Res 2010-133 - Laserfiche WebLink

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4. Effect of Judgment Lien on Eligibility for Federal Grants, Loans, or Programs. Pursuant to 28 U.S.C. § 3201(e), unless waived by DOC, a debtor who has a judgment lien against the debtor's property for a debt to the United States shall not be eligible to receive any grant or loan that is made, insured, guaranteed, or financed directly or indirectly by the U.S. or to receive funds directly from the Federal Government in any program, except funds to which the debtor is entitled as beneficiary, until the judgment is paid in full or otherwise satisfied. H. Name Check Reviews. 1. Name Check Requirement. A name check review will be performed by the OIG on key individuals associated with nonprofit organization applicants, unless: (a) the proposed award amount is $100,000 or less; (b) the applicant has been a Recipient of financial assistance from the Department for three or more consecutive years without any adverse programmatic or audit finding; or (c) the applicant is a unit of a State or local government. See "Department of Commerce Pre -Award Notification Requirements for Grants and Cooperative Agreements" (69 Fed. Reg. 78389, December 30, 2004). 2. Exemptions. The following individuals who are acting on behalf of their respective entities in applying for assistance are exempt from the name check review process: a. Officials of State and local governments; b. Officials of accredited colleges and universities; and c. Officials of economic development districts designated by EDA, including those entities whose designations are pending. 3. Results of Name Checks. EDA reserves the right to take any of the actions described in section HA. below if any of the following occurs as a result of the name check review: a. A key individual fails to submit the required Form CD -346, "Applicant for Funding Assistance;" b. A key individual makes an incorrect statement or omits a material fact on Form CD -346; or c. The name check reveals significant adverse findings that reflect on the business integrity or responsibility of the applicant and /or key individual. 4. Action(s) Taken as a Result of Name Check Review. If any situation listed in section H.3. above occurs, the Department, at its discretion, may take one or more of the following actions: a. Consider suspension or termination of the Award; b. Require the removal of any key individual from association with the management or implementation of the Award; or c. Make appropriate provisions or revisions as needed (in the special award conditions to the Award) with respect to the method of payment and /or financial reporting requirements. 21