Debarment and Suspension Provisions Applicable to Federal Grant Programs (CRS Report for Congress)
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| Release Date |
March 24, 2010 |
| Report Number |
R40993 |
| Report Type |
Report |
| Authors |
Carol J. Toland, Legislative Attorney |
| Source Agency |
Congressional Research Service |
Summary:
Federal agencies have general authority to debar or suspend persons from participating in federal grant programs and other nonprocurement transactions. Grounds for debarment of a federal grantee include criminal or civil convictions for various crimes including fraud, embezzlement, theft, bribery, tax evasion, and making up false claims, among others, as well as other causes indicating a person is not "presently responsible" as a federal grantee. Debarment and suspension in the context of federal grant programs is described in each agency's regulations, and such provisions may vary for individual programs depending upon the grant program's authorizing statute. Executive Order 12549, issued by President Ronald Reagan, directed the Office of Management and Budget (OMB) to issue government-wide criteria for debarment and suspension in federal grants and further directed executive departments and agencies to issue regulations consistent with OMB's guidelines. OMB's government-wide guidelines may be found at 2 C.F.R. Part 180. The issue of debarment and suspension for federal grant recipients is particularly timely given Congress's interest in the activities of the Association of Community Organizations for Reform Now ("ACORN") and its affiliates. Title VI of H.R. 3221, which was passed by the House in September of 2009, barred certain organizations (including ACORN) from receiving federal grants and contracts under certain circumstances, such as an indictment for a violation of various campaign finance or election laws. This legislation, along with similar legislative vehicles, prompted interest in the current status of debarment and suspension in the context of federal grant programs. This report discusses the background of debarment and suspension for federal grant programs, the specific rules established by OMB, and related legislation and activities in the 111th Congress.
