[Federal Register Volume 59, Number 243 (Tuesday, December 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30996]
[[Page Unknown]]
[Federal Register: December 20, 1994]
_______________________________________________________________________
Part III
Nonprocurement Debarment and Suspension and Federal Acquisition
Regulation; Debarment, Suspension, and Ineligibility (Ethics); Proposed
Rules
_______________________________________________________________________
(continued)
Office of Personnel Management
Department of Agriculture
Department of Energy
Small Business Administration
National Aeronautics and Space Administration
Department of Commerce
Office of National Drug Control Policy
Department of State
International Development Cooperation Agency
Agency for International Development
Peace Corps
United States Information Agency
Inter-American Foundation
African Development Foundation
Department of Housing and Urban Development
Department of Justice
Department of Labor
Federal Mediation and Conciliation Service
Department of the Treasury
Department of Defense
Department of Education
National Archives and Records Administration
Department of Veterans Affairs
Environmental Protection Agency
General Services Administration
Department of the Interior
Federal Emergency Management Agency
Department of Health and Human Services
National Science Foundation
National Foundation on the Arts and the Humanities
National Endowment for the Arts
National Endowment for the Humanities
Institute of Museum Services
Corporation for National and Community Service
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 970
DEPARTMENT OF AGRICULTURE
7 CFR Part 3017
DEPARTMENT OF ENERGY
10 CFR Part 1036
SMALL BUSINESS ADMINISTRATION
13 CFR Part 145
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1265
DEPARTMENT OF COMMERCE
15 CFR Part 26
OFFICE OF NATIONAL DRUG CONTROL POLICY
21 CFR Part 1404
DEPARTMENT OF STATE
22 CFR Part 137
INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Agency for International Development
22 CFR Part 208
PEACE CORPS
22 CFR Part 310
UNITED STATES INFORMATION AGENCY
22 CFR Part 513
INTER-AMERICAN FOUNDATION
22 CFR Part 1006
AFRICAN DEVELOPMENT FOUNDATION
22 CFR Part 1508
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 24
DEPARTMENT OF JUSTICE
28 CFR Part 67
DEPARTMENT OF LABOR
29 CFR Part 98
FEDERAL MEDIATION AND CONCILIATION SERVICE
29 CFR Part 1471
DEPARTMENT OF THE TREASURY
31 CFR Part 19
DEPARTMENT OF DEFENSE
32 CFR Part 25
DEPARTMENT OF EDUCATION
34 CFR Part 85
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1209
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 44
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 32
GENERAL SERVICES ADMINISTRATION
41 CFR Part 105-68
DEPARTMENT OF THE INTERIOR
43 CFR Part 12
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 17
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 76
NATIONAL SCIENCE FOUNDATION
45 CFR Part 620
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Part 1154
National Endowment for the Humanities
45 CFR Part 1169
Institute of Museum Services
45 CFR Part 1185
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2542
Nonprocurement Debarment and Suspension
AGENCIES: Department of Agriculture; Department of Commerce; Department
of Defense; Department of Education; Department of Energy; Department
of Health and Human Services; Department of Housing and Urban
Development; Department of the Interior; Department of Justice;
Department of Labor; Department of State; Department of the Treasury;
Department of Veterans Affairs; African Development Foundation; Agency
for International Development, IDCA; Corporation for National and
Community Service; Environmental Protection Agency; Federal Emergency
Management Agency; Federal Mediation and Conciliation Service; General
Services Administration; Institute of Museum Services, NFAH; Inter-
American Foundation; National Aeronautics and Space Administration;
National Archives and Records Administration; National Endowment for
the Arts, NFAH; National Endowment for the Humanities, NFAH; National
Science Foundation; Office of National Drug Control Policy; Office of
Personnel Management; Peace Corps; Small Business Administration;
United States Information Agency.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposed revision to the nonprocurement common rule is
issued in response to Executive Order 12689 and section 2455 of the
Federal Acquisition Streamlining Act of 1994. E.O. 12689 requires
agencies to establish regulations for reciprocal governmentwide effect
across procurement and nonprocurement for each agency's debarment and
suspension actions, after technical differences between the procurement
and nonprocurement regulations governing debarments and suspensions are
resolved. Section 2455 provides that the debarment, suspension, or
other exclusion of a participant in a procurement activity under the
Federal Acquisition Regulation, or in a nonprocurement activity under
regulations issued pursuant to Executive Order 12549, shall be given
reciprocal governmentwide effect.
DATES: Comments must be received on or before February 21, 1995 in
order to be assured of consideration.
ADDRESSES: Persons wishing to submit comments on this notice of
proposed rulemaking should send them to Robert Meunier, Director,
Suspension and Debarment Division, Office of Grants and Debarment, Mail
Code 3902F, Environmental Protection Agency, 401 ``M'' Street S.W.,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: See preambles of the individual
agencies below.
SUPPLEMENTARY INFORMATION: As part of the Federal Government's
initiatives to curb fraud, waste, and abuse, on February 18, 1986,
President Reagan signed Executive Order (E.O.) 12549, ``Debarment and
Suspension.'' E.O. 12549 established governmentwide effect for an
agency's nonprocurement debarment and suspension actions.
Section 6 of E.O. 12549 directed the Office of Management and
Budget (OMB) to issue guidelines governing implementation of the Order,
and section 3 of the Order directed the departments and agencies to
promulgate final rules, consistent with these guidelines. On May 26,
1988, 27 agencies issued a final common rule (53 FR 19161-19211),
consistent with OMB guidelines. On January 30, 1989, six more agencies
co-signed the final common rule (54 FR 4722-4735). On November 27, 1992
and May 17, 1993, two more agencies co-signed the final common rule (57
FR 56262 and 58 FR 28759). On April 4, 1994, the functions of ACTION
were transferred to the Corporation for National and Community Service.
Each agency's codification of the common rule appears in its volume of
the Code of Federal Regulations. The Federal Home Loan Bank Board,
which participated in the initial rulemaking, no longer exists. On June
30, 1992, the Commission on the Bicentennial of the United States
Constitution closed and thus will not participate in this proposed
rulemaking. Section 4 of E.O. 12549 established the Interagency
Committee on Debarment and Suspension (the Interagency Committee).
On August 16, 1989, President Bush signed E.O. 12689, ``Debarment
and Suspension.'' E.O. 12689 requires agencies to establish regulations
providing for reciprocal governmentwide effect across procurement and
nonprocurement for each agency's debarment and suspension actions,
after technical differences between the procurement and nonprocurement
regulations governing debarments and suspensions are resolved.
President Clinton signed Public Law 103-355, the Federal
Acquisition Streamlining Act of 1994 on October 13, 1994. Section 2455
of that Act provides that the debarment, suspension, or other exclusion
of a participant in a procurement activity under the Federal
Acquisition Regulation, or in a nonprocurement activity under
regulations issued pursuant to E.O. 12549, shall be given reciprocal
governmentwide effect. Thus, these proposed regulations would implement
both E.O. 12689 and section 2455 of Pub. L. 103-355.
The Interagency Committee established three subcommittees that
identified issues and made recommendations for consideration by the
full Interagency Committee. The matters addressed by the three
subcommittees were technical differences between the procurement and
nonprocurement rules, automation issues, and nonprocurement scope. In
1989, the Interagency Committee presented recommendations to the
agencies participating in this rulemaking action. The agencies
considered these proposed changes and concluded that the initial
recommendations addressed more issues than necessary to implement the
Executive Order. As a result, representatives of the participating
agencies reconsidered their initial recommendations and determined that
very few technical differences needed to be resolved to obtain
reciprocity between the procurement and nonprocurement rules. The
determinations of the agency representatives are incorporated in this
notice of proposed rulemaking.
Section 3 of E.O. 12689 directed the agencies to simultaneously
publish proposed rules within six months after resolution of
differences between the procurement and nonprocurement rules and to
publish final regulations within 12 months after publication of the
proposed rules. The Federal Acquisition Regulation provisions governing
debarments and suspensions are also being published for comment today.
In order to focus commenters' attention on the changes that are
proposed for the nonprocurement debarment and suspension rule, the
agencies participating in this proposed rulemaking--all but the
Department of Transportation which did not complete clearance of this
proposed rule--have decided to publish the text of only those portions
of the common rule that are affected by changes proposed by the
Interagency Committee, rather than publishing the complete text of the
common rule. Comments are sought on only those portions of the common
rule that are proposed for amendment in this document.
In addition to the amendments discussed below, the agencies propose
to make minor technical changes to correct spelling errors and other
nonsubstantive errors in the printing of the common rule.
Section-by-Section Analysis
Subpart A.
Section ________.100, Purpose.
The agencies participating in this rulemaking action propose to
amend Sec. ________.100, Purpose, to reflect the E.O. 12689 requirement
that both procurement and nonprocurement debarment and suspension
actions have governmentwide effect across procurement and
nonprocurement programs and activities.
Section ________.105, Definitions.
Under Sec. ________.105 as proposed for amendment, the definition
of the nonprocurement list would be replaced by a new definition for a
``List of Parties Excluded from Federal Procurement and Nonprocurement
Programs.'' The List will integrate all procurement and nonprocurement
debarments, suspensions, and other exclusionary actions.
The definitions section also contains proposed technical amendments
to implement E.O. 12689 and to correct printing errors in the initial
publication of the common rule.
Section ________.110, Coverage.
Section ________.110(c) would be amended to provide for reciprocity
between nonprocurement and procurement debarment and suspension
actions. Under the reciprocity rule, every Executive Branch agency
would have to give effect not only to exclusionary actions of other
Federal agencies under the common rule but also to debarments,
suspensions, proposed debarments or other governmentwide exclusions
imposed under the Federal Acquisition Regulation after the effective
date of the common rule reciprocity amendments. Thus, for example, once
an agency has proposed for debarment an entity under the FAR, no other
executive agency could enter into a covered transaction with that
entity nor could a primary tier recipient enter into a lower tier
covered transaction with that entity.
Section ________.225, Failure to adhere to restrictions.
Section ________.225 would be amended to make clear that the
prohibition against knowingly doing business under a covered
transaction with a person who is debarred or suspended also prohibits
doing business with a person proposed for debarment under the FAR.
Appendix A.
The agencies propose to amend paragraph (1)(a) of the Certification
Regarding Debarment, Suspension, and Other Responsibility Matters--
Primary Covered Transactions to ensure that it covers actions taken
under the Federal Acquisition Regulation to debar, suspend, propose for
debarment, or otherwise take a governmentwide exclusionary action.
Impact analyses
Executive Order 12866
This rule has been reviewed under Executive Order 12866. These
proposed amendments would unify two separate debarment and suspension
systems--nonprocurement and procurement--that previously existed.
Regulatory Flexibility Act of 1980
The Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) requires
that, for each rule with a ``significant economic impact on a
substantial number of small entities,'' an analysis must be prepared
describing the rule's impact on small entities, identifying any
significant alternatives to the rule that would minimize the economic
impact on the small entities.
The participating agencies certify that these proposed regulations
would not have a significant economic impact on a substantial number of
small entities.
Paperwork Reduction Act
The participating agencies certify that this proposed rule would
not impose any reporting or recordkeeping requirements under the
Paperwork Reduction Act of 1980, 44 U.S.C. Chapter 35.
Text of the Common rule
The text of the common rule as proposed for amendment in this
document appears below:
PART ________--GOVERNMENTWIDE DEBARMENT AND SUSPENSION
(NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE
WORKPLACE (GRANTS)
1. Section ________.100 is amended by redesignating paragraph (c)
as paragraph (d) and adding a new paragraph (c) to read as follows:
Sec. ________.100 Purpose.
* * * * *
(c) These regulations also implement Executive Order 12689 (3 CFR,
1989 Comp., p.235) and 31 U.S.C. 6101 note (Public Law 103-355, sec.
2455, 108 Stat. 3327) by--
(1) Providing for the inclusion in the List of Parties Excluded
from Federal Procurement and Nonprocurement Programs all persons
proposed for debarment, debarred or suspended under the Federal
Acquisition Regulation, 48 CFR part 9, subpart 9.4; persons against
which governmentwide exclusions have been entered under this Part; and
persons determined to be ineligible; and
(2) Setting forth the consequences of a debarment, suspension,
determination of ineligibility, or voluntary exclusion.
* * * * *
2. Section ________.105 is amended by adding introductory text,
removing paragraph designations for the definitions and placing them in
alphabetical order, removing the definition for ``Nonprocurement
List'', adding, in alphabetical order, a definition for ``List of
Parties Excluded from Federal Procurement and Nonprocurement
Programs'', in the definition for ``Affiliate'', after the phrase
``affiliates of each'', removing the word ``another'' and adding, in
its place, ``other'', in the definition for ``Conviction'', removing
the phrase ``A judgment of conviction'' and adding, in its place
``Judgment or conviction'', in the definition for ``Legal
proceedings'', removing ``or a State of local'' and adding, in its
place, ``or a State or local'' to read as follows:
Sec. ________. 105 Definitions.
The following definitions apply to this part:
* * * * *
List of Parties Excluded from Federal Procurement and
Nonprocurement Programs. A list compiled, maintained and distributed by
the General Services Administration (GSA) containing the names and
other information about persons who have been debarred, suspended, or
voluntarily excluded under Executive Orders 12549 and 12689 and these
regulations or 48 CFR part 9, subpart 9.4, persons who have been
proposed for debarment under 48 CFR part 9, subpart 9.4, and those
persons who have been determined to be ineligible.
* * * * *
3. Section ________.110 is amended by revising paragraph (c) to
read as follows.
Sec. ________.110 Coverage.
* * * * *
(c) Relationship to Federal procurement activities. In accordance
with E.O. 12689 and section 2455 of Public Law 103-355, any debarment,
suspension, proposed debarment or other governmentwide exclusion
imposed under the Federal Acquisition Regulations (FAR) after [the
effective date of the final rule] shall be recognized by and effective
for Executive Branch agencies and participants as an exclusion under
this regulation. Similarly, any debarment, suspension or other
governmentwide exclusion imposed under this regulation shall be
recognized by and effective for those agencies as a debarment or
suspension under the FAR.
Sec. ________.200 [Amended]
4. Section ________.200 is amended by revising the heading for
paragraph (b) to read ``Lower tier covered transactions.''.
5. Section ________.225 is revised to read as follows.
Sec. ________.225 Failure to adhere to restrictions.
(a) Except as permitted under Sec. ________.215 or
Sec. ________.220 of these regulations, a participant shall not
knowingly do business under a covered transaction with a person who
is--
(1) Debarred or suspended;
(2) Proposed for debarment under the FAR; or
(3) Ineligible for or voluntarily excluded from the covered
transaction.
(b) Violation of the restriction under paragraph (a) of this
section may result in disallowance of costs, annulment or termination
of award, issuance of a stop work order, debarment or suspension, or
other remedies as appropriate.
(c) A participant may rely upon the certification of a prospective
participant in a lower tier covered transaction that it and its
principals are not debarred, suspended, proposed for debarment under
the FAR, ineligible, or voluntarily excluded from the covered
transaction (See Appendix B of these regulations), unless it knows that
the certification is erroneous. An agency has the burden of proof that
a participant did knowingly do business with a person that filed an
erroneous certification.
Appendix A to Part ________ [Amended]
6. Appendix A to Part ______ is amended in paragraph (1)(a) of the
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters--Primary Covered Transactions by removing ``from covered
transactions''.
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OFFICE OF PERSONNEL MANAGEMENT
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 970
RIN 3206-AG51
FOR FURTHER INFORMATION CONTACT: Murray M. Meeker, Attorney, Office of
the General Counsel, (202) 606-1980.
List of Subjects in 5 CFR Part 970
Contract programs, Grant programs.
It is purposed that title 5, part 970 of the Code of Federal
Regulations be amended as follows:
Lorraine A. Green,
Deputy Director.
PART 970--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCURRENT)
1. The authority for part 970 continues to read as follows:
Authority: Executive Order 12549 (51 FR 6370-71).
Secs. 970.100, 970.105, 970.110, 970.225 and Appendix A [Amended]
2. Sections 970.100, 970.105, (except amendments to definitions for
``Affiliate'' and ``Legal proceedings''), 970.110, and 970.225 and
Appendix A to Part 970 are amended as set forth at the end of the
common preamble.
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OFFICE OF PERSONNEL MANAGEMENT
DEPARTMENT OF AGRICULTURE
7 CFR Part 3017
FOR FURTHER INFORMATION CONTACT:
Gary W. Butler, Deputy Assistant General Counsel, Office of the General
Counsel, (202) 720-2577.
List of Subjects in 7 CFR Part 3017
Contract programs, Grant programs--Agriculture, Grant
administration, Administrative practice and procedure.
It is proposed that title 7, chapter XXX of the Code of Federal
Regulations be amended as follows.
Dated: December 18, 1994.
Mike Espy,
Secretary of Agriculture.
PART 3017--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 3017 continues to read as follows:
Authority: E.O. 12549, Sec. 5151-5160 of the Drug-Free Workplace
Act of 1988 (Pub. L. No. 100-690, Title V, Subtitle D; 41 U.S.C. 701
et seq.), 5 U.S.C. 301.
Secs. 3017.100, 3017.105, 3017.110, 3017.225 and Appendix A [Amended]
2. Sections 3017.100, 3017.105 (except amendments to definitions
for ``Affiliate'' and ``Legal proceedings''), 3017.110, and 3017.225
and Appendix A to Part 3017 are amended as set forth at the end of the
common preamble.
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OFFICE OF PERSONNEL MANAGEMENT
DEPARTMENT OF ENERGY
10 CFR Part 1036
RIN 1991-AA69
FOR FURTHER INFORMATION CONTACT:
Cynthia Yee, Office of Clearance and Support, Office of Procurement and
Assistance Management, Human Resources and Administration, 202-586-
1140.
List of Subjects in 10 CFR Part 1036
Contract programs, Grant programs.
It is proposed that title 10, chapter X of the Code of Federal
Regulations be amended as follows.
Richard H. Hopf,
Deputy Assistant Secretary for Procurement and Assistance Management.
PART 1036--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 1036 is revised to read as follows:
Authority: E.O. 12689, Sec. 644 and 646, (Pub. L. 95-91, 91
Stat. 599 (42 U.S.C. 7254 and 7256).
Secs. 1036.100, 1036.105, 1036.110, 1036.200, 1036.225 and Appendix
A [Amended]
2. Sections 1036.100, 1036.105, 1036,110, 1036,200, and 1036.225
and Appendix A to Part 1036 are amended as set forth at the end of the
common preamble.
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OFFICE OF PERSONNEL MANAGEMENT
SMALL BUSINESS ADMINISTRATION
13 CFR Part 145
for further information contact: John W. Klein, Chief Counsel for
Special Programs, Office of General Counsel, U.S. Small Business
Administration, 409 3rd Street SW., Washington, DC 20416, (202) 205-
6645.
additional supplementary information: As stated in the supplementary
information to the common rule, the purpose of this proposed rule is to
give reciprocal governmentwide effect to both nonprocurement and
procurement debarment and suspension actions. SBA reads proposed
section 145.110(c) as having no effect on the exceptions from coverage
already provided for in sections 145.110(a)(2), 145.215, and 145.220.
These exemptions include SBA disaster assistance.
List of Subjects in 13 CFR Part 145
Debarment and suspension (nonprocurement), Loan programs--business,
Contract programs, Grant programs.
It is proposed that Title 13, chapter I of the Code of Federal
Regulations (CFR) be amended as follows:
PART 145--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 145 continues to read as follows:
Authority: E.O. 12549; Secs. 5151-5160 of the Drug-Free
Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41
U.S.C. 701 et seq.); 15 U.S.C. 634(b)(6).
Secs. 145.100, 145.105, 145.110, 145.200, 145.225 and Appendix
A [Amended]
2. Sections 145.100, 145.105, 145.110, 145.200, and 145.225 and
Appendix A to Part 145 are amended as set forth at the end of the
common preamble.
Dated: December 8, 1994.
John T. Spotila,
Acting Administrator.
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OFFICE OF PERSONNEL MANAGEMENT
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1265
RIN 2700-AB99
for further information contact: Thomas J. Whelan, NASA Headquarters,
Acquisition Liaison Division (Code HP), (202) 358-0475.
List of Subjects in 14 CFR Part 1265
Grants, Cooperative Agreements, Debarment and suspension
(nonprocurement).
Thomas S. Luedtke,
Deputy Associate Administrator for Procurement.
It is proposed that title 14, part 1265 of the Code of Federal
Regulations be amended as follows:
PART 1265--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 1265 is revised to read as follows:
Authority: National Aeronautics and Space Act, Pub. L. 85-568,
July 29, 1958, As Amended, Sec. 203(c)(1); Executive Order 12549.
Secs. 1265.100, 1265.105, 1265.110, 1265.225 and Appendix A [Amended]
2. Sections 1265.100, 1265.105, 1265.110, and 1265.225 and Appendix
A to Part 1265 are amended as set forth at the end of the common
preamble.
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OFFICE OF PERSONNEL MANAGEMENT
DEPARTMENT OF COMMERCE
15 CFR Part 26
RIN 0605-AA02
for further information contact: John J. Phelan, 202/482-4115.
List of Subjects in 15 CFR Part 26
Administrative practice and procedure, Grant administration, Grant
programs, Reporting and recordkeeping requirements.
It is proposed that title 15, part 26 of the Code of Federal
Regulations be amended as follows.
John J. Phelan, III,
Acting Director for Federal Assistance and Management Support.
PART 26--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority citation for part 26 is revised to read as
follows:
Authority: 5 U.S.C. 301; Sec. 5151-5160 of the Drug-Free
Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D); Sec.
2455 of the Federal Acquisition Streamlining Act of 1994 (Pub. L.
103-355); Executive Order 12549; Executive Order 12689.
Secs. 26.100, 26.105, 26.110, 26.200, 26.225 and Appendix A [Amended]
2. Sections 26.100, 26.105, 26.110, 26.200, and 26.225 and Appendix
A to part 26 are amended as set forth at the end of the common
preamble.
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OFFICE OF PERSONNEL MANAGEMENT
OFFICE OF NATIONAL DRUG CONTROL POLICY
21 CFR Part 1404
RIN 3201-ZA00
For Further Information Contact: Edward H. Jurith, General Counsel,
(202) 395-6709.
List of Subjects in 21 CFR Part 1404
Contract programs, Grant programs.
It is proposed that title 21, chapter III of the Code of Federal
Regulations be amended as follows.
Lee P. Brown,
Director.
PART 1404--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 1404 is revised to read as follows:
Authority: 5 U.S.C. 301.
Secs. 1404.100, 1404.105, 1404.110, 1404.225 and Appendix A [Amended]
2. Sections 1404.100, 1404.105, 1404.110, and 1404.225 and Appendix
A to part 1404 are amended as set forth at the end of the common
preamble.
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DEPARTMENT OF STATE
22 CFR Part 137
[Public Notice 2127]
FOR FURTHER INFORMATION CONTACT: Robert E. Lloyd, Office of the
Procurement Executive, 703-516-1690.
List of Subjects in 22 CFR Part 137
Contract programs, Grant programs.
It is proposed that title 22, chapter I of the Code of Federal
Regulations be amended as follows.
Lloyd W. Pratsch,
Procurement Executive.
PART 137--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 137 continues to read as follows:
Authority: 22 U.S.C. 2658
Secs. 137.100, 137.105, 137.110, 137.200, 137.225 and Appendix
A [Amended]
2. Sections 137.100, 137.105, 137.110, 137.200, and 137.225 and
Appendix A to Part 137 are amended as set forth at the end of the
common preamble.
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INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Agency for International Development
22 CFR Part 208
RIN 0412-AA-24
FOR FURTHER INFORMATION CONTACT: Kathleen J. O'Hara, M/OP/P, Telephone
(703) 875-1534.
List of Subjects in 22 CFR Part 208
Administrative practice and procedures, Contract programs, Grant
programs--foreign relations, Grant programs, Loan programs--foreign
relations.
It is proposed that title 22, chapter II of the Code of Federal
Regulations be amended as follows:
Michael D. Sherwin,
Deputy Assistant Administrator for Management.
PART 208--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for Part 208 is revised to read as follows:
Authority: Executive Order 12549, Section 621, Foreign
Assistance Act of 1961, 22 U.S.C. 2381.
Secs. 208.100, 208.105, 208.110, 208.200, 208.225 and Appendix
A [Amended]
2. Sections 208.100, 208.105, 208.110, 208.200, and 208.225 and
Appendix A to Part 208 are amended as set forth at the end of the
common preamble.
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PEACE CORPS
22 CFR Part 310
RIN 0420-AA13
FOR FURTHER INFORMATION CONTACT: Kirby Mullen, 202-606-3114.
List of Subjects in 22 CFR Part 310
Contract programs, Grant programs.
It is proposed that title 22, chapter III of the Code of Federal
Regulations be amended as follows.
Carol Bellamy,
Director.
PART 310--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 310 is revised to read as follows:
Authority: 22 U.S.C. 2503.
2. Sections 310.100, 310.105 (except amendment to definition for
``Legal proceedings''), 310.110, 310.225 and Appendix A to Part 310 are
amended as set forth at the end of the common preamble.
Secs. 310.100, 310.105, 310.110, 310.225 and Appendix A [Amended]
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PEACE CORPS
UNITED STATES INFORMATION AGENCY
22 CFR PART 513
FOR FURTHER INFORMATION CONTACT: Georgia Hubert on (202) 205-5404.
List of Subjects in 22 CFR Part 513
Contract programs, Grant programs.
It is proposed that title 22, chapter V of the Code of Federal
Regulations be amended as follows.
Henry Howard,
Associate Director for Management.
PART 513--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 513 is revised to read as follows:
Authority: 40 U.S.C. 486(c); E.O. 12689; Section 2455 of the
Federal Acquisition and Streamlining Act of 1994.
Secs. 513.100, 513.105, 513.110, 513.200, 513.225 and Appendix
A [Amended]
2. Sections 513.100, 513.105, 513.110, 513.200, and 513.225 and
Appendix A to Part 513 are amended as set forth at the end of the
common preamble.
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INTER-AMERICAN FOUNDATION
22 CFR Part 1006
FOR FURTHER INFORMATION CONTACT: Evan M. Koster, 703-841-3894.
List of Subjects in 22 CFR Part 1006
Contract programs, Grant programs.
It is proposed that title 22, chapter X of the Code of Federal
Regulations be amended as follows.
Evan M. Koster,
Deputy General Counsel.
PART 1006--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 1006 continues to read as follows:
Authority: E.O. 12549; Sec. 5151-5160 of the Drug-Free Workplace
Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et
seq.); 22 U.S.C. 290f.
Secs. 1006.100, 1006.105, 1006.110, 1006.225 and Appendix A [Amended]
2. Sections 1006.100, 1006.105 (except amendment to definition for
``Legal proceedings''), 1006.110, and 1006.225 and Appendix A to Part
1006 are amended as set forth at the end of the common preamble.
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AFRICAN DEVELOPMENT FOUNDATION
22 CFR Part 1508
FOR FURTHER INFORMATION CONTACT: Paul S. Magid, (202) 673-3916.
List of Subjects in 22 CFR Part 1508
Contract programs, Grant programs--foreign relations, grants
administration. It is proposed that title 22, chapter XV of the Code of
Federal Regulations be amended as follows.
Gregory Robeson Smith,
President.
PART 1508--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 1508 is revised to read as follows:
Authority: Executive Order 12549, Sec. 506(1)(4) of Title V of
Pub. L. 96-533, the International Security and Development
Cooperation Act.
Secs. 1508.100, 1508.105, 1508.110, 1508.225 and Appendix A [Amended]
2. Sections 1508.100, 1508.105 (except amendment to definition for
``Legal proceedings''), 1508.110, and 1508.225 and Appendix A to Part
1508 are amended as set forth at the end of the common preamble.
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AFRICAN DEVELOPMENT FOUNDATION
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 24
[Docket No. R-94-1563; FR-3065-P-01]
RIN 2501-AB24
FOR FURTHER INFORMATION CONTACT: Emmett N. Roden, Assistant General
Counsel for Administrative Proceedings, Office of General Counsel, U.S.
Department of Housing and Urban Development, 451 7th Street, S.W., Room
10251, Washington, D.C. 20410, telephone (202) 708-2350. The telephone
number for the hearing impaired (TDD) is (202) 708-9300. These are not
toll-free numbers.
ADDITIONAL SUPPLEMENTARY INFORMATION: In accordance with Executive
Order 12549, the Department, along with other Federal agencies,
promulgated governmentwide non-procurement debarment and suspension
regulations. The common rule, which is identical to the Office of
Management and Budget's final guidelines, and the various agency-
specific supplements to the common rule were published at the same time
on May 26, 1988 (53 FR 19161). The provisions of the common rule that
provide nonprocurement participants with the opportunity to contest
suspensions and proposed debarments and the procedures by which
suspending and debarring officials make final agency determinations are
substantially similar to the procedures applicable to procurement
contractors under the Federal Acquisition Regulation (FAR, 48 CFR,
especially subpart 9.4 thereof). Although the Department adopted
verbatim significant portions of the common rule, it did not include
the provisions concerning suspension and debarment hearing procedures
or the reconsideration or appeal of post-hearing determinations.
In 1989, Executive Order 12689 required that the debarment,
suspension, or other exclusion of a participant in a procurement
activity under the FAR, or in a nonprocurement activity under an
agency's debarment regulations, shall have the governmentwide effect of
excluding the participant from both procurement and nonprocurement
activities. Under current HUD rules, a debarment of a nonprocurement
participant does not affect such person's participation in procurement
activities with other agencies.
In addition, the proposed revisions would conform the Department's
hearing procedures to those of the common rule. The Department's
departure from the generally applicable governmentwide provisions has
adversely affected the Department's ability to process suspensions and
debarments in an efficient and cost-effective manner. The amount of
time and expense currently involved in the Department's suspension and
debarment proceedings benefit neither the Department nor the persons
who are subject to such sanctions. The Department considers these
changes necessary to comply with the President's directive to
streamline agency operations throughout the Executive Branch. The
proposed revisions are also an element in the Government reinvention
process at the Department.
Written comments from the public will be considered prior to
issuance of a final rule. No hearing will be conducted with respect to
this proposed rule.
List of Subjects in 24 CFR Part 24
Administrative practice and procedure, Government contracts, Grant
programs, Government procurement, Loan programs, Drug abuse, Reporting
and recordkeeping requirements.
It is proposed that title 24, chapter 24 of the Code of Federal
Regulations be amended as follows:
Henry G. Cisneros,
Secretary.
PART 24--GOVERNMENT DEBARMENT AND SUSPENSION AND GOVERNMENTWIDE
REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 24 would be revised to read as follows:
Authority: 41 U.S.C. 701 et seq.; 42 U.S.C. 3535(d); E.O. 12549;
E.O. 12689.
Sec. 24.100 [Amended]
1a. Section 24.100 is amended by resdesignating paragraphs (d) and
(e) as paragraphs (e) and (f), respectively.
Secs. 24.100, 24.105, 24.110, 24.200, 24.225 and Appendix A [Amended]
2. Sections 24.100, 24.105, 24.110, 24.200, and 24.225 and Appendix
A to Part 24 would be amended as set forth at the end of the common
preamble.
3. Section 24.105 would be further amended by removing the
subparagraphs (1) and (2) under the definitions of ``Debarment'',
``Suspension'' and ``Voluntary exclusion or voluntarily excluded,'' by
revising the definitions for ``Limited denial of participation,'' and
``Respondent'', by adding paragraph (3) to the definitions for
``Debarring official'' and ``suspending official,'' and by adding a
definition for ``hearing official'' to read as follows:
Sec. 24.105 Definitions.
* * * * *
Debarring official. * * *
* * * * *
(3) For purposes of Secs. 24.313 and 24.314 of this Part, the term
debarring official includes the term hearing official as defined in
this section.
* * * * *
Hearing official. A Departmental official authorized by the
Secretary to conduct proceedings under this Part.
* * * * *
Limited denial of participation. An action taken by a HUD official,
in accordance with subpart G of these regulations, that immediately
excludes or restricts a person from participating in HUD program(s)
within a defined geographic area.
* * * * *
Respondent. A person against whom a debarment or suspension action
has been initiated.
(1) A respondent is also a person against whom a limited denial of
participation has been initiated.
(2) [Reserved]
* * * * *
Suspending official. * * *
* * * * *
(3) For purposes of Secs. 24.412 and 24.413 of this Part, the term
suspending official includes the term hearing official as defined in
this section.
* * * * *
4. Section 24.110 would be amended by adding a paragraph (a)(3),
and by revising the last sentence of paragraph (d), to read as follows:
Sec. 24.110 Coverage.
(a) * * *
(3) Other exceptions. (i) Sanctions against participants whose only
involvement in HUD programs is as ultimate beneficiaries, such as
subsidized tenants and subsidized mortgagors, may be taken only upon
commission of one of the offenses set forth in Sec. 24.305(a) of this
part, unless the participant has otherwise been debarred or suspended
by another Federal agency.
(ii) Sanctions under this part against mortgagees approved by HUD
to participate in Federal Housing Administration programs may be
initiated only with the approval of the Mortgagee Review Board.
* * * * *
(d) * * * The consequences of a debarment or suspension as set
forth in Sec. 24.200 apply to contractors in Federal procurement
programs, and Secs. 24.325 and 24.420 govern the extent to which a
specific contractor or its organizational elements would be included
within a debarment or suspension action.
* * * * *
Sec. 24.115 [Amended]
5. In Sec. 24.115, paragraph (d) would be removed.
6. Section 24.200 would be further amended by adding a new
paragraph (c)(9) by removing paragraphs (d) and (e), and by
redesignating paragraph (f) as paragraph (d), to read as follows:
Sec. 24.200 Debarment or suspension.
* * * * *
(c) Exceptions. * * *
* * * * *
(9) Sanctions imposed on an individual participant under this part
shall not preclude the participant from selling his or her principal
residence to a purchaser using HUD/FHA financing.
* * * * *
Sec. 24.215 [Amended]
7. In Sec. 24.215, paragraph (a) would be removed.
8. In Sec. 24.305, paragraph (d) would be revised to read as
follows:
Sec. 24.305 Causes for debarment.
* * * * *
(d) Any other cause of so serious or compelling a nature that it
affects the present responsibility of a person.
* * * * *
9. Section 24.313 would be revised to read as follows:
Sec. 24.313 Opportunity to contest proposed debarment.
(a) Submission in opposition. Within 30 days after receipt of the
notice of proposed debarment, the respondent may submit, in person, in
writing, or through a representative, information and argument in
opposition to the proposed debarment.
(1) The information and argument should be addressed to the
Debarment Docket Clerk, Department of Housing and Urban Development,
451 Seventh Street, S.W., Washington, D.C. 20410.
(2) If the respondent does not contest the proposed debarment
within the 30 day period, the proposed debarment shall become final.
(3) If the respondent desires a hearing, it shall submit a written
request to the Debarment Docket Clerk within the 30-day period
following receipt of the notice of proposed debarment.
(b) Additional proceedings as to disputed material facts.
(1) In actions not based upon a conviction or civil judgment, if
the debarring official finds that the respondent's submission in
opposition raises a genuine dispute over facts material to the proposed
debarment, respondent(s) shall be afforded an opportunity to appear
with a representative, submit documentary evidence, present witnesses,
and confront any witness the agency presents.
(2) A transcribed record of any additional proceedings shall be
made available at cost to the respondent, upon request, unless the
respondent and the agency, by mutual agreement, waive the requirement
for a transcript.
10. Section 24.314 would be revised to read as follows:
Sec. 24.314 Debarring official's decision.
(a) No additional proceedings necessary. In actions based upon a
conviction or civil judgment, or in which there is no genuine dispute
over material facts, the debarring official shall make a decision on
the basis of all the information in the administrative record,
including any submission made by the respondent. The decision shall be
made within 45 days after receipt of any information and argument
submitted by the respondent, unless the debarring official extends this
period for good cause.
(b) Additional proceedings necessary.
(1) In actions in which additional proceedings are necessary to
determine disputed material facts, written findings of fact shall be
prepared. The debarring official shall base the decision on the facts
as found, together with any information and argument submitted by the
respondent and any other information in the administrative record.
(2) The debarring official may refer disputed material facts to
another official for findings of fact. The debarring official may
reject any such findings, in whole or in part, only after specifically
determining them to be arbitrary and capricious or clearly erroneous.
(i) If the debarring official refers disputed material facts to an
Administrative Law Judge or Member of the Board of Contract Appeals,
the provisions of part 26 of this chapter shall be generally applicable
to the proceeding, with the exception that no appeal to the Secretary
may be taken under Secs. 26.24-26.26 of this chapter with respect to
any order or decision by such Judge or Member.
(ii) Such additional proceedings shall in all events be concluded
within 45 days after the debarring official has issued the notice of
disputed factual issues in accordance with Sec. 24.313(b)(1) of this
part. Findings of fact shall be issued by the debarring official, or by
any official to whom the factual issues have been referred, within 30
days after conclusion of such additional proceedings. The time
limitations of this subparagraph may be extended only upon issuance, by
the debarring official or other official to whom factual issues have
been referred, of a written notice describing good cause for such
extension.
(3) The debarring official's decision shall be made after the
conclusion on the proceedings with respect to the disputed facts.
(i) Such decision shall be made within 15 days after the issuance
of findings of fact concerning the disputed material facts.
(ii) [Reserved].
(c)(1) Standard of proof. In any debarment action, the cause for
debarment must be established by a preponderance of the evidence. Where
the proposed debarment is based upon a conviction or civil judgment,
the standard shall be deemed to have been met.
(2) Burden of proof. The burden of proof is on the agency proposing
debarment.
(d) Notice of debarring official's decision.
(1) If the debarring official decides to impose debarment, the
respondent shall be given prompt notice:
(i) Referring to the notice of proposed debarment;
(ii) Specifying the reasons for debarment;
(iii) Stating the period of debarment, including effective dates;
and
(iv) Advising that the debarment is effective for covered
transactions throughout the executive branch of the Federal Government
unless an agency head or an authorized designee makes the determination
referred to in Sec. 24.215.
(A) Where a debarment is based solely on Sec. 24.305(f) of this
Part, the notice of the debarring official's decision shall advise that
the debarment is effective for programs or activities of the
Department.
(B) [Reserved].
(2) If the debarring official decides not to impose debarment, the
respondent shall be given prompt notice of that decision. A decision
not to impose debarment shall be without prejudice to a subsequent
imposition of debarment by any other agency.
Sec. 24.400 [Amended]
11. In Sec. 24.400, paragraph (d) would be removed.
Sec. 24.410 [Amended]
12. In Sec. 24.410, paragraph (c) would be removed.
13. Section 24.411 would be revised to read as follows:
Sec. 24.411 Notice of suspension.
When a respondent is suspended, notice shall immediately be given:
(a) That the suspension has been imposed;
(b) That the suspension is based on an indictment, conviction, or
other adequate evidence that the respondent has committed
irregularities seriously reflecting on the propriety of further Federal
Government dealings with the respondent;
(c) Describing any such irregularities in terms sufficient to put
the respondent on notice without disclosing the Federal Government's
evidence;
(d) Of the cause(s) relied upon under Sec. 24.405 for imposing
suspension;
(e) That the suspension is for a temporary period pending the
completion of an investigation or ensuing legal, debarment or Program
Fraud Civil Remedies Act proceedings;
(f) Of the provisions of Secs. 24.411 through 24.413 and any other
HUD procedures, if applicable, governing suspension decisionmaking; and
(g) Of the effect of the suspension.
14. Section 24.412 would be revised to read as follows:
Sec. 24.412 Opportunity to contest suspension.
(a) Submission in opposition. Within 30 days after receipt of the
notice of suspension, the respondent may submit, in person, in writing,
or through a representative, information and argument in opposition to
the suspension.
(1) The information and argument should be addressed to the
Debarment Docket Clerk, Department of Housing and Urban Development,
451 Seventh Street, S.W., Washington, D.C. 20410.
(2) If the respondent does not contest the suspension within the 30
day period, the suspension shall become final.
(3) If the respondent desires a hearing, it shall submit a written
request to the Debarment Docket Clerk within the 30-day period
following receipt of the notice of suspension.
(b) Additional proceedings as to disputed material facts.
(1) If the suspending official finds that the respondent's
submission in opposition raises a genuine dispute over facts material
to the suspension, respondent(s) shall be afforded an opportunity to
appear with a representative, submit documentary evidence, present
witnesses, and confront any witnesses the agency presents, unless:
(i) The action is based on an indictment, conviction or civil
judgment, or
(ii) A determination is made, on the basis of Department of Justice
advice, that the substantial interests of the Federal Government in
pending or contemplated legal proceedings based on the same facts as
the suspension would be prejudiced.
(2) A transcribed record of any additional proceedings shall be
prepared and made available at cost to the respondent, unless the
respondent and the agency, by mutual agreement, waive the requirement
for a transcript.
15. Section 24.413 would be revised to read as follows:
Sec. 24.413 Suspending official's decision.
The suspending official may modify or terminate the suspension (see
Sec. 24.320(c)) for reasons for reducing the period or scope of
debarment) or may leave it in force. However, a decision to modify or
terminate the suspension shall be without prejudice to the subsequent
imposition of suspension by any other agency or debarment by any
agency. The decision shall be rendered in accordance with the following
provisions:
(a) No additional proceedings necessary. In actions based upon an
indictment, conviction, or civil judgment, in which there is no genuine
dispute over material facts, or in which additional proceedings to
determine disputed material facts have been denied on the basis of
Department of Justice advice, the suspending official shall make a
decision on the basis of all the information in the administrative
record, including any submission made by the respondent. The decision
shall be made within 45 days after receipt of any information and
argument submitted by the respondent, unless the suspending official
extends this period for good cause.
(b) Additional proceedings necessary.
(1) In actions in which additional proceedings are necessary to
determine disputed material facts, written findings of fact shall be
prepared. The suspending official shall base the decision on the facts
as found, together with any information and argument submitted by the
respondent and any other information in the administrative record.
(2) The suspending official may refer matters involving disputed
material facts to another official for findings of fact. The suspending
official may reject any such findings, in whole or in part, only after
specifically determining them to be arbitrary or capricious or clearly
erroneous.
(3) If the suspending official refers disputed material facts to an
Administrative Law Judge or Member of the Board of Contract Appeals,
the provisions of part 26 of this chapter shall be generally applicable
to the proceeding, with the exception that no appeal to the Secretary
may be taken under Secs. 26.24-26.26 of this chapter with respect to
any order or decision by such Judge or Member.
(4) Such additional proceedings shall in all events be concluded
within 45 days after the suspending official has issued the notice of
disputed factual issues in accordance with Sec. 24.412(b)(1) of this
part. Findings of fact shall be issued by the suspending official, or
by any official to whom the factual issues have been referred, within
30 days after conclusion of such additional proceedings. The time
limitations of this subparagraph may be extended only upon issuance, by
the suspending official or other official to whom factual issues have
been referred, of a written notice describing good cause for such
extension.
(5) The suspending official's decision shall be made within 15 days
after the issuance of findings of fact with respect to the disputed
material facts.
(c) Notice of suspending official's decision. Prompt written notice
of the suspending official's decision shall be sent to the respondent.
Sec. 24.415 [Amended]
16. In Sec. 24.415, paragraph (d) would be removed.
Sec. 24.705 [Amended]
17. In Sec. 24.705, paragraph (c) would be amended to remove the
words ``regional or field''.
Sec. 24.710 [Amended]
18. In Sec. 24.710, paragraph (a)(3) is amended to remove the words
``the Deputy Assistant Secretary for Single Family Housing'' and add,
in their place, the words ``an Assistant Secretary or Deputy Assistant
Secretary''.
19. Section 24.711 is revised to read as follows:
Sec. 24.711 Notice of limited denial of participation.
A limited denial of participation shall be made effective by
advising the participant or contractor, and any specifically named
affiliate, by mail, return receipt requested:
(a) That the limited denial of participation is being imposed;
(b) Of the cause(s) under Sec. 24.705 for the sanction;
(c) Of the potential effect of the sanction, including the length
of the sanction and the HUD program(s) and geographic area affected by
the sanction;
(d) Of the right to request, in writing, within 30 days of receipt
of the notice, a conference under Sec. 24.712;
(e) That the failure to request a conference shall cause the
limited denial of participation to become final, without any further
proceeding pursuant to Sec. 24.713 of this part.
20. Section 24.712 would be revised to read as follows:
Sec. 24.712 Conference.
Within 30 days after receiving a notice of limited denial of
participation, the respondent may request a conference with the
official who issued such notice. If the respondent does not request a
conference within such 30-day period, the notice of limited denial of
participation shall become final. The conference shall precede any
submission in opposition under Sec. 24.713 of this part. It shall be
held within 15 days after the Department's receipt of the request for a
conference, unless the respondent waives this time limit. The official
who imposed the sanction, or his or her designee, shall preside. At the
conference, the respondent may appear with a representative and may
present all relevant information and materials to the official or
designee. Within 20 days after the conference, the official shall, in
writing, advise the respondent of the decision to terminate, modify, or
affirm the limited denial of participation. If the official's decision
is to affirm all or a portion of the remaining period of exclusion, the
notice of affirmation shall advise the respondent of the opportunity to
contest the notice pursuant to Sec. 24.713.
21. Section 24.713 would be revised to read as follows:
Sec. 24.713 Opportunity to contest affirmation of the limited denial
of participation.
(a) Submission in opposition. Within 30 days after receipt of a
notice of affirmation of all or a portion of the remaining period of
exclusion under a limited denial of participation, the respondent may
submit, personally or through a representative, written information and
argument in opposition to the notice of affirmation. The information
and argument should be addressed to the Debarment Docket Clerk,
Department of Housing and Urban Development, 451 Seventh Street, S.W.,
Washington, D.C. 20410. If the respondent does not contest the notice
of affirmation within the 30-day period, the notice shall become final.
(b) Procedures. The procedures of 24.313 and 24.314 shall govern
respondent's contest of the notice of affirmation.
(c) Effect of suspension or debarment on limited denial of
participation. If a respondent has contested a notice of affirmation
pursuant to paragraph (a) of this section, and if the respondent has
also received, pursuant to subpart C or D of this part, a notice of
proposed debarment or suspension that is based on the same
transaction(s) or conduct as the limited denial of participation, the
following rules shall apply:
(1) If the respondent has not contested the proposed debarment
pursuant to Sec. 24.313(a) or the suspension pursuant to
Sec. 24.412(a), the final imposition of the debarment or suspension
shall also constitute a final decision with respect to the limited
denial of participation to the extent that the debarment or suspension
is based on the same transaction(s) or conduct as the limited denial of
participation.
(2) If the respondent has contested the proposed debarment pursuant
to Sec. 24.313(a) of this part or the suspension pursuant to
Sec. 24.412(a), the hearing official shall consolidate the hearings on
the limited denial of participation and on the proposed debarment or
suspension.
(3) To the extent that the limited denial of participation is based
on additional transaction(s) or conduct that are not described in the
notice of proposed debarment or suspension, the hearing official shall,
in his or her discretion, either withdraw the limited denial of
participation to the extent of such additional bases, or issue a
decision on them.
22. A new section 24.714 would be added to read as follows:
Sec. 24.714 Reporting of limited denial of participation.
If the period for requesting a conference pursuant to Sec. 24.712
of this part has expired without receipt of such a request, or if a
conference has been held and a notice of affirmation of all or part of
the remaining period of exclusion has been issued pursuant to
Sec. 24.712, the official imposing the limited denial of participation
shall notify the Director of the Participation and Compliance Division
in the Office of Housing of the scope of the limited denial of
participation.
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AFRICAN DEVELOPMENT FOUNDATION
DEPARTMENT OF JUSTICE
28 CFR Part 67
[A.G. Order No. 1940-94]
FOR FURTHER INFORMATION CONTACT: Cynthia J. Schwimer, Acting Director,
Financial Management and Grants Administration Division, (202) 307-
3186.
List of Subjects in 28 CFR Part 67
Contract programs, Grant programs.
It is proposed that title 28, chapter I, of the Code of Federal
Regulations be amended as follows:
Dated: December 12, 1994.
Janet Reno,
Attorney General.
PART 67--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority citation for Part 67 continues to read as follows:
Authority: E.O. 12549; Sec. 5151-5160 of the Drug-Free Workplace
Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et
seq.), Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C.
3711, et seq. (as amended), Juvenile Justice and Delinquency
Prevention Act of 1974, 42 U.S.C. 5601, et seq. (as amended);
Victims of Crime Act of 1984 42 U.S.C. 10601, et seq. (as amended);
18 U.S.C. 4042; and 18 U.S.C. 4351-4353.
Secs. 67.100, 67.105, 67.110, 67.200, 67.225 and Appendix A [Amended]
2. Sections 67.100, 67.105, 67.110, 67.200, and 67.225 and appendix
A to Part 67 are amended as set forth at the end of the common
preamble.
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AFRICAN DEVELOPMENT FOUNDATION
DEPARTMENT OF LABOR
29 CFR Part 98
FOR FURTHER INFORMATION CONTACT: Melvin Goldberg, Chief, Division of
Procurement and Grant Policy, (202) 219-9174
List of Subjects in 29 CFR Part 98
Contract programs, Grant programs.
It is proposed that title 29, part 98 of the Code of Federal
Regulations be amended as follows:
Cynthia A. Metzler,
Assistant Secretary for Administration and Management.
PART 98--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 98 continues to read as follows:
Authority: E.O. 12549; sec. 5151-5160 of the Drug-Free Workplace
Act of 1988 (Pub. L. 100-690, title V, subtitle D; 41 U.S.C. 701 et
seq..); 5 U.S.C. 552-566.
Secs. 98.100, 98.105, 98.110, 98.200. 98.225 and Appendix A [Amended]
2. Sections 98.100, 98.105, 98.110, 98.200, and 98.225 and Appendix
A to Part 98 are amended as set forth at the end of the common
preamble.
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AFRICAN DEVELOPMENT FOUNDATION
FEDERAL MEDIATION AND CONCILIATION SERVICE
29 CFR Part 1471
FOR FURTHER INFORMATION CONTACT: Lee Buddendeck, (202) 653-5320.
List of Subjects in 29 CFR Part 1471
Contract programs, Grant Programs.
It is proposed that title 29, Chapter XII of the Code of Federal
Regulations be amended as follows:
John Calhoun Wells,
Director.
PART 1471--GOVERNMENTWIDE DEBARMENT AND SUSPENSION
(NONPROCEDUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE
WORKPLACE (GRANTS)
1. The authority for part 1471 continues to read as follows:
Authority: E.O. 12549; Sec. 5151-5160 of the Drug-Free Workplace
Act of 1988 (Pub. L. 100-690, title V, subtitle D; 41 U.S.C. 701 et
seq.), Pub. L. 95-524, Oct 27, 1978, 29 U.S.C. 175a.
Secs. 1471.100, 1471.105, 1471.110, 1471.200, 1471.225 and Appendix
A [Amended]
2. Sections 1471.100, 1471.105, 1471.110, 1471.200, and 1471.225
and Appendix A to Part 1471 are amended as set forth at the end of the
common preamble.
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AFRICAN DEVELOPMENT FOUNDATION
DEPARTMENT OF THE TREASURY
31 CFR Part 19
RIN 1505-AA57
FOR FURTHER INFORMATION CONTACT: Debra Sonderman (202) 622-0520
List of Subjects in 31 CFR Part 19
Contract programs, Grant programs.
It is proposed that title 31, part 19 of the Code of Federal
Regulations be amended as follows.
Dated: December 12, 1994.
George Munoz,
Assistant Secretary for Management.
PART 19--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 19 is revised to read as follows:
Authority: 5 U.S.C. 321.
Secs. 19.100, 19.105, 19.110, 19.200, 19.225 and Appendix A [Amended]
2. Sections 19.100, 10.105, 19.110, 19.200, and 19.225 and Appendix
A Part 19 are amended as set forth at the end of the common preamble.
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AFRICAN DEVELOPMENT FOUNDATION
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 25
RIN 0790-AF68
FOR FURTHER INFORMATION CONTACT:
Mark Herbst, (703) 614-0205.
ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Defense
proposes to adopt this amendment to the Governmentwide common rule on
debarment and suspension for nonprocurement transactions. In adopting
this rule, the Office of the Secretary of Defense, the Military
Departments and the Defense Agencies will maintain uniform policies and
procedures that are consistent with those of other Executive
Departments and Agencies.
The Department of Defense originally codified this Governmentwide
rule on May 26, 1988 (53 FR 19190 and 19204), at 32 CFR Part 280. On
February 21, 1992 (57 FR 6199), Part 280 was redesignated as Part 25.
This Notice of Proposed Rulemaking proposes to amend the redesignated
Part 25.
List of Subjects in 32 CFR Part 25
Contract programs, Grant programs.
It is proposed that title 32, chapter I of the Code of Federal
Regulations be amended as follows.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
PART 25--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 25 is revised to read as follows:
Authority: E.O. 12549; E.O. 12689; sec. 2455 of the Federal
Acquisition and Streamlining Act of 1994 (Pub. L. 103-355); sec.
5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690,
TItle V, Subtitle D; 41 U.S.C. 701, et seq.)
Secs. 25.100, 25.105, 25.110, 25.200, 25.225 and Appendix A [Amended]
2. Sections 25.100, 25.105, 25.110, 25.200, and 25.225 and Appendix
A to Part 25 are amended as set forth at the end of the common
preamble.
3. Section 25.105 is amended further by adding paragraph (3) to the
definition for Debarring official and by adding paragraph (3) to the
definition for Suspending official to read as follows:
Sec. 25.105 Definitions.
* * * * *
Debarring official. * * *
(3) DoD Components' debarring officials for nonprocurement
transactions are the same officials identified in 48 CFR Part 209,
subpart 209.4 as debarring officials for procurement contracts.
* * * *
Suspending official. * * *
(3) DoD Components' suspending officials for nonprocurement
transactions are the same officials identified in 48 CFR Part 209,
subpart 209.4 as suspending officials for procurement contracts.
* * * * *
4. Section 25.610 is amended by adding paragraph (b)(1) to read as
follows and by reserving paragraph (b)(2):
Sec. 25.610 Coverage.
* * * * *
(b) * * *
(1) Heads of Defense Agencies, Heads of DoD Field Activities, and
their designees are authorized to make such determinations on behalf of
the Secretary of Defense.
(2) [Reserved]
* * * * *
5. Section 25.616 is added to read as follows:
Sec. 25.616 Determinations of grantee violations.
Heads of Defense Agencies, Heads of DoD Field Activities, and their
designees are authorized to make determinations of grantee violations
under Sec. 25.615.
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AFRICAN DEVELOPMENT FOUNDATION
DEPARTMENT OF EDUCATION
34 CFR Parts 85, 668, and 682
RIN 1880-AA51
ADDRESSES: All comments concerning these proposed regulations should be
addressed to Mary Jane Kane, U.S. Department of Education, 600
Independence Avenue, S.W., Room 3636 ROB-3, Washington, D.C. 20202-
4700. Comments may also be sent through the internet to
``Debarment__Suspension@ed.gov.''
FOR FURTHER INFORMATION CONTACT: Mary Jane Kane. Telephone: 708-7802.
Individuals who use a telecommunications device for the deaf (TDD) may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.
ADDITIONAL SUPPLEMENTARY INFORMATION: In addition to the amendments
proposed by all participating agencies for the common rule, the
Secretary proposes to amend the Department's debarment and suspension
procedures to reflect certain changes made by 1992 amendments to those
provisions of title IV of the Higher Education Act of 1965, as amended
(title IV, HEA), that govern administrative proceedings to limit or
terminate the eligibility of participants in programs under that title.
The Secretary also proposes to amend subpart G of part 668, which
contains the Department's procedures for fine, limitation, suspension,
and termination proceedings, to make technical amendments to reflect
the 1992 amendments to the HEA, to amend Subpart G of Part 682 in order
to apply the same procedures to debarments or suspensions of lenders or
loan servicers under the Federal Family Education Loan Programs
(FFELP), and to limit a hearing officer's discretion in termination and
suspension actions under both subparts when the termination or
suspension is based on an action under Executive Order 12549 (3 CFR,
1986 Comp., p. 189) or the Federal Acquisition Regulation (FAR), 48 CFR
part 9, subpart 9.4.
In 1988, when the governmentwide nonprocurement debarment and
suspension regulations were first published, the Department established
procedures to ensure that debarment actions would trigger actions by
the Department under part 668 to consider termination of institutions
participating in Title IV, HEA. Those special rules were needed because
section 487(c) of the HEA, 20 U.S.C. 1094(c), provided that actions to
limit, suspend or terminate the eligibility of a school in the Title
IV, HEA programs be conducted with an opportunity for a hearing ``on
the record'' under 5 U.S.C. 554-557 while debarment and suspension
actions did not have to comply with these ``on-the-record'' hearing
requirements.
In 1992 Congress amended the HEA to eliminate the need for these
procedures to include an opportunity for a hearing ``on-the-record.''
However, Title IV, HEA suspension or termination procedures include
notice and procedural requirements that are different than those
required under the debarment and suspension common rule. Therefore, the
Secretary proposes to give direct effect with respect to eligibility to
participate in a Title IV, HEA program only to those debarment and
suspension actions that have been imposed under procedures that provide
equivalent due process protections to those afforded under the
procedural standards in Subparts G of Parts 668 and 682. The Secretary
recognizes that the procedures applied by the Department or by another
agency may differ in some particulars from Subpart G procedures, but
provide the same level of procedural due process, and where the
Secretary so determines, that debarment or suspension will apply with
respect to participation in Title IV, HEA programs without further
administrative appeal. Also, the Secretary proposes to amend those
Subparts to provide that a hearing officer must terminate or limit an
entity if the designated Department official proves that the entity has
been debarred. The addition of this as a mandatory ground for
termination reflects the Secretary's recognition of the compelling
government interest underlying debarment and suspension decisions in
ensuring protection of public funds and deterring their misuse; the
adoption of a binding rule that debarment or suspension warrants
termination or suspension is consistent with similar determinations
compelled under the regulations in cases in which there has been a
failure to submit timely required audits, or loss of required
accreditation or State licensure.
Regarding suspensions, the Secretary has concluded that there are
significant legal differences between suspensions under part 85 and
emergency actions under parts 668 and 682.
Therefore, suspensions under part 85 or the common regulations of
other agencies will not be given effect as emergency actions under
those parts. However, the Secretary proposes to amend part 85 to
provide that, whenever an institution, lender, or third-party servicer
is suspended under the common rule, the Secretary will determine
whether an emergency action should be initiated against that entity.
List of Subjects
34 CFR Part 85
Administrative practice and procedure, Contract programs, Grant
programs, Grant programs--education, Grant administration.
34 CFR Part 668
Administrative practice and procedure, Colleges and universities,
Consumer protection, Education, Grant programs--education, Loan
programs--education, Reporting and recordkeeping requirements, Student
aid.
34 CFR Part 682
Administrative practice and procedure, Colleges and universities,
Grant programs--education, Loan programs--education Reporting and
recordkeeping requirements, Student aid, Vocational education.
It is proposed that title 34, parts 85, 668, and 682 of the Code of
Federal Regulations be amended as follows:
Richard W. Riley,
Secretary of Education.
PART 85--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 85 is revised to read as follows:
Authority: Executive Orders 12549 and 12689; Sec. 5151-5160 of
the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V
Subtitle D 41 U.S.C. 701 et. seq.); 20 U.S.C. 1232 and 3474, unless
otherwise noted.
Secs. 85.100, 85.105, 85.110, 85.225 and Appendix A [Amended]
2. Sections 85.100, 85.105, 85.110, and 85.225 and Appendix A to
Part 85 are amended as set forth at the end of the common preamble.
3. Section 85.201 is amended by revising paragraph (a) and
paragraph (b)(2) to read as follows:
Sec. 85.201 Treatment of Title IV, HEA participation.
(a)(1) The debarment of an educational institution, lender, or
third-party servicer under E.O. 12549 pursuant to procedures that
provide equivalent due process protections to those requirements in 34
CFR part 668, subpart G, or 34 CFR part 682, subpart G, applicable to
the termination of the eligibility of the entity, terminates the
eligibility of the entity to participate in any student financial
assistance program authorized by Title IV of the Higher Education Act
of 1965, as amended, for the duration of the debarment.
(2)(i) The suspension of an educational institution, lender, or
third-party servicer under E.O. 12549 pursuant to procedures that
provide equivalent due process protections to those requirements in 34
CFR part 668, subpart G, or 34 CFR part 682, subpart G, applicable to
the suspension of the eligibility of the entity suspends the
eligibility of the entity to participate in any student financial
assistance program authorized by Title IV of the Higher Education Act
of 1965, as amended.
(ii) The suspension of Title IV, HEA eligibility lasts for a period
of 60 days, beginning on the date of the suspending official's
decision, except that it may last longer if the suspended entity and
the Secretary agree to an extension or if the Secretary initiates a
limitation or termination proceeding against the entity under 34 CFR
part 668, subpart G, or 34 CFR part 682, subpart G, as applicable,
prior to the 60th day.
(b) * * *
(2)(i) The Secretary initiates a debarment or suspension proceeding
under Secs. 85.316 or 85.414, respectively, against an educational
institution, lender, or third-party servicer that is suspended or
debarred under E.O. 12549 by ED or another Federal agency if the
procedures used did not provide equivalent due process protections to
those requirements in 34 CFR 668, subpart G, or part 682, subpart G,
that apply to the termination or suspension of the eligibility of that
entity.
(ii) If an institution, lender, or third-party servicer is
suspended by ED or another Federal agency, the Secretary determines
whether grounds exist for the initiation of an emergency action against
the entity under 34 CFR part 668, subpart G or part 34 CFR 682, subpart
G, as applicable.
Sec. 85.314 [Amended]
4. Section 85.314 is amended by adding the words ``or third-party
servicer'' after the word ``institution'' in paragraph (d)(1)(iv)(A)
and after the word ``lender'' in paragraph (d)(1)(iv)(B).
Sec. 85.316 [Amended]
5. Section 85.316 is amended by removing paragraph (a)(2), by
redesignating paragraphs (a)(1) introductory text, (a)(1)(i) and
(a)(1)(ii) as paragraphs (a) introductory text, (a)(1) and (a)(2),
respectively, and by adding ``, lender, or third-party servicer'' after
the word ``institution'' in newly designated paragraph (a) introductory
text and ``, or 34 CFR part 682, subpart G, as applicable'' after the
words ``subpart G'' in newly designated paragraph (a)(2).
Sec. 85.414 [Amended]
6. Section 85.414 is amended by removing paragraph (a)(2) and
redesignating paragraph (a)(3) as paragraph (a)(2).
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS
1. The authority for part 668 continues to read as follows:
Authority: 20 U.S.C. 1085, 1088, 1091, 1092, 1094, 1099c, and
1141, unless otherwise noted.
Sec. 668.82 [Amended]
2. Section 668.82 is amended by removing from paragraph (f)(1)
``that comply with 5 U.S.C. 554-557 (formal adjudication requirements
under the Administrative Procedure Act),'' and adding, in their place,
``provide equivalent due process protections to the procedural
requirements of this subpart applicable to termination of
eligibility,'' and by removing from paragraph (f)(2)(i) introductory
text ``that comply with 5 U.S.C. 554-557'' and adding, in their place,
``provide equivalent due process protections to the procedural
requirements of this subpart applicable to a suspension of
eligibility''.
3. Section 668.90 is amended by removing the word ``and'' at the
end of paragraph (a)(3)(vi); removing the period at the end of
paragraph (a)(3)(vii)(F) and inserting in its place a semi-colon, and
by adding new paragraphs (a)(3)(viii) and (a)(3)(ix), to read as
follows:
Sec. 668.90 Initial and final decisions--Appeals.
(a) * * *
(3) * * *
(viii) In a termination action against an institution or third-
party servicer based on a debarment under Executive Order 12549 or the
Federal Acquisition Regulation (FAR), 48 CFR part 9, subpart 9.4, if
the hearing official finds that the institution or servicer has been
debarred, the hearing official finds that the termination is warranted;
and
(ix) In a suspension action against an institution or third- party
servicer based on a suspension under Executive Order 12549 or a
proposed debarment under the FAR, if the hearing official finds that
the institution or servicer has been suspended, the hearing official
finds that the suspension is warranted.
* * * * *
PART 682--FEDERAL FAMILY EDUCATION LOAN (FFEL) PROGRAMS
1. The authority citation for part 682 continues to read as
follows:
Authority: 20 U.S.C. 1071 to 1087-2, unless otherwise noted.
2. Section 682.705 is amended by removing the cross-reference
``(c)(8)'' in paragraph (b)(2)(v), and adding, in its place ``(c)(9)'',
by redesignating paragraphs (c)(6), (7), and (8) as paragraphs (c)(7),
(8), and (9), respectively, and adding a new paragraph (c)(6), to read
as follows:
Sec. 682.705 Suspension proceedings.
* * * * *
(c) * * *
(6) In a suspension action against a lender or third-party servicer
based on a suspension under Executive Order 12549 or a proposed
debarment under the FAR, if the presiding officer finds that the lender
or servicer has been suspended, the presiding officer finds that the
suspension is warranted.
* * * * *
3. Section 682.706 is amended by redesignating paragraphs (b)(7),
(8), and (9) as paragraphs (b)(8), (9), and (10), respectively, and
adding a new paragraph (b)(7), to read as follows:
Sec. 682.706 Limitation or termination proceedings.
* * * * *
(b) * * *
(7) In a termination action against a lender or third-party
servicer based on a debarment under Executive Order 12549 or a proposed
debarment under the FAR, if the presiding officer finds that the lender
or servicer has been debarred, the presiding officer finds that the
termination is warranted.
* * * * *
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AFRICAN DEVELOPMENT FOUNDATION
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1209
RIN 3095-AA38
FOR FURTHER INFORMATION CONTACT: Mary Ann Hadyka, Policy and
Information Resources Management, 301-713-6730.
List of Subjects in 36 CFR Part 1209
Contract programs, Grant programs--Archives and Records.
It is proposed that title 36, chapter XII of the Code of Federal
Regulations be amended as follows.
Trudy Huskamp Peterson,
Acting Archivist of the United States.
PART 1209--GOVERNMENT DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND
GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 1209 continues to read as follows:
Authority: E.O. 12549; sec. 5151-5160 of the Drug-Free Workplace
Act of 1988 (Pub. L. 100-690, title V, subtitle D; 41 U.S.C. 701 et
seq.); 44 U.S.C. 2104(a).
Secs. 1209.100, 1209.105, 1209.110, 1209.200, 1209.225 and
Appendix [Amended]
2. Sections 1209.100, 1209.105, 1209.110, 1209.200, and 1209.225
and Appendix A to Part 1209 are amended as set forth at the end of the
common preamble.
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AFRICAN DEVELOPMENT FOUNDATION
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 44
FOR FURTHER INFORMATION CONTACT: Ms. Judith A. Caden, Assistant
Director for Loan Policy (264), Loan Guaranty Service, Veterans
Benefits Administration, Department of Veterans Affairs, Washington, DC
20420, (202) 273-7368.
List of Subjects in 38 CFR Part 44
Contract programs, Grant programs, Housing, Loan Programs-housing
and community development, Reporting and recordkeeping requirements,
Veterans.
It is proposed that title 38, chapter I of the Code of Federal
Regulations be amended as follows.
Dated: December 9, 1994.
Jesse Brown,
Secretary of Veterans Affairs.
PART 44--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 44 continues to read as follows:
Authority: 38 U.S.C. 501(a) and 3703(c); E.O. 12549; E.O. 12689.
Secs. 44.100, 44.105, 44.110, 44.200, 44.225 and Appendix A [Amended]
2. Sections 44.100, 44.105, 44.110, 44.200, and 44.225 and Appendix
A to Part 44 are amended as set forth at the end of the common
preamble.
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AFRICAN DEVELOPMENT FOUNDATION
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 32
RIN 2030-AA39
FOR FURTHER INFORMATION CONTACT: Robert F. Meunier, Director,
Suspension and Debarment Division (3902F), 401 M Street, S.W.,
Washington, D.C. 20460. Telephone: (202) 260-8025.
List of Subjects in 40 CFR Part 32
Administrative practice and procedure, Contract programs, Grant
programs, Debarment and suspension, Reporting and recordkeeping
requirements.
It is proposed that title 40, chapter I of the Code of Federal
Regulations be amended as follows.
Dated: December 9, 1994.
Carol M. Browner,
Administrator.
PART 32--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 32 continues to read as follows:
Authority: E.O. 12549; 41 U.S.C. 701 et seq.; 7 U.S.C. 136 et
seq.; 15 U.S.C. 2601 et seq.; 20 U.S.C. 4011 et seq.; 33 U.S.C. 1251
et seq.; 42 U.S.C. 300f, 4901, 6901, 7401, 9801.
Secs. 32.100, 32.105, 32.110, 32.200, 32.225 and Appendix A [Amended]
2. Sections 32.100, 32.105, 32.110, 32.200, and 32.225 and Appendix
A to Part 32 are amended as set forth at the end of the common
preamble.
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AFRICAN DEVELOPMENT FOUNDATION
GENERAL SERVICES ADMINISTRATION
41 CFR Part 105-68
RIN 3090-AF65
FOR FURTHER INFORMATION CONTACT: Donald Suda (202) 501-1224.
List of Subjects in 41 CFR Part 105-68
Debarment and suspension (nonprocurement), Drug abuse, Grant
programs.
It is proposed that title 41, Chapter 105 of the Code of Federal
regulations be amended as follows:
Dated: December 6, 1994.
Ida M. Ustad,
Associate Administrator for Acquisition Policy.
PART 105-68--GOVERNMENTWIDE DEBARMENT AND SUSPENSION
(NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG FREE
WORKPLACE (GRANTS)
1. The authority for part 105-68 continues to read as follows:
Authority: E.O. 12549; sec. 5151-5160 of the Drug Free Workplace
Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et,
seq); 40 U.S.C. 486(c).
Secs. 105-68.100, 105-68.105, 105-68.110, 105-68.200, 105-68.225 and
Appendix A [Amended]
2. Sections 105-68.100, 105-68.105, 105-68.110, 105-68.200, 105-
68.225 and Appendix A to Part 105.68 are amended as set forth at the
end of the common preamble.
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 12
RIN 1090-AA49
FOR FURTHER INFORMATION CONTACT: Dean A. Titcomb, (Chief, Acquisition
and Assistance Division), (202) 208-6431.
ADDITIONAL SUPPLEMENTARY INFORMATION: The Department published an
agency-specific preamble as part of the final nonprocurement debarment
and suspension common rule on May 26, 1988 (53 FR 19159), which
indicated that, due to the expanded scope of transactions covered under
the rule, coverage of its nonprocurement debarment and suspension
system was limited to transactions included in section 12.110(a)(1) of
its proposed rule (52 FR 39042).
The Department also indicated that a review of the Department's
other nonprocurement program activities would be made to determine
whether such activities would be included in the coverage. The review
was made; however, plans to issue a notice of proposed rulemaking to
obtain public comment on covered transactions on or before October 1,
1988, were dropped.
Issues of concern to the Department were addressed through the
subcommittee of the Interagency Committee on Debarment and Suspension
which reviewed the scope of the nonprocurement debarment system.
Although the revision of the common rule being proposed does not
address the issue of scope, the Department is proposing to include the
results of the resolution of this issue as part of the publication of
this proposed revision as discussed below.
New exceptions for certain types of transactions under natural
resource management programs are being proposed. These exceptions would
make clear that permits, licenses, exchanges and other acquisitions of
real property, rights-of-way, and easements, under natural resource
management programs would be excluded from coverage.
For example, when the Federal Government seeks to acquire real
property, including through use of an exchange of real property
elsewhere, the transaction will not be subject to these regulations. In
such cases, where the success of the agency program depends on a
specific parcel of land, the application of the debarment and
suspension system could harm the public interest. Moreover, public land
management activities require the use of certain transactions for land
and resource management without regard to the identity of the
recipient. Accordingly, range management transactions, such as grazing
permits and rights-of-way, are excluded by the proposed exception
language. Similarly, virtually all recreation management and public
land access transactions are not covered.
In addition, the Department is proposing to amend section
12.110(a)(3) of its final rule to include nonprocurement debarment
system coverage for Federal acquisition of a leasehold interest or any
other interest in real property, concession contracts, and disposition
of Federal real and personal property and natural resources.
The scope of the Department's nonprocurement debarment system will
include transactions associated with natural resources management
programs and the disposition of natural resources with the following
exceptions: permits, licenses, exchanges and other acquisitions of real
property, rights-of-way, easements, mineral patent claims administered
by the Bureau of Land Management and water service contracts and
repayment contracts awarded by the Bureau of Reclamation. Patents
issued under the Mining Law of 1872, 30 U.S.C. 22 et seq., as amended
are statutory entitlements and, therefore, are exempt under the terms
of Executive Order 12549. The award of water service contracts and
repayment contracts is mandatory, provided by the Reclamation Project
Act of 1939, as amended, set forth at 43 U.S.C. 485.
Therefore, the Department proposes to exclude all transactions
concerning permits, licenses, exchanges and other acquisitions of real
property, rights-of-way, easements, mineral patent claims, water
service contracts, and repayment contracts from its nonprocurement
debarment and suspension system.
A corresponding change is also being proposed in Section 12.200(c)
to add a reference to these excluded transactions.
List of Subjects in 43 CFR Part 12
Administrative practice and procedures, Cooperative agreements,
Grants administration, Grant programs, Reporting and recordkeeping
requirements.
It is proposed that title 43, part 12 of the Code of Federal
Regulations be amended as follows.
Dated: December 8, 1994.
Bonnie R. Cohen,
Assistant Secretary-Policy, Management and Budget.
PART 12--ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES
FOR ASSISTANCE PROGRAMS
1. The authority for part 12 continues to read as follows:
Authority: E.O. 12549; E.O. 12689; Sec. 5151-5160 of the Drug-
Free Workplace Act of 1988 (Pub.L. 100-690, Title V, Subtitle D; 41
U.S.C. 701 et seq.); U.S.C. 301; Pub.L. 98-502; OMB Circular A-102;
OMB Circular A-110; OMB Circular A-128; and OMB Circular A-133.
Secs. 12.100, 12.105, 12.110, 12.200, 12.225 and Appendix A [Amended]
Subpart D--Governmentwide Debarment and Suspension (Nonprocurement)
and Governmentwide Requirements for Drug-Free Workplace (Grants)
2. Sections 12.100, 12.105, 12.110, 12.200, and 12.225 and Appendix
A to Subpart D of part 12 are amended as set forth at the end of the
common preamble.
3. Section 12.110 is further amended by adding paragraphs
(a)(2)(ix), (x), and (xi), and revising paragraph (a)(3) to read as
follows:
Sec. 12.110 Coverage.
(a) * * *
(2) * * *
(ix) Under natural resources management programs, permits,
licenses, exchanges and other acquisitions of real property, rights-of-
way, and easements.
(x) Transactions concerning mineral patent claims entered into
pursuant to 30 U.S.C. 22 et. seq.
(xi) Water service contracts and repayment contracts entered into
pursuant to 43 U.S.C. 485.
(3) Department of the Interior covered transactions. These
Department of the Interior regulations apply to the Department's
domestic assistance covered transactions (whether by a Federal agency,
recipient, subrecipient, or intermediary) including, except as noted in
paragraph (a)(2) of this section: grants, cooperative agreements,
scholarships, fellowships, contracts of assistance, loans, loan
guarantees, subsidies, insurance, payments for specified use, donation
agreements, Federal acquisition of a leasehold interest or any other
interest in real property, concession contracts, dispositions of
Federal real and personal property and natural resources, subawards,
subcontracts and transactions at any tier that are charged as direct or
indirect costs, regardless of type (including subtier awards under
awards which are statutory entitlement or mandatory awards), and any
other nonprocurement transactions between the Department and a person.
* * * * *
4. Section 12.200 is further amended by adding paragraphs (c)(9),
(10), and (11) to read as follows:
Sec. 12.200 Debarment or suspension.
* * * * *
(c) * * *
(9) Under natural resources management programs, permits, licenses,
exchanges and other acquisitions of real property, rights-of-way, and
easements.
(10) Mineral patent claims entered into pursuant to 30 U.S.C. 33
et. seq.
(11) Water service contracts and repayment contracts entered into
pursuant to 43 U.S.C. 485.
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DEPARTMENT OF THE INTERIOR
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 17
FOR FURTHER INFORMATION CONTACT: Robert R. Boyer, Operations Support
Directorate, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646-4168.
List of Subjects in 44 CFR Part 17
Administration practices and procedures, Contract programs, Drug
abuse, Grant programs, Loan programs, Reporting and recordkeeping
requirements.
It is proposed that title 44, Chapter I of the Code of Federal
Regulations be amended as follows:
Dated: December 9, 1994.
Harvey G. Ryland,
Deputy Director.
PART 17--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 17 is proposed to be revised to read as
follows:
Authority: E.O. 12549, 51 FR 6370, 3 CFR, 1987 Comp., p.; E.O.
12689, 54 FR 34131, 3 CFR, 1990 Comp., p. 235; Secs. 5151-5160 of
the Drug-Free Workplace Act of 1968 (Pub. L. 100-690, Title V,
Subtitle D; 41 U.S.C. 701 et seq.).
Secs. 17.100, 17.105, 17.110, 17.200, 17.225 and Appendix A [Amended]
2. Sections 17.100, 17.105, 17.110, 17.200, and 17.225 and Appendix
A to Part 17 are amended as set forth at the end of the common
premable.
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DEPARTMENT OF THE INTERIOR
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 76
RIN 0991-AA78
FOR FURTHER INFORMATION CONTACT:
Neil Steyskal, Office of Grants and Acquisition Management, 202-690-
5729; TDD 202-690-6415.
List of Subjects in 45 CFR Part 76
Contract programs, Grant programs.
It is proposed that title 45, part 76 of the Code of Federal
Regulations be amended as follows.
Dated: December 9, 1994.
Donna E. Shalala,
Secretary.
PART 76--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 76 is revised to read as follows:
Authority: E.O. 12549 and E.O. 12689; sec. 2455 of the Federal
Acquisition Streamlining Act of 1994 (Pub. L. 103-355); sec. 5151-
5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title
V, Subtitle D; 41 U.S.C. 701 et seq); 5 U.S.C. 301.
Secs. 76.100, 76.105, 76.110, 76.225 and Appendix A [Amended]
2. Sections 76.100, 76.105 (except amendment to definition for
``Legal proceedings''), 76.110, and 76.225 and Appendix A to Part 76
are amended as set forth at the end of the common preamble.
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DEPARTMENT OF THE INTERIOR
NATIONAL SCIENCE FOUNDATION
45 CFR Part 620
RIN 3145-AA28
FOR FURTHER INFORMATION CONTACT:
Anita Eisenstadt, Assistant General Counsel, Office of the General
Counsel, 703-306-1060.
List of Subjects in 45 CFR Part 620
Contract Programs, Grant programs.
It is proposed that title 45, chapter VI of the Code of Federal
Regulations be amended as follows.
Lawrence Rudolph,
Acting General Counsel.
PART 620--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 620 is revised to read as follows:
Authority: 42 U.S.C. 1870 (a).
Sec. 620.100, 620.105, 620.110, 620.200, 620.225 and Appendix
A [Amended]
2. Sections 620.100, 620.105, 620.110 620.200, and 620.225 and
Appendix A to Part 620 are amended as set forth at the end of the
common preamble.
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DEPARTMENT OF THE INTERIOR
NATIONAL FOUNDATION OF THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Part 1154
RIN 3135-AA12
FOR FURTHER INFORMATION CONTACT:
Ms. Donna DiRicco, Acting Grants Officer, National Endowment for the
Arts, (202) 682-5403.
List of Subjects in 45 CFR Part 1154
Contract Programs, grant programs.
It is proposed that title 45, chapter XI, subchapter B of the code
of Federal Regulations be amended as follows.
Laurence Baden,
Deputy Chairman for Management.
PART 1154--GOVERNMENT DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND
GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 1154 is revised to read as follows:
Authority: 20 U.S.C. 959(a)(1).
Secs. 1154.100, 1154.105, 1154.110, 1154.200, 1154.225 and Appendix
A [Amended]
2. Sections 1154.100, 1154.105, 1154.110, 1154.200, and 1154.225
and Appendix A to Part 1154 are amended as set forth at the end of the
common preamble.
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DEPARTMENT OF THE INTERIOR
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Humanities
45 CFR Part 1169
RIN 3136-AA20
FOR FURTHER INFORMATION CONTACT:
David C. Fisher, Deputy General Counsel, National Endowment for the
Humanities, Room 530, Washington, DC 20506, (202) 606-8322.
List of Subjects in 45 CFR Part 1169
Contract programs, Grant programs.
It is proposed that title 45, chapter XI, subchapter D of the Code
of Federal Regulations be amended as follows.
Sheldon Hackney,
Chairman.
PART 1169--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 1169 is revised to read as follows:
Authority: Executive Orders 12549 and 12689; 20 U.S.C.
959(a)(1).
Secs. 1169.100, 1169.105, 1169.110, 1169.200, 1169.225 and Appendix
A [Amended]
2. Sections 1169.100, 1169.105, 1169.110, 1169.200 and 1169.225 and
Appendix A to Part 1169 are amended as set forth at the end of the
common preamble.
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DEPARTMENT OF THE INTERIOR
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
Institute of Museum Services
45 CFR Part 1185
FOR FURTHER INFORMATION CONTACT:
Rebecca Danvers, Program Director, 202-606-8539.
List of Subjects in 45 CFR Part 1185
Contract programs, Grant programs.
It is proposed that title 45, Chapter 1185 of the Code of Federal
Regulations be amended as follows.
Diane B. Frankel,
Director.
PART 1185--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 1185 is revised to read as follows:
Authority: 20 U.S.C. 961-968.
Secs. 1185,100, 1185,105, 1185,110, 1185,200, 1185,225 and Appendix
A [Amended]
2. Section 1185.100, 1185.105, 1185.110, 1185.200, and 1185.225 and
Appendix A to Part 1185 are amended as set forth at the end of the
common preamble.
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DEPARTMENT OF THE INTERIOR
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2542
RIN 3045-AA11
FOR FURTHER INFORMATION, CONTACT: Michael Kenefick, Director of Grants
and Contracts, 202-606-5000 ext. 101.
List of Subjects in 45 CFR Part 2542
Administrative practice and procedure, Contract programs, Grant
programs, Drug abuse, Reporting and recordkeeping requirements.
It is proposed that title 45, chapter XXV of the Code of Federal
Regulations be amended as follows:
Gary Kowalczyk,
Acting Chief Financial Officer.
PART 2542--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
1. The authority for part 2542 continues to read as follows:
Authority: 42 U.S.C. 12501 et seq.
Secs. 2542.10 [______.100], 2542.20 [______.105], 2542.30 [______.110],
2542.150 [______.225], and Appendix A [Amended].
2. Sections 2542.10 [______.100], 2542.20 [______.105] (except for
amendments removing paragraph designations and alphabetizing the
definitions and amendments to definitions for ``Affiliate'' and ``Legal
proceedings''), 2542.30 [______.110], and 2542.150 [______.225] and
Appendix A to Part 2542 are amended as set forth at the end of the
common preamble.
[FR Doc. 94-30996 Filed 12-19-94; 8:45 am]
BILLING CODE 6325-01-M
BILLING CODE 3410-01-M
BILLING CODE 6450-01-M
BILLING CODE 8025-01-M
BILLING CODE 3510-FA-M
BILLING CODE 3180-02-M
BILLING CODE 4710-24-M
BILLING CODE 6116-01-M
BILLING CODE 6050-01-M
BILLING CODE 8230-01-M
BILLING CODE 7025-01-M
BILLING CODE 6117-01-M
BILLING CODE 4210-32-P
BILLING CODE 4410-18-M
BILLING CODE 4510-23-M
BILLING CODE 6372-01-M
BILLING CODE 4810-25-M
BILLING CODE 5000-04-M
BILLING CODE 4000-01-P
BILLING CODE 7515-01-M
BILLING CODE 8320-01-M
BILLING CODE 6560-50-M
BILLING CODE 4310-RF-P
BILLING CODE 6718-01-M
BILLING CODE 4150-04-M
BILLING CODE 7555-01-M
BILLING CODE 7537-01-M
BILLING CODE 7536-01-M
BILLING CODE 7036-01-M
BILLING CODE 6050-28-M
