§6101. Definitions
In this chapter-
(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-
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6101(1) | 31:1701(4). | Dec. 28, 1977,
|
| 6101(2) | 31:1701(2). | |
| 6101(3) | 31:1701(1). | |
| 6101(4) | 31:1701(3). |
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).
1994-Par. (4)(B).
1986-Par. (4)(B).
1983-Pars. (5), (6).
Par. (7).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Short Title of 2022 Amendment
Short Title of 2021 Amendment
Short Title of 2014 Amendment
Short Title of 2008 Amendment
Grant Transparency
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Grant Transparency Act of 2023'.
"SEC. 2. NOTICES OF FUNDING OPPORTUNITY TRANSPARENCY.
"(a)
"(1)
"(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)
"(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)
"(4)
"(5)
"(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)
"(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)
"(1)
"(2)
"(A) the number of applications received; and
"(B) the city and State of each organization that submitted an application.
"(d)
"(e)
"(f)
"(1)
"(2)
Reporting on Use of Funds
"(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 [
"(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
"(a)
"(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)
Purposes
"(1) expand the Federal Funding Accountability and Transparency Act of 2006 [
"(2) establish Government-wide data standards for financial data and provide consistent, reliable, and searchable Government-wide spending data that is displayed accurately for taxpayers and policy makers on USASpending.gov (or a successor system that displays the data);
"(3) simplify reporting for entities receiving Federal funds by streamlining reporting requirements and reducing compliance costs while improving transparency;
"(4) improve the quality of data submitted to USASpending.gov by holding Federal agencies accountable for the completeness and accuracy of the data submitted; and
"(5) apply approaches developed by the Recovery Accountability and Transparency Board to spending across the Federal Government."
Requirements and Limitations for Suspension and Debarment Officials of the Department of Defense, the Department of State, and the United States Agency for International Development
"(a)
"(1) There shall be not less than one suspension and debarment official-
"(A) in the case of the Department of Defense, for each of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Defense Logistics Agency;
"(B) for the Department of State; and
"(C) for the United States Agency for International Development.
"(2) A suspension and debarment official under paragraph (1) may not report to or be subject to the supervision of the acquisition office or the Inspector General-
"(A) in the case of the Department of Defense, of either the Department of Defense or the military department or Defense Agency concerned; and
"(B) in the case of the Department of State and the United States Agency for International Development, of the covered agency concerned.
"(3) Each suspension and debarment official under paragraph (1) shall have a staff and resources adequate for the discharge of the suspension and debarment responsibilities of such official.
"(4) Each suspension and debarment official under paragraph (1) shall document the basis for any final decision taken pursuant to a formal referral in accordance with the policies established under paragraph (5).
"(5) Each suspension and debarment official under paragraph (1) shall, in consultation with the General Counsel of the covered agency, establish in writing policies for the consideration of the following:
"(A) Formal referrals of suspension and debarment matters.
"(B) Suspension and debarment matters that are not formally referred.
"(b)
"(c)
Role of Interagency Committee on Debarment and Suspension
"(a)
"(1) resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings, including with respect to contracts in connection with contingency operations;
"(2) coordinate actions among interested agencies with respect to such action;
"(3) encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment system;
"(4) recommend to the Office of Management and Budget changes to the Government suspension and debarment system and its rules, if such recommendations are approved by a majority of the Interagency Committee;
"(5) authorize the Office of Management and Budget to issue guidelines that implement those recommendations;
"(6) authorize the chair of the Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; and
"(7) submit to Congress an annual report on-
"(A) the progress and efforts to improve the suspension and debarment system;
"(B) member agencies' active participation in the committee's work;
"(C) a summary of each agency's activities and accomplishments in the Governmentwide debarment system; and
"(D) a summary of suspensions, debarments, and administrative agreements during the previous year.
"(b)
"(c)
"(1) The term 'contingency operation' has the meaning given that term in section 101(a)(13) of title 10, United States Code.
"(2) The term 'Interagency Committee on Debarment and Suspension' means the committee constituted under sections 4 and 5 of Executive Order No. 12549 [set out below]."
Federal Funding Accountability and Transparency
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Federal Funding Accountability and Transparency Act of 2006'.
"SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIVING FEDERAL FUNDING.
"(a)
"(1)
"(2)
"(A) includes, whether for profit or nonprofit-
"(i) a corporation;
"(ii) an association;
"(iii) a partnership;
"(iv) a limited liability company;
"(v) a limited liability partnership;
"(vi) a sole proprietorship;
"(vii) any other legal business entity;
"(viii) any other grantee or contractor that is not excluded by subparagraph (B) or (C); and
"(ix) any State or locality;
"(B) on and after January 1, 2009, includes any subcontractor or subgrantee; and
"(C) does not include-
"(i) an individual recipient of Federal assistance; or
"(ii) a Federal employee.
"(3)
"(4)
"(A) means Federal financial assistance and expenditures that-
"(i) include grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance;
"(ii) include contracts, subcontracts, purchase orders, task orders, and delivery orders;
"(B) does not include individual transactions below $25,000; and
"(C) before October 1, 2008, does not include credit card transactions.
"(5)
"(6)
"(7)
"(A) search and aggregate Federal funding by any element required by subsection (b)(1);
"(B) ascertain through a single search the total amount of Federal funding awarded to an entity by a Federal award described in paragraph (2)(A)(i), by fiscal year;
"(C) ascertain through a single search the total amount of Federal funding awarded to an entity by a Federal award described in paragraph (2)(A)(ii), by fiscal year; and
"(D) download data included in subparagraph (A) included in the outcome from searches.
"(8)
"(b)
"(1)
"(A) the name of the entity receiving the award;
"(B) the amount of the award;
"(C) information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source, and an award title descriptive of the purpose of each funding action;
"(D) the location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country;
"(E) a unique identifier of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity;
"(F) the names and total compensation of the five most highly compensated officers of the entity if-
"(i) the entity in the preceding fiscal year received-
"(I) 80 percent or more of its annual gross revenues in Federal awards; and
"(II) $25,000,000 or more in annual gross revenues from Federal awards; and
"(ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. [; and]
"(G) any other relevant information specified by the Office of Management and Budget.
"(2)
"(3)
"(4)
"(c)
"(1) may use as the source of its data the Federal Procurement Data System, Federal Assistance Award Data System, and Grants.gov, if all of these data sources are searchable through the website and can be accessed in a search on the website required by this Act, provided that the user may-
"(A) specify such search shall be confined to Federal contracts and subcontracts;
"(B) specify such search shall be confined to include grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance;
"(2) shall not be considered in compliance if it hyperlinks to the Federal Procurement Data System website, Federal Assistance Award Data System website, Grants.gov website, or other existing websites, so that the information elements required by subsection (b)(1) cannot be searched electronically by field in a single search;
"(3) shall provide an opportunity for the public to provide input about the utility of the site and recommendations for improvements;
"(4) shall be updated not later than 30 days after the award of any Federal award requiring a posting;
"(5) shall provide for separate searches for Federal awards described in subsection (a) to distinguish between the Federal awards described in subsection (a)(2)(A)(i) and those described in subsection (a)(2)(A)(ii);
"(6) shall have the ability to aggregate data for the categories described in paragraphs (1) through (5) without double-counting data; and
"(7) shall ensure that all information published under this section is available-
"(A) in machine-readable and open formats;
"(B) to be downloaded in bulk; and
"(C) to the extent practicable, for automated processing.
"(d)
"(1)
"(A)
"(i) test the collection and accession of data about subgrants and subcontracts; and
"(ii) determine how to implement a subaward reporting program across the Federal Government, including-
"(I) a reporting system under which the entity issuing a subgrant or subcontract is responsible for fulfilling the subaward reporting requirement; and
"(II) a mechanism for collecting and incorporating agency and public feedback on the design and utility of the website.
"(B)
"(2)
"(A)
"(i) shall ensure that data regarding subawards are disclosed in the same manner as data regarding other Federal awards, as required by this Act; and
"(ii) shall ensure that the method for collecting and distributing data about subawards under clause (i)-
"(I) minimizes burdens imposed on Federal award recipients and subaward recipients;
"(II) allows Federal award recipients and subaward recipients to allocate reasonable costs for the collection and reporting of subaward data as indirect costs; and
"(III) establishes cost-effective requirements for collecting subaward data under block grants, formula grants, and other types of assistance to State and local governments.
"(B)
"(e)
"(f)
"(g)
"(1)
"(2)
"(A) data regarding the usage and public feedback on the utility of the site (including recommendations for improving data quality and collection);
"(B) an assessment of the reporting burden placed on Federal award and subaward recipients; and
"(C) an explanation of any extension of the subaward reporting deadline under subsection (d)(2)(B), if applicable.
"(3)
"SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS.
"(a)
"(b)
"(1)
"(A) for each appropriations account, including an expired or unexpired appropriations account, the amount-
"(i) of budget authority appropriated;
"(ii) that is obligated;
"(iii) of unobligated balances; and
"(iv) of any other budgetary resources;
"(B) from which accounts and in what amount-
"(i) appropriations are obligated for each program activity; and
"(ii) outlays are made for each program activity;
"(C) from which accounts and in what amount-
"(i) appropriations are obligated for each object class; and
"(ii) outlays are made for each object class; and
"(D) for each program activity, the amount-
"(i) obligated for each object class; and
"(ii) of outlays made for each object class.
"(2)
"(A)
"(i) the term 'budget justification materials' means the annual budget justification materials of a Federal agency, or a component of a Federal agency, that are submitted, in conjunction with the budget of the United States Government submitted under section 1105(a) of title 31, United States Code; and
"(ii) the term 'open Government data asset' has the meaning given that term in section 3502 of title 44, United States Code.
"(B)
"(i) shall include any budget justification materials-
"(I) for the second fiscal year beginning after the date of enactment of this paragraph [Sept. 24, 2021], and each fiscal year thereafter; and
"(II) to the extent practicable, that were released for any fiscal year before the date of enactment of this paragraph; and
"(ii) shall not include budget justification materials the disclosure of which is prohibited by law, that are classified, or that are exempt from disclosure under section 552(b) of title 5, United States Code.
"(C)
"(i) as an open Government data asset;
"(ii) in a manner that enables users to download individual reports, download all reports in bulk, and download in bulk the results of a search, to the extent practicable; and
"(iii) in a structured data format, to the extent practicable.
"(D)
"(E)
"SEC. 4. DATA STANDARDS.
"(a)
"(1)
"(2)
"(b)
"(1) incorporate widely accepted common data elements, such as those developed and maintained by-
"(A) an international voluntary consensus standards body;
"(B) Federal agencies with authority over contracting and financial assistance; and
"(C) accounting standards organizations;
"(2) incorporate a widely accepted, nonproprietary, searchable, platform-independent computer-readable format;
"(3) include unique identifiers for Federal awards and entities receiving Federal awards that can be consistently applied Government-wide;
"(4) be consistent with and implement applicable accounting principles;
"(5) be capable of being continually upgraded as necessary;
"(6) produce consistent and comparable data, including across program activities; and
"(7) establish a standard method of conveying the reporting period, reporting entity, unit of measure, and other associated attributes.
"(c)
"(1)
"(2)
"(A)
"(B)
"(i)
"(ii)
"(iii)
"(I) each grant of an extension under clause (i); and
"(II) the reasons for granting such an extension.
"(3)
"(d)
"SEC. 5. SIMPLIFYING FEDERAL AWARD REPORTING.
"(a)
"(1) common reporting elements across the Federal Government;
"(2) unnecessary duplication in financial reporting; and
"(3) unnecessarily burdensome reporting requirements for recipients of Federal awards.
"(b)
"(1)
"(A) standardized reporting elements across the Federal Government;
"(B) the elimination of unnecessary duplication in financial reporting; and
"(C) the reduction of compliance costs for recipients of Federal awards.
"(2)
"(A) include a combination of Federal contracts, grants, and subawards, the aggregate value of which is not less than $1,000,000,000 and not more than $2,000,000,000;
"(B) include a diverse group of recipients of Federal awards; and
"(C) to the extent practicable, include recipients who receive Federal awards from multiple programs across multiple agencies.
"(3)
"(4)
"(5)
"(6)
"(A) a description of the data collected under the pilot program, the usefulness of the data provided, and the cost to collect the data from recipients; and
"(B) a discussion of any legislative action required and recommendations for-
"(i) consolidating aspects of Federal financial reporting to reduce the costs to recipients of Federal awards;
"(ii) automating aspects of Federal financial reporting to increase efficiency and reduce the costs to recipients of Federal awards;
"(iii) simplifying the reporting requirements for recipients of Federal awards; and
"(iv) improving financial transparency.
"(7)
"(A) reduce the burden of complying with reporting requirements; and
"(B) simplify the reporting process, including by reducing duplicative reports.
"SEC. 6. ACCOUNTABILITY FOR FEDERAL FUNDING.
"(a)
"(1)
"(A) review a statistically valid sampling of the spending data submitted under this Act by the Federal agency; and
"(B) submit to Congress and make publically available a report assessing the completeness, timeliness, quality, and accuracy of the data sampled and the implementation and use of data standards by the Federal agency.
"(2)
"(A)
"(B)
"(b)
"(1)
"(2)
"(c)
"(1)
"(A) the prevention and reduction of improper payments by Federal agencies; and
"(B) improving efficiency and transparency in Federal spending.
"(2)
"(A) under which the Secretary may provide data from the data analysis center for-
"(i) the purposes set forth under paragraph (1);
"(ii) the identification, prevention, and reduction of waste, fraud, and abuse relating to Federal spending; and
"(iii) use in the conduct of criminal and other investigations; and
"(B) which may require the Federal agency, Inspector General, or Federal law enforcement agency to provide reimbursement to the Secretary for the reasonable cost of carrying out the agreement.
"(3)
"SEC. 7. CLASSIFIED AND PROTECTED INFORMATION.
"Nothing in this Act shall require the disclosure to the public of-
"(1) information that would be exempt from disclosure under section 552 of title 5, United States Code (commonly known as the 'Freedom of Information Act'); or
"(2) information protected under section 552a of title 5, United States Code (commonly known as the 'Privacy Act of 1974'), or section 6103 of the Internal Revenue Code of 1986 [26 U.S.C. 6103].
"SEC. 8. NO PRIVATE RIGHT OF ACTION.
"Nothing in this Act shall be construed to create a private right of action for enforcement of any provision of this Act."
Federal Financial Assistance Management Improvement
Uniform Suspension, Debarment or Exclusion From Procurement or Nonprocurement Activity
"(a)
"(b)
"(c)
"(1) The term 'procurement activities' means all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation. Such term includes subcontracts at any tier, other than subcontracts for commercially available off-the-shelf items (as defined in section 35(c) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 431(c)) [now 41 U.S.C. 104]), except that in the case of a contract for commercial products, such term includes only first-tier subcontracts.
"(2) The term 'nonprocurement activities' means all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 and the Office of Management and Budget guidelines implementing that order.
"(3) The term 'agency' means an Executive agency as defined in section 103 of title 5, United States Code."
Transfer of Personnel, Property, Records, and Appropriations
Executive Documents
Ex. Ord. No. 12549. Debarment and Suspension of Participants in Federal Programs
Ex. Ord. No. 12549, Feb. 18, 1986, 51 F.R. 6370, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs, increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that:
(b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees.
(c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment.
(a) Follow government-wide criteria and government-wide minimum due process procedures when they act to debar or suspend participants in affected programs.
(b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation, and participants declared ineligible under applicable law, including Executive Orders. This information shall be included in the list to be maintained pursuant to Section 5.
(c) Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in an affected program. An agency may grant an exception permitting a debarred, suspended, or excluded party to participate in a particular transaction upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently.
Ronald Reagan.
Ex. Ord. No. 12689. Debarment and Suspension
Ex. Ord. No. 12689, Aug. 16, 1989, 54 F.R. 34131, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to protect the interest of the Federal Government, to deal only with responsible persons, and to insure proper management and integrity in Federal activities, it is hereby ordered as follows:
(a) "Procurement activities" refers to all acquisition programs and activities of the Federal Government, as defined in the Federal Acquisition Regulation.
(b) "Nonprocurement activities" refers to all programs and activities involving Federal financial and nonfinancial assistance and benefits, as covered by Executive Order No. 12549 [set out above] and the Office of Management and Budget guidelines implementing that order.
(c) "Agency" refers to executive departments and agencies.
(a) To the extent permitted by law and upon resolution of differences and promulgation of final regulations pursuant to section 3 of this order, the debarment, suspension, or other exclusion of a participant in a procurement activity under the Federal Acquisition Regulation, or in a nonprocurement activity under regulations issued pursuant to Executive Order No. 12549, shall have governmentwide effect. No agency shall allow a party to participate in any procurement or nonprocurement activity if any agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion agreement) that party from participation in a procurement or nonprocurement activity.
(b) An agency may grant an exception permitting a debarred, suspended, or otherwise excluded party to participate in procurement activities of that agency to the extent exceptions are authorized under the Federal Acquisition Regulation, or to participate in nonprocurement activities of that agency to the extent exceptions are authorized under regulations issued pursuant to Executive Order No. 12549.
(a) The Office of Management and Budget may assist Federal agencies in resolving differences between the provisions contained in the Federal Acquisition Regulation and in regulations issued pursuant to Executive Order No. 12549. The Office of Management and Budget may determine the date of resolution of differences and then shall notify affected agencies of that date.
(b) To implement this order, proposed regulations amending the Federal Acquisition Regulation and the agency regulations issued pursuant to Executive Order No. 12549 shall be published simultaneously within 6 months of the resolution of differences.
(c) Final regulations shall be published simultaneously within 12 months of the publication of the proposed regulations, to be effective 30 days thereafter.
George Bush.