. 1396.)

                       References in Text

    The Alaskan Native Claims Settlement Act, referred to in subsec. 
(a)(9), probably means the Alaska Native Claims Settlement Act, Pub. L. 
92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified 
generally to chapter 33 (Sec. 1601 et seq.) of Title 43, Public Lands. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1601 of Title 43 and Tables.


                               Amendments

    1996--Pub. L. 104-156 reenacted section catchline without change and 
amended text generally, substituting present provisions for similar 
provisions defining terms used in this chapter.


                      Short Title of 1996 Amendment

    Section 1(a) of Pub. L. 104-156 provided that: ``This Act [amending 
this chapter and enacting provisions set out as notes below] may be 
cited as the `Single Audit Act Amendments of 1996'.''


                               Short Title

    Section 1(a) of Pub. L. 98-502 provided that: ``This Act [enacting 
this chapter] may be cited as the `Single Audit Act of 1984'.''

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


                        Transitional Application

    Section 3 of Pub. L. 104-156 provided that: ``Subject to section 
7507 of title 31, United States Code (as amended by section 2 of this 
Act) the provisions of chapter 75 of such title (before amendment by 
section 2 of this Act) shall continue to apply to any State or local 
government with respect to any of its fiscal years beginning before July 
1, 1996.''


                   Congressional Statement of Purpose

    Section 1(b) of Pub. L. 104-156 provided that: ``The purposes of 
this Act [see Short Title of 1996 Amendment note above] are to--
        ``(1) promote sound financial management, including effective 
    internal controls, with respect to Federal awards administered by 
    non-Federal entities;
        ``(2) establish uniform requirements for audits of Federal 
    awards administered by non-Federal entities;
        ``(3) promote the efficient and effective use of audit 
    resources;
        ``(4) reduce burdens on State and local governments, Indian 
    tribes, and nonprofit organizations; and
        ``(5) ensure that Federal departments and agencies, to the 
    maximum extent practicable, rely upon and use audit work done 
    pursuant to chapter 75 of title 31, United States Code (as amended 
    by this Act).''
    Section 1(b) of Pub. L. 98-502 provided that: ``It is the purpose of 
this Act [enacting this chapter]--
        ``(1) to improve the financial management of State and local 
    governments with respect to Federal financial assistance programs;
        ``(2) to establish uniform requirements for audits of Federal 
    financial assistance provided to State and local governments;
        ``(3) to promote the efficient and effective use of audit 
    resources; and
        ``(4) to ensure that Federal departments and agencies, to the 
    maximum extent practicable, rely upon and use audit work done 
    pursuant to chapter 75 of title 31, United States Code (as added by 
    this Act).''


      Tennessee Valley Authority Audits Unaffected by Single Audit 
                              Requirements

    Section 2(b) of Pub. L. 98-502 provided that: ``The provisions of 
this Act [enacting this chapter] shall not diminish or otherwise affect 
the authority of the Tennessee Valley Authority to conduct its own 
audits of any matter involving funds disbursed by the Tennessee Valley 
Authority.''

                  Section Referred to in Other Sections

    This section is referred to in title 49 section 47107.




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