Current through October 31, 2024
Section 170.105 - Applicability(a)Applicability in general. This part applies to a Federal agency's Federal financial assistance as defined in § 170.300 . This part applies to all recipients and subrecipients of Federal awards who meet the reporting requirements of paragraph (c) of this section, unless exempt under Federal statute or by paragraph (d) of this section.(b)Non-applicability to individuals. This part does not apply to an individual who applies for or receives Federal financial assistance as a natural person (that is, unrelated to any business or nonprofit organization an individual owns or operates).(c)Reporting Requirements.(1) The names and total compensation of an entity's five most highly compensated executives must be reported if:(i) In the entity's preceding fiscal year, it received: (A) 80 percent or more of its annual gross revenue in Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act, as defined at § 170.300 ; and(B) $25,000,000 or more in annual gross revenue from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act, as defined at § 170.300 ; and(ii) The public does not have access to information about the compensation of senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) , 78o(d) ) or section 6104 of the Internal Revenue Code of 1986.(d)Class exceptions. OMB may approve additional exceptions for classes of Federal awards or recipients when not prohibited by Federal statute. 85 FR 49525 , 11/12/2020; 89 FR 30111 , 10/1/2024