|
Executive Order 12549
[3 CFR 1986 Comp., p. 189]
Debarment and Suspension
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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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, end abuse.
THE WHITE HOUSE, February 18, 1986.
Top of Page
|