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Office of The Assistant General Counsel
for Finance and Litigation

Contract Law | Federal Assistance Law | General Litigation

Welcome to Federal Assistance Law Division
The Federal Assistance Law Division assists the Commerce Department with all legal services associated with federal assistance. On this site you can find out contact information for the staff members, identify staff client assignments, read legal articles prepared by staff members, find a list of grant programs with supporting statutory citations and find links to the statutes, administrative regulations, OMB Circulars, and Commerce policies governing the award of federal assistance by all of the bureaus within the Department.



The Federal Assistance Law Division (FALD) of the Office of the Assistant General Counsel for Finance and Litigation is headed by Michelle O. McClelland. Staffed by seven attorneys and one secretary. FALD staff is co-located with the three primary grants offices servicing the Department, at headquarters in Washington, D.C., at the National Oceanic and Atmospheric Administration’s offices in Silver Spring, MD, and at the National Institute of Standards and Technology in Gaithersburg, MD.

The Office advises the Commerce Department's Grants Officers and Program Officials on all award documents, administrative matters, disputes, suspensions, terminations, cost disallowances, audit resolutions and audit appeals; represents the Department on all federal assistance matters before the Government Accountability Office; and serves as co-counsel to the Department of Justice in litigation involving claims under grants, cooperative agreements, loans, loan guarantees and subsidies.



The Office of Management and Budget (OMB) on 31 August 31, 2005, moved the three cost principles circulars and the debarment and suspension common rule into the recently created Title 2 of the Code of Federal Regulations. The changes are part of a larger governmentwide effort to streamline the grants administration process by establishing a single location for OMB guidance and the associated federal agency implementing regulations under Title 2.

Title 2 Code of Federal Regulations

1. 69 FR 26276, May 11, 2004 (Part 215)

Subtitle A – OMB Government-wide guidance for grants administration - Relocation of OMB Circular A-110

Subtitle B – Federal agencies publish common regulation/policy and terms and conditions of grants and cooperative agreements.

2. 70 FR 51863, August 31, 2005 (Part 180) -- OMB issues interim final guidance for Governmentwide Debarment and Suspension (Nonprocurement).  Agencies must take action to adopt guidance as regulations.

3. 70 FR 51880, August 31, 2005 (Part 220) -- Relocation of OMB Circular A-21 (Cost Principles for Educational Institutions).

4. 70 FR 51910, August 31, 2005 (Part 225) -- Relocation of OMB Circular A-87 (Cost Principles for State, Local, and Indian Tribal Governments).

5. 70 FR 51927, August 31, 2005 (Part 230) -- Relocation of OMB Circular A-122 (Cost Principles for Non-Profit Organizations).

6. Research and Related Grant Terms and conditions 70 FR 4159 ( Jan. 28, 2005 ) -- Using FDP core terms for academic and nonprofit grantees conducting research.

The Federal Register notices announcing all of the changes can be found online at www.access.gpo.gov/su_docs/fedreg/a050831c.html.

Commerce Updates:

1. DOC Pre-Award Requirements Published at 69 FR 78389, Dec. 30, 2004

2. New DOC Standard Terms and Conditions (Revised Jan. 19, 2005 )

3. Grants Manual Chapter 19 reissued



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Office Contact:
Michelle O. McClelland
MMcClelland@doc.gov
202/482-8035 Voice
202/501-8005 Fax


Visit FALD's Web Pages:
right arrowDivision Staff
right arrowClient Assignments
right arrowIt's The Law
right arrowHelpful Links
right arrowGrants Law Developments


Quick Links:
right arrowDepartment Grants   Office
right arrowNOAA Grants   Management Office

right arrowNIST Grants   Management Office

Federal Assistance Statutes, Regulations and Cost Principles:
right arrowFederal Grant and Cooperative
right arrowOMB Guidance on FGCAA, 8-18-78
right arrowFFAMIA of 1999
right arrowFederal Funding Accountability and Transparency Act of 2006
right arrowDOC Regulations
Cost Principles:
right arrowOMB Circular A-21
right arrowOMB Circular A-87
right arrowOMB Circular A-122
right arrow48 CFR Part 31
right arrow2 CFR Part 220
right arrow2 CFR Part 225
right arrow2 CFR Part 230
Audits:
right arrowOMB Circular A-133
right arrowDepartment   Administrative Order   213-5

right arrowDepartment Financial   Assistance Program   Statutory Authorities

Publications:
right arrowDepartment of   Commerce Grants and   Cooperative   Agreements Interim   Manual

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