Executive Orders & Government Acts

Question 1

Executive Order 12372

Answer 1

“Intergovernmental Review of Federal Programs” was issued with the desire to foster the intergovernmental partnership and strengthen federalism by relying on State and local processes for the coordination and review of proposed Federal financial assistance and direct Federal development.

Question 2

Title VI

Answer 2

Title VI of the Civil Rights Act of 1964

42 U.S.C. § 2000d-1
Title VI prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.

Question 3

Title VIII

Answer 3

Fair Housing Act

42 U.S.C. §§ 3601-19
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex (including gender identity and sexual orientation), familial status, national origin, and disability. It also requires that all federal programs relating to housing and urban development be administered in a manner that affirmatively furthers fair housing.

Question 4

Title IX

Answer 4

Title IX of the Education Amendments Act of 1972

20 U.S.C. §§ 1681-83, 1685-88
Title IX prohibits discrimination on the basis of sex (including gender identity and sexual orientation) in any education programs and activities that receive federal financial assistance. HUD enforces Title IX when it relates to housing affiliated with an educational institution.

Question 5

Davis Bacon Act

Answer 5

The Davis-Bacon and Related Acts, apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The Davis-Bacon Act applies to contractors and subcontractors performing work on federal or District of Columbia contracts. The Davis-Bacon Act prevailing wage provisions apply to the “Related Acts,” under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance.

For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to DBA-covered contracts.

Question 6

Copeland Act

Answer 6

Copeland “Anit-kickback” Act

The Copeland Act’s Anti-Kickback provision prohibits contractors and subcontractors performing work on covered contracts from in any way inducing an employee to give up any part of the compensation to which he or she is entitled. The Copeland Act and implementing regulations also require contractors and subcontractors performing on covered contracts to pay their employees on a weekly basis and in cash or a negotiable instrument payable on demand and to submit weekly payroll reports of the wages paid to their laborers and mechanics during the preceding payroll period. Additionally, the Act’s regulations at 29 CFR §§ 3.5 and 3.6 list payroll deductions that are permissible without the approval of DOL and those deductions that require consent of DOL and prohibit all other payroll deductions.

Question 7

Hatch Act

Answer 7

The Hatch Act of 1939, An Act to Prevent Pernicious Political Activities, is a United States federal law. Its main provision prohibits civil service employees in the executive branch of the federal gover.nment, except the president and vice president, from engaging in some forms of political activity.

Question 8

Intergovernmental Personnel Act (IPA) Mobility Program

Answer 8

The Intergovernmental Personnel Act (IPA) Mobility Program enables a feasible and convenient exchange of skilled personnel between government and non-government institutions, such as accredited universities and non-profit organizations.

Under an IPA, NIH can temporarily assign employees to outside organizations and institutions. This provides the NIH employee with experience in and knowledge of the assignment environment. The receiving organization benefits from the competencies and experience of the NIH employee.

IPA agreements also allow NIH to receive employees from outside organizations on a temporary basis. By accepting employees from outside the government, NIH is able to:

Assist in the transfer and use of new technologies;
attract and use difficult to obtain talent; and
give valued experience that will increase the assignee’s and the home institution’s future effectiveness when working with NIH.

Question 9

Federal Acquisition Regulation

Answer 9

The Federal Acquisition Regulation (FAR) is the primary regulation for use by all executive agencies in their acquisition of supplies and services with appropriated funds.

The FAR also contains standard solicitation provisions and contract clauses and the various agency FAR supplements.

The Department of Defense (DoD), GSA, and the National Aeronautics and Space Administration (NASA) jointly issue the FAR.

Question 10

Title 48 of Code of Federal Regulations

Answer 10

Federal Acquisition Regulations System

Question 11

DFARS

Answer 11

The DFARS stands for Defense Federal Acquisition Regulation System. This is essentially. the same as the FAR except specifically geared towards Department of Defense contracts. It will be used in addition to the FAR if a vendor is going to be working with a defense agency.

Question 12

Morrill Act of 1862

Answer 12

Land grant college act of 1862, or Morrill Act, Act of the U.S. Congress (1862), provided grants of land to states to finance the establishment of colleges specializing in agriculture and mechanic arts.

Question 13

Buy American Act

Answer 13

The Buy American Act passed in 1933 by Congress and signed by President Hoover on his last full day in office, required the United States government to prefer U.S.-made products in its purchases.

Applies to all purchases over the micro- purchase threshold ($10k)

Waived in 3 circumstances -

1. Not in public interest
2. Not avail in U.S.
3. Cost of buying in U.S. is unreasonable

Relevance to Research Administration -
ARRA - The American Recovery and Reinvestment Act (ARRA) was a massive round of federal spending intended to create new jobs and recover jobs lost in the Great Recession of 2008. This government spending was to compensate for a slowdown in private investment in that year.

Question 14

Walsh-Healy Public Contracts Act of 1936

Answer 14

The Walsh–Healey Public Contracts Act of 1936 (41 USC §§6501-6511) is a United States labor law, passed as part of the New Deal. It is a law on basic labor rights for U.S. government contracts. It was intended to improve labor standards.

The Walsh-Healey Act that applies to U.S. government contracts exceeding $15,000 for the manufacturing or furnishing of goods. Walsh-Healey establishes overtime pay for hours worked by contractor employees in excess of 40 hours per week, and sets the minimum wage equal to the prevailing wage as determined by the Secretary of Labor.

The law prohibits the employment of youths less than 16 years of age and convicts (only those currently in prison), except under certain conditions.[1]

The Act sets standards for the use of convict labor, and job health and safety standards. The Walsh-Healey Act does not apply to commercial items.

Question 15

Animal Welfare Act (AWA) 1966

Answer 15

The 1966 act set minimum standards for the handling, sale, and transport of cats, dogs, nonhuman primates, rabbits, hamsters, and guinea pigs held by animal dealers or pre-research in laboratories.

It vests authority to USDA to set regulations. These regulations set forth specifics about items such as space, temperature, and the Institutional Animal Care and Use Committee (IACUC) to oversee animal use protocols and monitor animal care and use.

The definition of “animal” in the AWA is limited to warm-blooded animals, and excludes laboratory rats, laboratory mice, birds and livestock species used in agriculture research.

Relevance to Research Admin -
Provides the foundation for the care and use of animals in research

Question 16

National Research Act of 1974

Answer 16

Created in light of the Tuskeegee Experiment

Established the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research .

The Commission identified basic principles of research conduct and suggested ways to ensure those principles were followed.

The Commission produced many findings including the BELMONT REPORT in 1978.

Relevance to Research Admin -
The Belmont Report and other findings of the commission form the basis of ethical research using human beings

Question 17

Belmont Report

Answer 17

The Belmont Report is one of the leading works concerning ethics and health care research. Its primary purpose is to protect subjects and participants in clinical trials or research studies.

This report consists of 3 principles: beneficence, justice, and respect for persons.

Question 18

Federal Grant and Cooperative Agreement Act of 1977

Answer 18

The Federal Grant and Cooperative Agreement Act set out to guide government agencies in their use of Federal funds – particularly by distinguishing between contracts, cooperative agreements and grants.

Contracts, the law states, are awarded when a Federal agency is acquiring something – a service, for example. Both grants and cooperative agreements are awarded when a Federal agency is providing assistance – the latter occurring when substantial involvement by the agency is anticipated.

Question 19

Foreign Corrupt Practices Act of 1977

Answer 19

The Foreign Corrupt Practices Act of 1977 (FCPA) (15 U.S.C. § 78dd-1, et seq.) is a United States federal law that prohibits U.S. citizens and entities from bribing foreign government officials to benefit their business interests.[1]

Question 20

International Air Transportation Competition Act of 1979 (Fly America Act)

Answer 20

The Fly America Act is a federal regulation that requires the use of U.S. carriers for travel that will be reimbursed from federal grants and contracts. Travelers who will be reimbursed from federal grants and contracts can also use foreign air carriers with code-sharing agreements with U.S. flag carriers.

Question 21

Bayh-Doyle Act of 1980

Answer 21

Formerly known as the Patent and Trademark Law Amendments Act of 1980.

The Bayh-Dole Act is a federal law enacted in 1980 that enables universities, nonprofit research institutions and small businesses to own, patent and commercialize inventions developed under federally funded research programs within their organizations

Question 22

Inspector General Act of 1978

Answer 22

The Inspector General Act of 1978, as amended (IG Act), establishes the responsibilities and duties of an Inspector General. In brief, the IG Act grants the OIG the authority to:

• determine which audits, investigations, inspections, and reviews are necessary and issue reports
• recommending corrective actions without improper interference from agency heads
• receive full access to all records and materials available to the agency
• issue administrative subpoenas to nonfederal entities
• exercise law enforcement authority
• receive employee and other complaints
• refer criminal and civil matters to the United States Attorney General
• hire employees, experts, and consultants and procure necessary equipment and services
• obtain assistance from other agencies, including federal, state, and local governments

Question 23

Health Research Extension Act of 1985 (HREA)

Answer 23

It directs the Secretary of Health and Human Services to establish guidelines for the proper care and treatment of animals used in research, and for the organization and operation of animal care committees.

Question 24

Federal Debt Collection Procedure Act of 1990

Answer 24

Establishes a uniform, nationwide system of civil procedures to facilitate the collection of debts owed to the United States. Allows U.S. Attorneys to reach all pending claims for debts owed to the United States, as well as any judgment on a debt going back ten years.

Question 25

Paperwork Reduction Act of 1995

Answer 25

The Paperwork Reduction Act (PRA) was enacted to minimize the paperwork burden for individuals; small businesses; educational and nonprofit institutions; Federal contractors; State, local and tribal governments; and other persons resulting from the collection of information by or for the federal government.

The Act generally provides that every federal agency must obtain approval from the Office of Management and Budget (OMB)EXITEXIT EPA WEBSITE before using identical questions to collect information from 10 or more persons. If EPA decides to gather information, we must prepare an Information Collection Request (ICR), which:

Describes the information to be collected,
Gives the reason the information is needed, and
Estimates the time and cost for the public to answer the request.

After reviewing the request, OMB may approve or disapprove the ICR, or define conditions that must be met for approval. Examples of information collections include surveys, permits, questionnaires, and reports.

Question 26

Federal Financial Assistance Management Improvement Act of 1999

Answer 26

Public Law 106-107

The purposes of this law are to:

Improve the effectiveness and performance of Federal grant programs, simplify grant application and reporting requirements, improve the delivery of services to the public, and facilitate greater coordination among those responsible for delivering such services.

NSF received an exemption from this law because they already had their own electronic system in place

Relevance to Research Admin:
This act provided the framework for the creation of a single portal for applying for grants (e.g. grants.gov)

Question 27

Sarbanes Oxley (SOX) Act of 2002

Answer 27

The Sarbanes-Oxley Act (SOX) is a federal act passed in 2002 with bipartisan congressional support to improve auditing and public disclosure in response to several accounting scandals in the early-2000s.

The law was enacted as a reaction to a number of major corporate and accounting scandals, including Enron and WorldCom.

Key outcomes:

• Board accountability and oversight
• Financial Reporting
• Whistleblowing (this section of SOX allowed for a clear federal standard, as opposed to state laws and the outdated 1989 Whistleblower Act and the 1986 False Claims Act)
• Policy & Procedures

Question 28

Federal Funding Accountability and Transparency Act (FFATA) of 2006

Answer 28

The intention of Federal Funding Accountability and Transparency Act (FFATA) is to empower every American with the ability to hold the government accountable for each spending decision, with the end result to reduce wasteful spending in the government.

FFATA legislation requires information on federal awards be made available to the public including grants, cooperative agreements and other forms of financial assistance.

Requires prime to report subaward dollars in FFATA system if sun is more than $25k

The website, USAspending.gov, initially contained Federal award data published by the Office of Management and Budget (OMB). Under the OMB’s guidance in 2010, recipients of Federal awards were required to begin reporting data using the FFATA Subaward Reporting System (FSRS) tool.

Question 29

America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Sciences (COMPETES) Act of 2007

Answer 29

Enabled a broad assessment of the state of innovation for the nation and how the government is supporting STEM education.

The act emphasizes the value of research experience for undergraduates as tools to promote careers in STEM disciplines.

It mandates that agencies cooperate with its partner agencies and offices and identifies the value of high-risk, high-reward research.

Question 30

American Recovery and Reinvestment Act (ARRA)

Answer 30

The American Recovery and Reinvestment Act of 2009, nicknamed the Recovery Act, was a stimulus package intended to create jobs and promote consumer spending during the 2008 recession.

It was enacted by the 111th U.S. Congress and signed into law by President Barack Obama in February 2009.

Funds were intended to be expended by end of FY10, but ARRA funds were disbursed until all funds were exhausted in FY15.

Increased # of funding opps put out by the gov; mandatory quarterly reporting for these awards

Question 31

Solomon Amendment

Answer 31

The 1996 Solomon Amendment is the popular name of 10 U.S.C. § 983, a United States federal law that allows the Secretary of Defense to deny federal grants (including research grants) to institutions of higher education if they prohibit or prevent ROTC or military recruitment on campus.

Question 32

Stevens Amendment

Answer 32

Beginning in 1989, the United States Department of Health and Human Services’ (HHS) annual appropriations included a provision known as the “Stevens Amendment” to ensure transparency and accountability in federal spending.

The Stevens Amendment requires all HHS grant and cooperative agreement recipients to acknowledge federal funding when publicly communicating projects or programs funded through the HHS annual appropriation.

Question 33

Freedom of Information Act (FOIA)

Answer 33

a federal freedom of information law that requires the full or partial disclosure of previously unreleased information and documents controlled by the United States government upon request.

Info released -

• Application info after award is made
• NOA info
• interim and final rpprs
• expenditure reports

Not released -

• pending or unfunded applications
• specific financial info
• proprietary info

Question 34

Byrd Act

Answer 34

The Continued Dumping and Subsidy Offset Act (CDSOA), commonly known as the “Byrd Amendment,” is a U.S. law providing for the distribution of import duties collected as a result of antidumping (AD) or countervailing duty (CVD) orders to petitioners and other interested parties in the investigations that resulted in the orders.

Question 35

How are Acts of Congress Enforced?

Answer 35

1. An act is adopted by a majority in Congress
2. Acts are promulgated when the President signs them
3. Federal agencies enforce the acts

Question 36

Differences between Animal Welfare Act (AWA) and Health Research Extension Act (HREA):

Answer 36

Animal Welfare Act:

• Vests regulatory authority in the USDA (APHIS)
• Species specific
• Covered species may be dead or alive
• Applies for: research, testing, experimentation, exhibition purposes, as a pet
• Excludes: livestock research for breeding, management, production efficiency, feed quality

Health Research Extension Act (HREA)

• Vests regulatory authority in the PHS (OLAW)
• Not species specific
• Animals must be live
• Applies for: research, research training, experimentation, biological testing

Question 37

Acts of Congress that deal with acquisition (contracts):

Answer 37

Davis-Bacon Act (1931)
- The Davis-Bacon Act requires all contractors and subcontractors working on fed CONSTRUCTION contracts in excess of $2,000 to pay their laborers and mechanics the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area.

Copeland Anti-Kickback Law (1934)
- The Copeland Anti-Kickback Law prohibits a contractor or subcontractor from inducing an employee to give up any part of the compensation he/she is entitled to as part of their condition of employment. It applies to contractors and subcontractors on federally funded projects in excess of $2,000.

Walsh-Healy Public Contracts Act of 1936
= The Walsh-Healy Public Contracts Act establishes a minimum wage, maximum hours, and safety/health standards for work on contracts in excess of $10k. Workers must be paid not less than the Fair Labor Standards Act (FLSA) federal minimum wage and overtime pay of at least one and one-half times the worker’s regular rate of pay for all hours worked in excess of 40 in a work week.

The Federal Grant and Cooperative Agreement Act of 1974
- Passed to ensure Agency uniformity in determining how to define funding mechanisms (grant vs. contracts) and to establish definitions for acquisition (contracts) and assistance (grants).

Question 38

Acts of Congress that apply to international subcontracts

Answer 38

The Foreign Corrupt Practices Act of 1977
- Made it unlawful for Americans or American entities to make a payment to a foreign official for the purpose of retaining business.

The Federal Debt Collection Procedure Act of 1990
- Provides that an organization indebted to the U.S. government and has a judgement lien against it is ineligible to receive federal assistance.

Question 39

Acts of Congress that apply to audits

Answer 39

Inspector General Act of 1984
- Established IGs to conduct audits and investigations at USDA, Commerce, HUD, Interior, Labor, DoT, Community Svcs Administration, EPA, GSA, NASA, the Small Business Admin, and the VA.

Single Audit Act of 1984

• Required state and local governments to have a single audit conducted at least once every two years.
• OMB-133 covers universities and non-profit orgs

Question 40

Established within OMB to provide leadership oversight of gov wide efforts to reduce burden of unnecessary paperwork

Any fed funded grant cannot ask for technical or financial reports more than quarterly

Led to office of info and reg affairs

Answer 40

Paperwork Reduction Act of 1995

Question 41

2018 national defense authorization act (ndaa)

Answer 41

• increased micro-purchase threshold to $10k

- items purchased below this increased threshold = simplified acquisition procedures

Question 42

The America COMPETES Act

Answer 42

NSF requirement to have all final project reports and published research docs to the public in a timely manner