**NOTE: The Federal Financial Assistance Management Improvement Act of
1999 is in the "Amendments" section under 31 USC 6101.**

From the U.S. Code Online via GPO Access

\[wais.access.gpo.gov\]

\[Laws in effect as of January 3, 2005\]

\[Document not affected by Public Laws enacted between

January 3, 2005 and October 30, 2006\]

\[CITE: **31USC6101**\]

TITLE 31\--MONEY AND FINANCE

SUBTITLE V\--GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 61\--PROGRAM INFORMATION

Sec. 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.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1000; Pub. L. 98-169,

Secs. 1(1), 3(a), Nov. 29, 1983, 97 Stat. 1113; Pub. L. 99-547,

Sec. 2(b)(2), Oct. 27, 1986, 100 Stat. 3060; Pub. L. 103-272,

Sec. 4(f)(1)(S), July 5, 1994, 108 Stat. 1362; Pub. L. 104-287,

Sec. 6(a)(1), Oct. 11, 1996, 110 Stat. 3398.)

Historical and Revision Notes

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Section Source (U.S. Code) Source (Statutes at Large)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

6101(1)\...\...\...\...\...\...\...\...\...\... 31:1701(4). Dec. 28,
1977, Pub. L. 95-220, Sec. 2,

91 Stat. 1615.

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.

Amendments

1996\--Par. (4)(B). Pub. L. 104-287 made technical amendment to

directory language of Pub. L. 103-272. See 1994 Amendment note below.

1994\--Par. (4)(B). Pub. L. 103-272, as amended by Pub. L. 104-287,

substituted \`\`agency.\'\' for \`\`agency\'\' at end.

1986\--Par. (4)(B). Pub. L. 99-547 substituted \`\`assistance from an

agency for an agency\'\' for \`\`a department, agency, or
instrumentality of

the Government.\'\'

1983\--Pars. (5), (6). Pub. L. 98-169, Sec. 1(1), added pars. (5) and

(6).

Par. (7). Pub. L. 98-169, Sec. 3(a), added par. (7).

Effective Date of 1996 Amendment

Section 6(a) of Pub. L. 104-287 provided that the amendment made by

that section is effective July 5, 1994.

Federal Financial Assistance Management Improvement

Pub. L. 106-107, Nov. 20, 1999, 113 Stat. 1486, as amended by Pub.

L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814, provided that:

\`\`SECTION 1. SHORT TITLE.

\`\`This Act may be cited as the \`Federal Financial Assistance

Management Improvement Act of 1999\'.

\`\`SEC. 2. FINDINGS.

\`\`Congress finds that\--

\`\`(1) there are over 600 different Federal financial assistance

programs to implement domestic policy;

\`\`(2) while the assistance described in paragraph (1) has been

directed at critical problems, some Federal administrative

requirements may be duplicative, burdensome or conflicting, thus

impeding cost-effective delivery of services at the local level;

\`\`(3) the Nation\'s State, local, and tribal governments and

private, nonprofit organizations are dealing with increasingly

complex problems which require the delivery and coordination of many

kinds of services; and

\`\`(4) streamlining and simplification of Federal financial

assistance administrative procedures and reporting requirements will

improve the delivery of services to the public.

\`\`SEC. 3. PURPOSES.

\`\`The purposes of this Act are to\--

\`\`(1) improve the effectiveness and performance of Federal

financial assistance programs;

\`\`(2) simplify Federal financial assistance application and

reporting requirements;

\`\`(3) improve the delivery of services to the public; and

\`\`(4) facilitate greater coordination among those responsible

for delivering such services.

\`\`SEC. 4. DEFINITIONS.

\`\`In this Act:

\`\`(1) Director.\--The term \`Director\' means the Director of the

Office of Management and Budget.

\`\`(2) Federal agency.\--The term \`Federal agency\' means any

agency as defined under section 551(1) of title 5, United States

Code.

\`\`(3) Federal financial assistance.\--The term \`Federal financial

assistance\' has the same meaning as defined in section 7501(a)(5) of

title 31, United States Code, under which Federal financial

assistance is provided, directly or indirectly, to a non-Federal

entity.

\`\`(4) Local government.\--The term \`local government\' means a

political subdivision of a State that is a unit of general local

government (as defined under section 7501(a)(11) of title 31, United

States Code).

\`\`(5) Non-federal entity.\--The term \`non-Federal entity\' means a

State, local government, or nonprofit organization.

\`\`(6) Nonprofit organization.\--The term \`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.

\`\`(7) State.\--The term \`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, and any instrumentality thereof, any multi-State, regional,

or interstate entity which has governmental functions, and any

Indian Tribal Government.

\`\`(8) Tribal government.\--The term \`tribal government\' means an

Indian tribe, as that term is defined in section 7501(a)(9) of title

31, United States Code.

\`\`(9) Uniform administrative rule.\--The term \`uniform

administrative rule\' means a Governmentwide uniform rule for any

generally applicable requirement established to achieve national

policy objectives that applies to multiple Federal financial

assistance programs across Federal agencies.

\`\`SEC. 5. DUTIES OF FEDERAL AGENCIES.

\`\`(a) In General.\--Except as provided under subsection (b), not

later than 18 months after the date of the enactment of this Act \[Nov.

20, 1999\], each Federal agency shall develop and implement a plan
that\--

\`\`(1) streamlines and simplifies the application,

administrative, and reporting procedures for Federal financial

assistance programs administered by the agency;

\`\`(2) demonstrates active participation in the interagency

process under section 6(a)(2);

\`\`(3) demonstrates appropriate agency use, or plans for use, of

the common application and reporting system developed under section

6(a)(1);

\`\`(4) designates a lead agency official for carrying out the

responsibilities of the agency under this Act;

\`\`(5) allows applicants to electronically apply for, and report

on the use of, funds from the Federal financial assistance program

administered by the agency;

\`\`(6) ensures recipients of Federal financial assistance provide

timely, complete, and high quality information in response to

Federal reporting requirements; and

\`\`(7) in cooperation with recipients of Federal financial

assistance, establishes specific annual goals and objectives to

further the purposes of this Act and measure annual performance in

achieving those goals and objectives, which may be done as part of

the agency\'s annual planning responsibilities under the Government

Performance and Results Act of 1993 (Public Law 103-62; 107 Stat.

285\) \[see Short Title of 1993 Amendment note set out under section

1101 of this title\].

\`\`(b) Extension.\--If a Federal agency is unable to comply with

subsection (a), the Director may extend for up to 12 months the period

for the agency to develop and implement a plan in accordance with

subsection (a).

\`\`(c) Comment and Consultation on Agency Plans.\--

\`\`(1) Comment.\--Each agency shall publish the plan developed

under subsection (a) in the Federal Register and shall receive

public comment of the plan through the Federal Register and other

means (including electronic means). To the maximum extent

practicable, each Federal agency shall hold public forums on the

plan.

\`\`(2) Consultation.\--The lead official designated under

subsection (a)(4) shall consult with representatives of non-Federal

entities during development and implementation of the plan.

Consultation with representatives of State, local, and tribal

governments shall be in accordance with section 204 of the Unfunded

Mandates Reform Act of 1995 (2 U.S.C. 1534).

\`\`(d) Submission of Plan.\--Each Federal agency shall submit the plan

developed under subsection (a) to the Director and Congress and report

annually thereafter on the implementation of the plan and performance of

the agency in meeting the goals and objectives specified under

subsection (a)(7). Such report may be included as part of any of the

general management reports required under law.

\`\`SEC. 6. DUTIES OF THE DIRECTOR.

\`\`(a) In General.\--The Director, in consultation with agency heads

and representatives of non-Federal entities, shall direct, coordinate,

and assist Federal agencies in establishing\--

\`\`(1) a common application and reporting system, including\--

\`\`(A) a common application or set of common applications,

wherein a non-Federal entity can apply for Federal financial

assistance from multiple Federal financial assistance programs

that serve similar purposes and are administered by different

Federal agencies;

\`\`(B) a common system, including electronic processes,

wherein a non-Federal entity can apply for, manage, and report

on the use of funding from multiple Federal financial assistance

programs that serve similar purposes and are administered by

different Federal agencies; and

\`\`(C) uniform administrative rules for Federal financial

assistance programs across different Federal agencies; and

\`\`(2) an interagency process for addressing\--

\`\`(A) ways to streamline and simplify Federal financial

assistance administrative procedures and reporting requirements

for non-Federal entities;

\`\`(B) improved interagency and intergovernmental

coordination of information collection and sharing of data

pertaining to Federal financial assistance programs, including

appropriate information sharing consistent with section 552a of

title 5, United States Code; and

\`\`(C) improvements in the timeliness, completeness, and

quality of information received by Federal agencies from

recipients of Federal financial assistance.

\`\`(b) Lead Agency and Working Groups.\--The Director may designate a

lead agency to assist the Director in carrying out the responsibilities

under this section. The Director may use interagency working groups to

assist in carrying out such responsibilities.

\`\`(c) Review of Plans and Reports.\--Upon the request of the

Director, agencies shall submit to the Director, for the Director\'s

review, information and other reporting regarding agency implementation

of this Act.

\`\`(d) Exemptions.\--The Director may exempt any Federal agency or

Federal financial assistance program from the requirements of this Act

if the Director determines that the Federal agency does not have a

significant number of Federal financial assistance programs. The

Director shall maintain a list of exempted agencies which shall be

available to the public through the Office of Management and Budget\'s

Internet site.

\`\`(e) Report on Recommended Changes in Law.\--Not later than 18

months after the date of the enactment of this Act \[Nov. 20, 1999\],
the

Director shall submit to Congress a report containing recommendations

for changes in law to improve the effectiveness, performance, and

coordination of Federal financial assistance programs.

\`\`(f) Deadline.\--All actions required under this section shall be

carried out not later than 18 months after the date of the enactment of

this Act \[Nov. 20, 1999\].

\`\`SEC. 7. EVALUATION.

\`\`(a) In General.\--The Government Accountability Office shall

evaluate the effectiveness of this Act. Not later than 6 years after the

date of the enactment of this Act \[Nov. 20, 1999\], the evaluation
shall

be submitted to the lead agency, the Director, and Congress. The

evaluation shall be performed with input from State, local, and tribal

governments, and nonprofit organizations.

\`\`(b) Contents.\--The evaluation under subsection (a) shall\--

\`\`(1) assess the effectiveness of this Act in meeting the

purposes of this Act and make specific recommendations to further

the implementation of this Act;

\`\`(2) evaluate actual performance of each agency in achieving

the goals and objectives stated in agency plans; and

\`\`(3) assess the level of coordination among the Director,

Federal agencies, State, local, and tribal governments, and

nonprofit organizations in implementing this Act.

\`\`SEC. 8. COLLECTION OF INFORMATION.

\`\`Nothing in this Act shall be construed to prevent the Director or

any Federal agency from gathering, or to exempt any recipient of Federal

financial assistance from providing, information that is required for

review of the financial integrity or quality of services of an activity

assisted by a Federal financial assistance program.

\`\`SEC. 9. JUDICIAL REVIEW.

\`\`There shall be no judicial review of compliance or noncompliance

with any of the provisions of this Act. No provision of this Act shall

be construed to create any right or benefit, substantive or procedural,

enforceable by any administrative or judicial action.

\`\`SEC. 10. STATUTORY REQUIREMENTS.

\`\`Nothing in this Act shall be construed as a means to deviate from

the statutory requirements relating to applicable Federal financial

assistance programs.

\`\`SEC. 11. EFFECTIVE DATE AND SUNSET.

\`\`This Act shall take effect on the date of the enactment of this

Act \[Nov. 20, 1999\] and shall cease to be effective 8 years after such

date of enactment.\'\'

Uniform Suspension, Debarment or Exclusion From Procurement or

Nonprocurement Activity

Pub. L. 103-355, title II, Sec. 2455, Oct. 13, 1994, 108 Stat. 3327,

provided that:

\`\`(a) Requirement for Regulations.\--Regulations shall be issued

providing that provisions for 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 \[set out

below\], shall have government-wide 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) Authority To Grant Exception.\--The regulations issued pursuant

to subsection (a) shall provide that 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.

\`\`(c) Definitions.\--In this section:

\`\`(1) The term \`procurement activities\' means all acquisition

programs and activities of the Federal Government, as defined in the

Federal Acquisition Regulation.

\`\`(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

Section 7 of Pub. L. 98-169 provided that: \`\`The Director of the

Office of Management and Budget shall transfer to the Administrator of

General Services such personnel, property, records, and unexpended

balances of appropriations available in connection with any authorities

and responsibilities so transferred, as the Director of the Office of

Management and Budget determines are necessary to carry out the

responsibilities transferred pursuant to this Act \[enacting sections

6105 and 6106 of this title, amending sections 6101 to 6104 of this

title and repealing section 6105 of this title\].\'\'

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:

Section 1. (a) To the extent permitted by law and subject to the

limitations in Section 1(c), Executive departments and agencies shall

participate in a system for debarment and suspension from programs and

activities involving Federal financial and nonfinancial assistance and

benefits. Debarment or suspension of a participant in a program by one

agency shall have government-wide effect.

\(b\) 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.

Sec. 2. To the extent permitted by law, Executive departments and

agencies shall:

\(a\) 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.

Sec. 3. Executive departments and agencies shall issue regulations

governing their implementation of this Order that shall be consistent

with the guidelines issued under Section 6. Proposed regulations shall

be submitted to the Office of Management and Budget for review within

four months of the date of the guidelines issued under Section 6. The

Director of the Office of Management and Budget may return for

reconsideration proposed regulations that the Director believes are

inconsistent with the guidelines. Final regulations shall be published

within twelve months of the date of the guidelines.

Sec. 4. There is hereby constituted the Interagency Committee on

Debarment and Suspension, which shall monitor implementation of this

Order. The Committee shall consist of representatives of agencies

designated by the Director of the Office of Management and Budget.

Sec. 5. The Director of the Office of Management and Budget shall

designate a Federal agency to perform the following functions: maintain

a current list of all individuals and organizations excluded from

program participation under this Order, periodically distribute the list

to Federal agencies, and study the feasibility of automating the list;

coordinate with the lead agency responsible for government-wide

debarment and suspension of contractors; chair the Interagency Committee

established by Section 4; and report periodically to the Director on

implementation of this Order, with the first report due within two years

of the date of the Order.

Sec. 6. The Director of the Office of Management and Budget is

authorized to issue guidelines to Executive departments and agencies

that govern which programs and activities are covered by this Order,

prescribe government-wide criteria and government-wide minimum due

process procedures, and set forth other related details for the

effective administration of the guidelines.

Sec. 7. The Director of the Office of Management and Budget shall

report to the President within three years of the date of this Order on

Federal agency compliance with the Order, including the number of

exceptions made under Section 2(c), and shall make such recommendations

as are appropriate further to curb fraud, waste, and abuse.

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:

Section 1. Definitions. For purposes of this order:

\(a\) \`\`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.

Sec. 2. Governmentwide Effect.

\(a\) 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.

Sec. 3. Implementation.

\(a\) 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.