ATTACHMENT 6: NATIONAL POLICY ASSURANCES 1. Nondiscrimination - By signing or accepting funds under the agreement, the recipient agrees that it will comply with applicable provisions of the following national policies prohibiting discrimination: Description: Applies to: Required by: Additional Requirements: Discrimination on the basis of race, color, or national origin Grants, cooperative agreements, and subawards defined at 2 C.F.R. §§ 200.51, 200.24 and 200.92 respectively 10 C.F.R. Part 1040; Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. Requirements flow down to subawards (10 C.F.R. §§ 1040.83 & 89-2) Discrimination on the basis of race, color, religion, sex, or national origin against any person employed by or seeking employment with Government contractors or contractors performing under Federally assisted construction contracts Grants, cooperative agreements, and any award defined at 41 C.F.R. § 60-1.3 as a “Federally assisted construction contract” Part III of Exec. Order No. 11,246, 30 Fed. Reg. 12,319, 12,935 (Sept. 24, 1965) (“Equal Employment Opportunity”) Requirements flow down to subawards (10 C.F.R. §§ 1040.83 & 89-2) Discrimination on the basis of sex or blindness Federal financial assistance (10 C.F.R. §§ 1040.2 & 1040.3) 10 C.F.R. 1040-1042; Section 401 of the Energy Reorganization Act of 1974, 42 U.S.C. § 5891; Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681-1688 Requirements flow down to subawards (10 C.F.R. §§ 1040.83 & 89-2)
after October 1, 2009 (Exec. Order No. 13,513) 7. National Security - By signing and/or accepting funds under the DOE funding agreement, the recipient agrees that it will comply with the following national security laws, regulations, policies, and requirements: Description: Applies to: Required by: Additional Requirements: Cooperation with the Government in blocking and prohibiting transactions with persons who commit, threaten to commit, or support terrorism Entities who assist in, sponsor, or provide financial, material, or technological support for, or financial or services to or in support of terrorists or terrorist actions Exec. Order No. 13,224; 66 Fed. Reg. 49,079 (Sept. 23, 2001) (“Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”) Use of a uniform system for classifying, safeguarding, and declassifying national security information Government employees, contractors, licensees, and grantees (32 C.F.R. § 2001.1) Exec. Order No. 13,526; 75 Fed. Reg. 707 (Dec. 29, 2009) (“Classified National Security Information”), as implemented by 32 C.F.R. Parts 2001 & 2003 Registration with the Center for Disease Control or U.S. Department of Agriculture before using select agents and toxins for research or storage Research with or storage of select agents and toxins 7 C.F.R. Part 331; 9 C.F.R. Part 121; 42 C.F.R. Part 73 8. Domestic Preference - By signing and/or accepting funds under the DOE funding agreement, the recipient agrees that activities under the funding agreement will be conducted in accordance with the following domestic preference laws, regulations, and policies: Description: Applies to: Required by: Additional Requirements: At least fifty (50) percent of equipment, materials, or commodities procured and transferred by ocean vessel must Grants, cooperative agreements, and subawards defined at 2 C.F.R. §§ 200.51, 200.24 and 200.92 respectively Preference Act, 46 U.S.C. § 55305; 46 C.F.R. § 381.7 Requirements flow down to subawards (46 C.F.R. § 381.7)
Prime recipients must register with the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) and report to FSRS the names and total compensation of each of the prime recipient’s five most highly compensated executives and the names and total compensation of each subrecipient’s five most highly compensated executives Grants, cooperative agreements, loans, and other forms of Federal financial assistance subject to the Federal Funding Accountability and Transparency Act, as defined at 2 C.F.R. 170.320 (2 C.F.R. § 170.105) 31 U.S.C. § 6101 note); 2 C.F.R. Part 170 The Paperwork Reduction Act Grants, cooperative agreements, and subawards defined at 2 C.F.R. §§ 200.51, 200.24 and 200.92 respectively Paperwork Reduction Act, 44 U.S.C. § 3501 et seq. Requirements flow down to subawards (2 C.F.R § 200.101(b)(1)) Prohibition on knowingly presenting, or causing the presentation of, a false or fraudulent claim for payment or approval to an officer or employee of the U.S. Government Any person (as defined at 10 C.F.R. § 1013.2) who makes a false or fraudulent claim (as that term is defined at 10 C.F.R. § 1013.2) for payment or approval to an officer or employee of the U.S. Government 10 C.F.R. § 1013; Civil False Claims Act, 31 U.S.C. § 3729(a); Criminal False Claims Act, 18 U.S.C. § 287; 18 U.S.C. § 1001; False Claims Act, 31 U.S.C. §§ 3729-33; Program Fraud and Civil Remedies Act, 31 U.S.C. § 3801 et seq.