Revision to Nonprocurement Suspension and Debarment Regulations, 65853-65857 [2016-23102]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65853-65857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23102]



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Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / 
Rules and Regulations

[[Page 65853]]



DEPARTMENT OF THE INTERIOR

Office of the Secretary

2 CFR Part 1400

[Docket No. DOI-2015-0007; 167D0102DM / DS62400000 / DLSN00000.000000 / 
DX62401]
RIN 1090-AB12


Revision to Nonprocurement Suspension and Debarment Regulations

AGENCY: Office of the Secretary, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule revises the U.S. Department of the Interior (DOI) 
nonprocurement suspension and debarment regulations in order to enhance 
transparency of the existing process and to clarify the Department's 
procedures for resolving nonprocurement suspension and debarment 
actions.

DATES: This final rule is effective September 26, 2016.

FOR FURTHER INFORMATION CONTACT: David M. Sims, Debarment Program 
Director, Office of Acquisition and Property Management, Office of the 
Secretary, telephone (202) 513-0689; fax (202) 513-7645; or email 
david_sims@ios.doi.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

A. Regulatory Framework

    On August 31, 2005, the Office of Management and Budget (OMB) 
issued Guidance for Government-wide suspension and debarment 
(nonprocurement), codified in part 180 of title 2 of the Code of 
Federal Regulations (70 FR 51862, August 31, 2005). The OMB Guidance 
required each agency to issue a brief rule that: (1) Adopted the 
guidance, giving it regulatory effect for that agency's activities; and 
(2) stated any agency-specific additions, clarifications, and 
exceptions to the Government-wide policies and procedures contained in 
the guidance. On June 18, 2007, DOI issued its regulation implementing 
the OMB Guidelines at 2 CFR part 1400 (72 FR 33383). Today's rule 
updates the DOI nonprocurement suspension and debarment regulation at 
Part 1400.

B. Purpose

    The original DOI implementing rule does not specify which DOI 
organizational component or official will conduct fact-finding 
proceedings for nonprocurement actions. This amended rule explains that 
the DOI Debarment Program Director is the official who ordinarily 
conducts fact-finding proceedings, while permitting the Suspending and 
Debarring Official to refer the case to another component or office for 
a fact-finding proceeding. This rule does not change the circumstances 
under which fact-finding proceedings are available to respondents, nor 
the criteria and standards that apply in fact-finding proceedings. In 
addition, this rule clarifies that the nonprocurement suspension and 
debarment case procedures used by DOI are identical to those DOI uses 
for the procurement suspension and debarment actions pursuant to the 
Federal Acquisition Regulation at 48 CFR subpart 9.4. Specifically, 
this rule sets forth the nonprocurement suspension and debarment action 
practices and procedures used to find facts in actions where the 
Suspending and Debarring Official determines that there is a genuine 
dispute over facts material to the proposed debarment. This rule 
addresses how persons suspended or proposed for debarment may seek to 
resolve an action. This rule promotes transparency of DOI internal 
procedures for resolving suspension and debarment actions.

C. Exemption From Notice and Comment Requirements

    The Administrative Procedure Act (APA) requires agencies to publish 
a notice of proposed rulemaking in the Federal Register and provide a 
period for public comment before issuing a final rule. 5 U.S.C. 553(b). 
The APA, however, exempts from the requirement of notice and comment 
``[r]ules of agency organization, procedure, or practice.'' 5 U.S.C. 
553(b)(A).
    This amended rule clarifies suspension and debarment findings; it 
does not alter the rights or interests of respondents in such 
proceedings. This rule also identifies existing suspension and 
debarment program roles and processes. Finally, this rule adds language 
that recognizes prior changes to, or adoption of, online Federal 
databases used to support award eligibility decisions. Accordingly, 
this rule is a rule of agency procedure, exempt from the notice and 
comment requirements of the APA.

D. Waiver of 30-Day Delay in Effective Date

    The APA also generally requires a 30-day delay in the effective 
date of final rules after the date of their publication in the Federal 
Register. 5 U.S.C. 553(d). The 30-day delay may be waived if the agency 
determines there is good cause to do so because the 30-day delay is 
impracticable, unnecessary, or contrary to the public interest. 5 
U.S.C. 553(d)(3).
    There is good cause to waive the 30-day delay in the effective date 
of this rule, because the delay is unnecessary and contrary to the 
public interest. As noted above, this rule is procedural and 
informational, and does not affect the rights or interests of 
respondents in nonprocurement suspension and debarment actions for 
which fact-finding proceedings are available. Moreover, this rule 
clarifies that the procedures to resolve nonprocurement suspension and 
debarment actions are the same as the procedures DOI uses to resolve 
procurement suspension and debarment actions. In so doing, this rule 
will eliminate potential confusion. Thus, delaying its effective date 
for 30 days is unnecessary and contrary to the public interest.

II. Required Determinations

A. Regulatory Planning and Review (E.O. 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs in the Office of Management and 
Budget (OMB) will review all significant rules. The Office of 
Information and Regulatory Affairs has determined that this rule is not 
significant.

[[Page 65854]]

    E.O. 13563 reaffirms the principles of E.O. 12866, calling for 
improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
E.O. 13563 directs agencies to consider regulatory approaches that 
reduce burdens and maintain flexibility and freedom of choice for the 
public, where these approaches are relevant, feasible, and consistent 
with regulatory objectives.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 
U.S.C. 601 et seq.), whenever a Federal agency is required to publish a 
notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. Thus, for a 
regulatory flexibility analysis to be required, impacts must exceed a 
threshold for ``significant impact'' and a threshold for a 
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA 
amended the Regulatory Flexibility Act to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601, et seq.). This clarification explains that the DOI 
applies the same procedures and fact-finding process for its 
nonprocurement and procurement suspension and debarment actions. This 
rule is merely a clarification of existing process. It makes no 
substantive change to the 2007 DOI rule, nor does it impose any new 
requirements on entities subject to a notice of suspension or proposed 
debarment.

C. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under the Small Business Regulatory 
Enforcement Fairness Act (5 U.S.C. 804(2)). This rule:
    1. Does not have an annual effect on the economy of $100 million or 
more. This rule identifies program roles and clarifies that the DOI 
fact-finding process for nonprocurement suspension and debarment 
actions is the same as DOI's fact-finding process for procurement 
suspension and debarment actions. This rule is a technical 
clarification that does not alter existing procedures for resolving 
nonprocurement suspension and debarment actions.
    2. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. As explained above, this rule is a 
technical rule issued to clarify that DOI's procedures for resolving 
nonprocurement suspension and debarment actions are identical to DOI's 
current procedures. This rule impacts only those persons suspended or 
proposed for debarment.
    3. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. This 
rule clarifies DOI's internal practices and procedures which furthers 
transparency.

D. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. This rule does not have a significant or unique effect on State, 
local, or tribal governments, or the private sector. This rule does not 
impose requirements on State, local, or tribal governments. This rule 
clarifies that the DOI fact-finding process for nonprocurement 
suspension and debarment actions is the same as DOI's fact-finding 
process for procurement suspension and debarment actions. This rule 
impacts only those persons suspended or proposed for debarment. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531, et seq.) is not required.

E. Takings (E.O. 12630)

    Under the criteria in section 2 of E.O. 12630, this rule does not 
have significant takings implications. This rule is a technical rule 
revision that clarifies that the DOI fact-finding process for 
nonprocurement suspension and debarment actions is the same as DOI's 
fact-finding process for procurement suspension and debarment actions. 
This rule impacts only those persons suspended or proposed for 
debarment. This rule promotes process transparency of DOI internal 
suspension and debarment action resolution procedures. A takings 
implication assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132, this rule does not 
have sufficient Federalism implications to warrant the preparation of a 
Federalism summary impact statement. This rule is a technical rule 
revision that clarifies that the DOI fact-finding process for 
nonprocurement suspension and debarment actions is the same as DOI's 
fact-finding process for procurement suspension and debarment actions. 
This rule impacts only those persons suspended or proposed for 
debarment. A Federalism summary impact statement is not required.

G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    1. Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    2. Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

H. Consultation With Indian Tribes (E.O. 13175)

    Under the criteria in E.O. 13175, we have evaluated this rule and 
determined that it has no substantial direct effect on federally 
recognized Indian tribes. This rule is a technical rule revision that 
clarifies that the DOI fact-finding process for nonprocurement 
suspension and debarment actions is the same as DOI's fact-finding 
process for procurement suspension and debarment actions. This rule 
impacts only those persons suspended or proposed for debarment.

I. Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission under the Paperwork Reduction Act (44 U.S.C. 3501, et 
seq.) is not required.

J. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment under the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). 
This rule is categorically excluded from the requirement to prepare a 
detailed statement, because it qualifies as a regulation of an 
administrative nature within the meaning of 43 CFR 46.210(i).

[[Page 65855]]

K. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. A Statement of Energy Effects is not required.

L. Clarity of This Regulation

    We are required by section 1(b)(12) of E.O. 12866 and section 
3(b)(1)(B) of E.O. 12988 and by the Presidential Memorandum of June 1, 
1998, to write all rules in plain language. This means that each rule 
we publish must:
    1. Be logically organized;
    2. Use the active voice to address readers directly;
    3. Use common, everyday words and clear language rather than 
jargon;
    4. Be divided into short sections and sentences; and
    5. Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the FOR FURTHER INFORMATION 
CONTACT section. To better help us revise this rule, your comments 
should be as specific as possible. For example, you should tell us the 
numbers of the sections or paragraphs that you find unclear, which 
sections or sentences are too long, and the sections where you feel 
lists or tables would be useful.

List of Subjects in 2 CFR Part 1400

    Administrative practice and procedure, Debarment, Grant programs, 
Government contracts, Reporting and recordkeeping requirements, 
Suspension.

    For the reasons set out in the preamble, we are amending part 1400, 
chapter XIV of subtitle B, title 2 of the Code of Federal Regulations 
as set forth below:

PART 1400--NONPROCUREMENT SUSPENSION AND DEBARMENT

0
1. The authority citation for part 1400 is revised to read as follows:

    Authority: Section 2455, Pub. L. 103-355, 108 Stat. 3327 (31 
U.S.C. 6101 note); 5 U.S.C. 301; E.O. 12549 (3 CFR, 1986 Comp., p. 
189); and E.O. 12689 (3 CFR, 1989 Comp., p. 235).


0
2. Revise Sec.  1400.10 to read as follows:


Sec.  1400.10  What does this part do?

    This part provides procedures for the Department of the Interior 
nonprocurement suspension and debarment actions.

0
3. Add subparts E, F, G, and H to read as follows:
Subpart E--System for Award Management Exclusions
Sec.
1400.526 Who at DOI places exclusions information into SAM?
Subpart F--General Principles Relating to Suspension and Debarment 
Actions
1400.600 How does a DOI debarment or suspension action begin?
1400.635 May DOI settle a debarment or suspension action?
Subpart G--Suspension
1400.751 What does the Suspending and Debarring Official consider in 
making a decision on whether to continue a suspension following 
notice issuance?
1400.752 When does a contested suspension action include a fact-
finding proceeding?
1400.753 How is the fact-finding proceeding conducted?
1400.756 May a respondent request administrative review of the 
Suspending and Debarring Official's decision?
Subpart H--Debarment
1400.861 What procedures does the Suspending and Debarring Official 
follow to make a decision on whether to impose debarment following 
notice issuance?
1400.862 When does a contested debarment action include a fact-
finding proceeding?
1400.863 How is the fact-finding proceeding conducted?
1400.876 May a respondent request administrative reconsideration of 
a decision?
1400.881 May a respondent seek award eligibility reinstatement at 
any time before the end of the period of debarment?

Subpart E--System for Award Management Exclusions


Sec.  1400.526  Who at DOI Places Exclusions Information into SAM?

    The Office of Acquisition and Property Management (PAM) Debarment 
Program personnel enter information about persons suspended or debarred 
by DOI into the GSA Web-based System for Award Management (SAM) within 
3 working days of the effective date of the action.

Subpart F--General Principles Relating to Suspension and Debarment 
Actions


Sec.  1400.600  How does a DOI suspension or debarment action begin?

    (a) Federal officials, DOI award officials, employees, or other 
sources will forward information indicating the potential existence of 
a cause for suspension or debarment, as listed in 2 CFR 180.700 and 
180.800, to:
    (1) The DOI Office of Inspector General Administrative Remedies 
Division (OIG ARD); or
    (2) The Suspending and Debarring Official.
    (b) If forwarded to the OIG ARD, that office will conduct a review 
to determine if a recommendation for administrative action is 
warranted. If warranted, the OIG ARD will prepare and submit to the 
Suspending and Debarring Official an Action Referral Memorandum (ARM) 
with supporting documentation for the administrative record.
    (c) OIG ARD will also identify potential matters for case 
development and conduct a review to determine if a recommendation for 
administrative action is warranted. If warranted, the OIG ARD will 
prepare and submit to the Suspending and Debarring Official an ARM with 
supporting documentation for the administrative record.
    (d) The Suspending and Debarring Official will review the ARM to 
determine the adequacy of evidence to support and initiate:
    (1) A suspension by taking the actions listed in 2 CFR 180.615 and 
180.715; or
    (2) A debarment by taking the actions listed in 2 CFR 180.615 and 2 
CFR 180.805; and
    (3) Notification of the respondent on how the respondent may 
contest the action.


Sec.  1400.635  May DOI settle a debarment or suspension action?

    Under 2 CFR 180.635, the Suspending and Debarring Official may 
resolve a suspension or debarment action through an administrative 
agreement if it is in the best interest of the Government at any stage 
of proceedings, where the respondent agrees to appropriate terms. The 
specific effect of administrative agreements that incorporate terms 
regarding award eligibility will vary with the terms of the agreements. 
Where the Suspending and Debarring Official enters into an 
administrative agreement, PAM will notify the award officials by:
    (a) Entering any appropriate information regarding an exclusion or 
the termination of an exclusion into the SAM; and
    (b) Entering the agreement into the Federal Awardee Performance 
Integrity Information System (FAPIIS) or its successor system.

Subpart G--Suspension


Sec.  1400.751  What does the Suspending and Debarring Official 
consider in making a decision on whether to continue a suspension 
following notice issuance?

    (a) In the event a respondent does not contest the suspension in 
writing within the time period provided at 2 CFR 180.715 through 
180.725, the suspension will remain in place without further 
proceedings.
    (b) Where a suspension is contested, the Suspending and Debarring 
Official follows the provisions at 2 CFR 180.730

[[Page 65856]]

through 180.755 in reaching a decision on whether to continue or 
terminate the suspension.
    (c) The contested suspension proceeding will include an oral 
Presentation of Matters in Opposition (PMIO), where one is requested by 
a respondent. The PMIO is conducted in an informal business meeting 
format and electronically recorded for inclusion in the administrative 
record.
    (d) Where fact-finding occurs as part of the suspension proceeding, 
after receiving the findings of fact and the hearing record from the 
fact-finding official, the Suspending and Debarring Official completes 
suspension proceedings, including a PMIO if one has been requested and 
did not occur before the fact-finding proceeding. Following completion 
of suspension proceedings, the Suspending and Debarring Official issues 
a written decision under the provisions of 2 CFR 180.750 and 180.755.


Sec.  1400.752  When does a contested suspension action include a fact-
finding proceeding?

    (a) Fact-finding to resolve genuine disputes over facts material to 
the suspension occurs where the conditions listed in 2 CFR 180.735(b) 
are satisfied.
    (b) The fact-finding official for DOI suspension proceedings is the 
DOI Debarment Program Director, unless the Suspending and Debarring 
Official designates another DOI official to serve as the fact-finding 
official.


Sec.  1400.753  How is the fact-finding proceeding conducted?

    (a) The fact-finding proceeding is conducted in accordance with 
PAM's suspension and debarment program fact-finding procedures, a copy 
of which is provided to the respondent.
    (b) The fact-finding proceeding is undertaken in accordance with 2 
CFR 180.745.
    (1) The reporters' fees and other direct costs associated with the 
fact-finding proceeding are borne by the bureau(s) or office(s) 
initiating the suspension action, except in the case of actions 
initiated by the OIG ARD.
    (2) For actions initiated by the OIG ARD, the costs are borne by 
bureau(s) and/or office(s) out of which the matter arose.
    (3) A transcribed record transcript of the fact-finding proceedings 
is available to the respondent as provided at 2 CFR 180.745(b).
    (c) The fact-finding official provides findings of fact and the 
hearing record to the Suspending and Debarring Official. The fact-
finding official files the original copy of the transcribed record of 
the fact-finding proceedings transcript with the administrative record.


Sec.  1400.756  May a respondent request administrative review of the 
Suspending and Debarring Official's decision?

    A respondent may seek administrative reconsideration of the 
Suspending and Debarring Official's decision by following the 
procedures in this section.
    (a) Within 30 days of receiving the decision, the respondent may 
ask the Suspending and Debarring Official to reconsider the decision 
for clear and material errors of fact or law that would change the 
outcome of the matter. The respondent bears the burden of demonstrating 
the existence of the asserted clear and material errors of fact or law.
    (b) A respondent's request for reconsideration must be submitted in 
writing to the Suspending and Debarring Official and include:
    (1) The specific findings of fact and conclusions of law believed 
to be in error; and
    (2) The reasons or legal basis for the respondent's position.
    (c) The Suspending and Debarring Official may, in the exercise of 
discretion, stay the suspension pending reconsideration. The Suspending 
and Debarring Official will:
    (1) Notify the respondent in writing of the decision on whether to 
reconsider the decision; and
    (2) If reconsideration occurs, notify the respondent in writing of 
the results of the reconsideration.

Subpart H--Debarment


Sec.  1400.861  What procedures does the Suspending and Debarring 
Official follow to make a decision on whether to impose debarment 
following notice issuance?

    (a) In the event a respondent does not contest the proposed 
debarment in writing within the time period provided at 2 CFR 180.815 
through 180.825, the debarment as proposed in the notice will be 
imposed without further proceedings.
    (b) Where a proposed debarment is contested, the Suspending and 
Debarring Official will follow the provisions at 2 CFR 180.830 through 
180.870 in reaching a decision on whether to impose a period of 
debarment.
    (c) The administrative record will include an oral PMIO, in those 
actions where the respondent requests one. The PMIO is conducted in an 
informal business meeting format and electronically recorded for the 
record.
    (d) Where fact-finding occurs as part of the proposed debarment 
proceeding, after receiving the findings of fact and the hearing record 
from the fact-finding official, the Suspending and Debarring Official 
completes debarment proceedings, including a PMIO if one has been 
requested and did not occur before the fact-finding proceeding. 
Following completion of proposed debarment proceedings, the Suspending 
and Debarring Official issues a written decision under the provisions 
of 2 CFR 180.870.


Sec.  1400.862  When does a contested proposed debarment action include 
a fact-finding proceeding?

    Fact-finding to resolve genuine disputes over facts material to the 
proposed debarment occurs where the conditions at 2 CFR 180.830(b) are 
satisfied.


Sec.  1400.863  How is the fact-finding proceeding conducted?

    (a) The fact-finding proceeding is conducted in accordance with 
PAM's suspension and debarment program fact-finding procedures, a copy 
of which is provided to the respondent.
    (b) The fact-finding official for DOI debarment proceedings is the 
DOI Debarment Program Director, unless the Suspending and Debarring 
Official designates another DOI official to serve as the fact-finding 
official.
    (c) The fact-finding proceeding is undertaken in accordance with 2 
CFR 180.840.
    (1) The reporters' fees and other direct costs associated with the 
fact-finding proceeding are borne by the bureau(s) or office(s) 
initiating the debarment action, except in the case of actions 
initiated by the OIG.
    (2) For actions initiated by the OIG, the costs are borne by the 
bureau(s) and/or office(s) out of which the matter arose.
    (3) A transcribed record of the fact-finding proceedings is 
available to the respondent as provided at 2 CFR 180.840(b).
    (d) The fact-finding official provides written findings of fact and 
the hearing record to the Suspending and Debarring Official. The fact-
finding official files the original copy of the transcribed record of 
the fact-finding proceedings with the administrative record.


Sec.  1400.876  May a respondent request administrative reconsideration 
of a decision?

    A respondent may request the Suspending and Debarring Official to 
review a decision under this part as follows:
    (a) Within 30 days of receiving the decision, the respondent may 
ask the Suspending and Debarring Official to

[[Page 65857]]

reconsider the decision based on clear and material error(s) of fact or 
conclusion(s) of law that would change the outcome of the matter. The 
respondent bears the burden of demonstrating the existence of the 
asserted clear and material error(s) of fact or conclusion(s) of law.
    (b) The respondent's request for reconsideration must be submitted 
in writing to the Suspending and Debarring Official and include:
    (1) The specific finding(s) of fact and conclusion(s) of law the 
respondent believes are in error; and
    (2) The reasons or legal bases for the respondent's position.
    (c) The Suspending and Debarring Official may in the exercise of 
discretion stay the debarment pending reconsideration. The Suspending 
and Debarring Official will review the request for reconsideration and:
    (1) Notify the respondent in writing whether the Suspending and 
Debarring Official will reconsider the decision; and
    (2) If reconsideration occurs, notify the respondent in writing of 
the results of the reconsideration.


Sec.  1400.881  May a respondent seek award eligibility reinstatement 
at any time before the end of the period of debarment?

    In addition to a petition for reconsideration based on a clear 
error of material fact or law, a respondent may, at any time following 
imposition of debarment, request the Suspending and Debarring Official 
to reduce or terminate the period of debarment based upon the factors 
under the provisions of 2 CFR 180.880.

Subpart I--Definitions

0
4. Add Sec. Sec.  1400.1011 through 1400.1014 to subpart I to read as 
follows:


Sec.  1400.1011  The DOI Debarment Program Director.

    The Debarment Program Director is the individual in PAM who advises 
the Suspending and Debarring Official on DOI suspension and debarment 
practices and procedures, manages the suspension and debarment process, 
and acts as the DOI suspension and debarment program fact-finding 
official.


Sec.  1400.1012  The OIG Administrative Remedies Division (ARD).

    The OIG ARD prepares and forwards suspension and/or debarment 
action referral memoranda to the Suspending and Debarring Official and 
may provide additional assistance, in the course of action proceedings.


Sec.  1400.1013  The administrative record.

    The administrative record for DOI suspension and debarment actions 
consists of the initiating action referral memorandum and its attached 
documents; the action notice; contested action scheduling 
correspondence; written information, arguments and supporting documents 
submitted by a respondent in opposition to the action notice; written 
information, arguments and supporting documents submitted by the OIG 
ARD in response to information provided by a respondent; the electronic 
recording of the PMIO, where a PMIO is held as part of the proceeding; 
where fact-finding is conducted, the transcribed record of the fact-
finding proceedings, and findings of fact; and the final written 
determination by the Suspending and Debarring Official on the action; 
or, alternatively, the administrative agreement endorsed by the 
respondent and the Suspending and Debarring Official that resolves an 
action.


Sec.  1400.1014  Respondent.

    Respondent means a person who is the subject of a DOI suspension or 
proposed debarment action.

    Dated: September 16, 2016.
Kristen J. Sarri,
Principal Deputy Assistant Secretary--Policy, Management and Budget.
[FR Doc. 2016-23102 Filed 9-23-16; 8:45 am]
BILLING CODE 4334-63-P