Department of Commerce Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, 55354-55356 [06-8022]
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55354
Proposed Rules
Federal Register
Vol. 71, No. 184
Friday, September 22, 2006
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF COMMERCE
2 CFR Part 1326
15 CFR Parts 14 and 26
[Docket No. 060830228–6228–01]
RIN 0605–AA23
Department of Commerce
Implementation of OMB Guidance on
Nonprocurement Debarment and
Suspension
Department of Commerce.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The Department of Commerce
(Department) proposes to remove its
regulations implementing the
government-wide common rule on
nonprocurement debarment and
suspension, currently codified at Title
15, and to adopt the Office of
Management and Budget’s (OMB)
guidance at Title 2 of the Code of
Federal Regulations (CFR) published in
the Federal Register on August 31,
2005. This proposed regulatory action
would implement the OMB’s initiative
to streamline and consolidate all federal
regulations on nonprocurement
debarment and suspension into one part
of the CFR. The Department does not
intend to modify any of its current
policy.
Submit comments on the
proposed regulatory action by October
23, 2006.
ADDRESSES: Comments on this proposed
action should be sent to Gary Johnson,
U.S. Department of Commerce, Room
H–6054, 14th & Constitution Avenue,
NW., Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: For
further information, please contact Gary
Johnson at (202) 482–1679 or by e-mail
at gjohnso3@doc.gov.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with PROPOSAL
DATES:
Background
On August 31, 2005, the Office of
Management and Budget (OMB) issued
an interim final guidance that
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Jkt 208001
implemented its Guidance for
Governmentwide Debarment and
Suspension (Nonprocurement), codified
in Part 180 of title 2 of the Code of
Federal Regulations (70 FR 51862,
August 31, 2005). In addition to
restating and updating its guidance on
nonprocurement debarment and
suspension, the interim final guidance
requires all federal agencies to adopt a
new approach to Federal agency
implementation of the guidance. OMB
requires each agency to issue a brief rule
that: (1) Adopts the guidance, giving it
regulatory effect for that agency’s
activities; and (2) states any agencyspecific additions, clarifications, and
exceptions to the government-wide
policies and procedures contained in
the guidance. That guidance also
requires agencies to implement the
OMB guidance by February 28, 2007.
Pursuant to the requirements in
OMB’s interim final guidance, the
Department of Commerce (Department)
proposes to:
(1) Remove 15 CFR Part 26; (2) replace
the Department’s part containing the
full text of the debarment and
suspension common rule with a brief
part implementing OMB’s guidance and
any provisions specific to the
Department; (3) co-locate the
Department’s part with OMB’s guidance
in 2 CFR along with other agencies’
regulations in that title; and (4) revise
references in 15 CFR Part 14 with the
citation to the Department’s regulations
located in Title 2, Part 1326.
This proposed regulatory action
would implement the OMB’s initiative
to streamline and consolidate all federal
regulations on nonprocurement
debarment and suspension into one part
of the CFR, and does not intend to
modify any of the Department’s current
policy.
Invitation to Comment
We intend the proposed new part in
2 CFR to adopt the OMB guidelines with
the same additions and clarifications we
made to the common rule on
nonprocurement debarment and
suspension in the Federal Register
publication of November 26, 2003 (68
FR 66575). We invite comments on the
provisions contained in the common
rule as well as any aspect of this
proposed rulemaking.
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Executive Order 12866
This proposed regulatory action has
been determined to be not significant for
purposes of E.O. 12866.
Regulatory Flexibility Act of 1980
(5 U.S.C. 605(b))
The Chief Counsel for Regulation at
the Department of Commerce certified
to the Chief Counsel for Advocacy at the
Small Business Administration that this
rule, if adopted, would not have a
significant economic impact on a
substantial number of small entities.
This action would merely remove the
DOC’s current policy and provisions
related to the debarment and suspension
common rule and replace it with a brief
part adopting OMB’s guidance and
implementing any provisions specific to
the Department. In addition, it would
co-locate the Department’s regulations
with OMB’s guidance in 2 CFR along
with other agencies’ rules in that title.
These revisions are purely
administrative in nature and do not
modify the Department’s current policy.
Because these changes are not
substantive, the Chief Counsel for
Regulation certified that this action
would not have a significant economic
impact on a substantial number of small
entities.
Unfunded Mandates Act of 1995
(Sec. 202, Pub. L. 104–4)
This proposed regulatory action does
not contain a Federal mandate that will
result in the expenditure by State, local,
and tribal governments, in aggregate, or
by the private sector of $100 million or
more in any one year.
Paperwork Reduction Act of 1995
(44 U.S.C., Chapter 35)
This regulatory action will not impose
any additional reporting or
recordkeeping requirements under the
Paperwork Reduction Act.
Notwithstanding any other provision of
law, no person is required to respond to,
nor shall any person be subject to a
penalty for failure to comply with a
collection of information subject to the
Paperwork Reduction Act unless that
collection displays a currently valid
OMB Control Number.
Federalism (Executive Order 13132)
This proposed regulatory action does
not have Federalism implications, as set
forth in Executive Order 13132. It will
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Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
Subpart C—Responsibilities of Participants
Regarding Transactions
1326.332 What methods must I use to pass
requirements down to participants at
lower tiers with whom I intend to do
business?
List of Subjects
Subpart D—Responsibilities of Federal
Agency Officials Regarding Transactions
1326.437 What method do I use to
communicate to a participant the
requirements described in the OMB
guidance at 2 CFR 180.435?
2 CFR Part 1326
Administrative practice and
procedure, Debarment and suspension,
Grant programs, Reporting and
recordkeeping requirements.
Subpart I—Definitions
1326.970 Nonprocurement transaction
(Department of Commerce supplement to
government-wide definition at 2 CFR
180.970).
15 CFR Part 14
Accounting, Administrative pratice
and procedure, Grant programs,
Reporting and recordkeeping
requirements.
Subpart J—[Reserved]
15 CFR Part 26
Administrative practice and
procedure, Debarment and suspension,
Grant programs, Reporting and
recordkeeping requirements.
Issued this 18th day of September at
Washington, DC.
Michael S. Sade,
Director for Acquisition Management and
Procurement Executive.
Accordingly, under the authority of 5
U.S.C. 301; Sec. 2455, Pub. L. 103–355,
108 Stat. 3327 (31 U.S.C. 6101 note);
E.O. 12549 (3 CFR, 1986 Comp., p. 189);
and E.O. 12689 (3 CFR, 1989 Comp.,
p. 235) the Department of Commerce
proposes the following amendments to
the Code of Federal Regulations, Title 2,
Subtitle B, Title 15 Part 14 and Title 15
Part 26, as follows:
Title 2—Grants and Agreements
1. Add Chapter 13, consisting of Part
1326 to Subtitle B to read as follows:
Chapter 13—Department of Commerce
PART 1326—NONPROCUREMENT
DEBARMENT AND SUSPENSION
Sec.
1326.10 What does this part do?
1326.20 Does this part apply to me?
1326.30 What policies and procedures must
I follow?
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Subpart A—General
1326.137 Who in the Department of
Commerce may grant an exception to let
an excluded person participate in a
covered transaction?
Subpart B—Covered Transactions
1326.215 Which nonprocurement
transactions, in addition to those listed
in 2 CFR 180.215, are not covered
transactions?
1326.220 What contracts and subcontracts,
in addition to those listed in 2 CFR
180.220, are covered transactions?
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Jkt 208001
Subparts E–H—[Reserved]
Authority: 5 U.S.C. 301; Sec. 2455, Pub. L.
103–355, 108 Stat. 3327; E.O. 12549, 3 CFR,
1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989
Comp., p. 235.
1326.10
What does this part do?
This part adopts the Office of
Management and Budget (OMB)
guidance in Subparts A through I of 2
CFR part 180, as supplemented by this
part, as the Department of Commerce
policies and procedures for
nonprocurement debarment and
suspension. It thereby gives regulatory
effect to the OMB guidance as
supplemented by this part. This part
satisfies the requirements in section 3 of
Executive Order 12549, ‘‘Debarment and
Suspension’’ (3 CFR 1986 Comp.,
p. 189), Executive Order 12689,
‘‘Debarment and Suspension’’ (3 CFR
1989 Comp., p. 235) and 31 U.S.C. 6101
note (Section 2455, Public Law 103–
355, 108 Stat. 3327).
1326.20
Does this part apply to me?
This part and, through this part,
pertinent portions of the OMB guidance
in Subparts A through I of 2 CFR part
180 (see table at 2 CFR 180.100(b))
apply to you if you are a—
(a) Participant or principal in a
‘‘covered transaction’’ (see Subpart B of
2 CFR part 180 and the definition of
‘‘nonprocurement transaction’’ at 2 CFR
180.970, as supplemented by Subpart B
and § 1326.970 of this part).
(b) Respondent in a Department of
Commerce suspension or debarment
action.
(c) Department of Commerce
debarment or suspension official;
(d) Department of Commerce grants
officer, agreements officer, or other
official authorized to enter into any type
of nonprocurement transaction that is a
covered transaction;
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55355
§ 1326.30 What policies and procedures
must I follow?
The Department of Commerce policies
and procedures that you must follow are
the policies and procedures specified in
each applicable section of the OMB
guidance in Subparts A through I of 2
CFR part 180, as that section is
supplemented by the section in this part
with the same section number. The
contracts that are covered transactions,
for example, are specified by section
220 of the OMB guidance (i.e., 2 CFR
180.220) as supplemented by section
220 in this part (i.e., § 1326.220). For
any section of OMB guidance in
Subparts A through I of 2 CFR 180 that
has no corresponding section in this
part, Department of Commerce policies
and procedures are those in the OMB
guidance.
Subpart A—General
§ 1326.137 Who in the Department of
Commerce may grant an exception to let an
excluded person participate in a covered
transaction?
Within the Department of Commerce,
the Secretary of Commerce or designee
has the authority to grant an exception
to let an excluded person participate in
a covered transaction, as provided in the
OMB guidance at 2 CFR 180.135.
Subpart B—Covered Transactions
§ 1326.215 Which nonprocurement
transactions, in addition to those listed in
2 CFR 180.215, are not covered
transactions?
(a) For purposes of the Department of
Commerce, a transaction that the
Department needs to respond to a
national or agency-recognized
emergency or disaster includes the
Fisherman’s Contingency Fund.
(b) For purposes of the Department of
Commerce, an incidental benefit that
results from ordinary governmental
operations includes:
(1) Export Promotion, Trade
Information and Counseling, and Trade
policy.
(2) Geodetic Surveys and Services
(Specialized Services).
(3) Fishery Products Inspection
Certification.
(4) Standard Reference Materials.
(5) Calibration, Measurement, and
Testing.
(6) Critically Evaluated Data
(Standard Reference Data).
(7) Phoenix Data System.
(8) The sale or provision of products,
information, and services to the general
public.
(c) For purposes of the Department of
Commerce, any other transaction if the
application of an exclusion to the
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55356
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules
transaction is prohibited by law
includes:
(1) The Administration of the Antidumping and Countervailing Duty
Statutes.
(2) The export Trading Company Act
Certification of Review Program.
(3) Trade Adjustment Assistance
Program Certification.
(4) Foreign Trade Zones Act of 1934,
as amended.
(5) Statutory Import Program.
§ 1326.220 What contracts and
subcontracts, in addition to those listed in
2 CFR 180.220, are covered transactions?
In addition to the contracts covered
under 2 CFR 180.220(b) of the OMB
guidance, this part applies to a
subcontract that is awarded by a
participant in a procurement transaction
covered under 2 CFR 180.220(a), if the
amount of the subcontract exceeds or is
expected to exceed $25,000. This
extends the coverage of the Department
of Commerce nonprocurement
suspension and debarment requirements
to one additional tier of contracts under
covered nonprocurement transactions,
as permitted under the OMB guidance at
2 CFR 180.220(c) (see optional lower
tier coverage in the figure in the
Appendix to 2 CFR part 180).
Subparts E–H—[Reserved]
Subpart I—Definitions
§ 1326.970 Nonprocurement transaction
(Department of Commerce supplement to
government-wide definition at 2 CFR
180.970).
For purposes of the Department of
Commerce, nonprocurement transaction
includes the following:
(a) Joint project Agreements under 15
U.S.C. § 1525.
(b) Cooperative research and
development agreements.
(c) Joint statistical agreements.
(d) Patent licenses under 35 U.S.C.
§ 207.
(e) NTIS joint ventures, 15 U.S.C.
§ 3704b.
Subpart J—[Reserved]
Title 15, Commerce and Foreign Trade
Part 26—Department of Commerce
PART 26—[REMOVED]
2. Remove Part 26.
Title 15, Commerce and Foreign Trade
PART 14—DEPARTMENT OF
COMMERCE
3. The authority citation for part 14
continues to read as follows:
Subpart C—Responsibilities of
Participants Regarding Transactions
Authority: 5 U.S.C. 301; OMB Circular A–
110 (64 FR 54926, October 8, 1999).
§ 1326.332 What methods must I use to
pass requirements down to participants at
lower tiers with whom I intend to do
business?
4. Section 14.13 is amended by
removing the citation ‘‘15 CFR Part 26’’
and adding in its place the citation ‘‘2
CFR Part 1326’’.
You as a participant must include a
term or condition in lower-tier
transactions requiring lower-tier
participants to comply with Subpart C
of the OMB guidance in 2 CFR Part 180,
as supplemented by this subpart.
[FR Doc. 06–8022 Filed 9–21–06; 8:45 am]
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§ 1326.437 What method do I use to
communicate to a participant the
requirements described in the OMB
guidance at 2 CFR 180.435?
BILLING CODE 3510–FA–P
DEPARTMENT OF AGRICULTURE
SUPPLEMENTARY INFORMATION:
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19:43 Sep 21, 2006
Jkt 208001
7 CFR Part 51
[Docket Number FV–06–303]
Potatoes; Grade Standards
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
To communicate to a participant the
requirements described in 2 CFR
180.435 of the OMB guidance, you must
include a term or condition in the
transaction that requires the
participant’s compliance with subpart C
of 2 CFR part 180, as supplemented by
Subpart C of this part, and requires the
participant to include a similar term or
condition in lower-tier covered
transactions.
Comments must be received by
November 21, 2006.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. Comments
must be sent to the Standardization
Section, Fresh Products Branch, Fruit
and Vegetable Programs, Agricultural
Marketing Service, U.S. Department of
Agriculture, 1400 Independence Ave.,
SW., Room 1661 South Building, Stop
0240, Washington, DC 20250–0240; Fax
(202) 720–8871, E-mail
FPBDocketclerk@usda.gov. Comments
should make reference to the date and
page number of this issue of the Federal
Register and will be made available for
public inspection in the above office
during regular business hours.
Comments can also be submitted on the
Internet at: https://www.regulations.gov.
The current United States Standards for
Grades of Potatoes, along with the
proposed changes, will be available
either through the address cited above
or by accessing the AMS, Fresh
Products Branch Web site at: https://
www.ams.usda.gov/standards/
stanfrfv.htm.
DATES:
FOR FURTHER INFORMATION CONTACT:
Cheri Emery, at the above address or
call (202) 720–2185; E-mail
Cheri.Emery@usda.gov.
Agricultural Marketing Service
Subpart D—Responsibilities of Federal
Agency Officials Regarding
Transactions
potatoes are subject to import
requirements under the Agricultural
Marketing Agreement Act of 1937. The
changes being proposed are the results
of the detailed work performed by the
Joint U.S./Canadian Potato Council that
was charged with harmonizing the U.S.
and Canadian Potato Grade Standards.
The purpose for this revision is to
update and revise the standards to more
accurately represent today’s marketing
practices.
SUMMARY: This proposed rule would
revise the United States Standards for
Grades of Potatoes. These standards are
issued under the Agricultural Marketing
Act of 1946. The use of these grading
standards is voluntary unless potatoes
are under a marketing order that
provides for certain requirements set
forth in the grade standards or the
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Executive Order 12866 and 12988
The Office of Management and Budget
has waived the review process required
by Executive Order 12866 for this
action. This rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This action is not
intended to have retroactive effect. This
rule will not preempt any state or local
laws, regulations, or policies, unless
they present an irreconcilable conflict
with this rule. There are no
administrative procedures which must
be exhausted prior to any judicial
challenge to the provisions of the rule.
Regulatory Flexibility Act and
Paperwork Reduction Act
The Joint U.S./Canadian Council,
which was established by the United
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]]>Agencies
[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Proposed Rules]
[Pages 55354-55356]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8022]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 /
Proposed Rules
[[Page 55354]]
DEPARTMENT OF COMMERCE
2 CFR Part 1326
15 CFR Parts 14 and 26
[Docket No. 060830228-6228-01]
RIN 0605-AA23
Department of Commerce Implementation of OMB Guidance on
Nonprocurement Debarment and Suspension
AGENCY: Department of Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (Department) proposes to remove its
regulations implementing the government-wide common rule on
nonprocurement debarment and suspension, currently codified at Title
15, and to adopt the Office of Management and Budget's (OMB) guidance
at Title 2 of the Code of Federal Regulations (CFR) published in the
Federal Register on August 31, 2005. This proposed regulatory action
would implement the OMB's initiative to streamline and consolidate all
federal regulations on nonprocurement debarment and suspension into one
part of the CFR. The Department does not intend to modify any of its
current policy.
DATES: Submit comments on the proposed regulatory action by October 23,
2006.
ADDRESSES: Comments on this proposed action should be sent to Gary
Johnson, U.S. Department of Commerce, Room H-6054, 14th & Constitution
Avenue, NW., Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: For further information, please
contact Gary Johnson at (202) 482-1679 or by e-mail at
gjohnso3@doc.gov.
SUPPLEMENTARY INFORMATION:
Background
On August 31, 2005, the Office of Management and Budget (OMB)
issued an interim final guidance that implemented its Guidance for
Governmentwide Debarment and Suspension (Nonprocurement), codified in
Part 180 of title 2 of the Code of Federal Regulations (70 FR 51862,
August 31, 2005). In addition to restating and updating its guidance on
nonprocurement debarment and suspension, the interim final guidance
requires all federal agencies to adopt a new approach to Federal agency
implementation of the guidance. OMB requires each agency to issue a
brief rule that: (1) Adopts the guidance, giving it regulatory effect
for that agency's activities; and (2) states any agency-specific
additions, clarifications, and exceptions to the government-wide
policies and procedures contained in the guidance. That guidance also
requires agencies to implement the OMB guidance by February 28, 2007.
Pursuant to the requirements in OMB's interim final guidance, the
Department of Commerce (Department) proposes to:
(1) Remove 15 CFR Part 26; (2) replace the Department's part
containing the full text of the debarment and suspension common rule
with a brief part implementing OMB's guidance and any provisions
specific to the Department; (3) co-locate the Department's part with
OMB's guidance in 2 CFR along with other agencies' regulations in that
title; and (4) revise references in 15 CFR Part 14 with the citation to
the Department's regulations located in Title 2, Part 1326.
This proposed regulatory action would implement the OMB's
initiative to streamline and consolidate all federal regulations on
nonprocurement debarment and suspension into one part of the CFR, and
does not intend to modify any of the Department's current policy.
Invitation to Comment
We intend the proposed new part in 2 CFR to adopt the OMB
guidelines with the same additions and clarifications we made to the
common rule on nonprocurement debarment and suspension in the Federal
Register publication of November 26, 2003 (68 FR 66575). We invite
comments on the provisions contained in the common rule as well as any
aspect of this proposed rulemaking.
Executive Order 12866
This proposed regulatory action has been determined to be not
significant for purposes of E.O. 12866.
Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))
The Chief Counsel for Regulation at the Department of Commerce
certified to the Chief Counsel for Advocacy at the Small Business
Administration that this rule, if adopted, would not have a significant
economic impact on a substantial number of small entities. This action
would merely remove the DOC's current policy and provisions related to
the debarment and suspension common rule and replace it with a brief
part adopting OMB's guidance and implementing any provisions specific
to the Department. In addition, it would co-locate the Department's
regulations with OMB's guidance in 2 CFR along with other agencies'
rules in that title. These revisions are purely administrative in
nature and do not modify the Department's current policy. Because these
changes are not substantive, the Chief Counsel for Regulation certified
that this action would not have a significant economic impact on a
substantial number of small entities.
Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4)
This proposed regulatory action does not contain a Federal mandate
that will result in the expenditure by State, local, and tribal
governments, in aggregate, or by the private sector of $100 million or
more in any one year.
Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)
This regulatory action will not impose any additional reporting or
recordkeeping requirements under the Paperwork Reduction Act.
Notwithstanding any other provision of law, no person is required to
respond to, nor shall any person be subject to a penalty for failure to
comply with a collection of information subject to the Paperwork
Reduction Act unless that collection displays a currently valid OMB
Control Number.
Federalism (Executive Order 13132)
This proposed regulatory action does not have Federalism
implications, as set forth in Executive Order 13132. It will
[[Page 55355]]
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
List of Subjects
2 CFR Part 1326
Administrative practice and procedure, Debarment and suspension,
Grant programs, Reporting and recordkeeping requirements.
15 CFR Part 14
Accounting, Administrative pratice and procedure, Grant programs,
Reporting and recordkeeping requirements.
15 CFR Part 26
Administrative practice and procedure, Debarment and suspension,
Grant programs, Reporting and recordkeeping requirements.
Issued this 18th day of September at Washington, DC.
Michael S. Sade,
Director for Acquisition Management and Procurement Executive.
Accordingly, under the authority of 5 U.S.C. 301; Sec. 2455, Pub.
L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549 (3 CFR,
1986 Comp., p. 189); and E.O. 12689 (3 CFR, 1989 Comp., p. 235) the
Department of Commerce proposes the following amendments to the Code of
Federal Regulations, Title 2, Subtitle B, Title 15 Part 14 and Title 15
Part 26, as follows:
Title 2--Grants and Agreements
1. Add Chapter 13, consisting of Part 1326 to Subtitle B to read as
follows:
Chapter 13--Department of Commerce
PART 1326--NONPROCUREMENT DEBARMENT AND SUSPENSION
Sec.
1326.10 What does this part do?
1326.20 Does this part apply to me?
1326.30 What policies and procedures must I follow?
Subpart A--General
1326.137 Who in the Department of Commerce may grant an exception to
let an excluded person participate in a covered transaction?
Subpart B--Covered Transactions
1326.215 Which nonprocurement transactions, in addition to those
listed in 2 CFR 180.215, are not covered transactions?
1326.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
1326.332 What methods must I use to pass requirements down to
participants at lower tiers with whom I intend to do business?
Subpart D--Responsibilities of Federal Agency Officials Regarding
Transactions
1326.437 What method do I use to communicate to a participant the
requirements described in the OMB guidance at 2 CFR 180.435?
Subparts E-H--[Reserved]
Subpart I--Definitions
1326.970 Nonprocurement transaction (Department of Commerce
supplement to government-wide definition at 2 CFR 180.970).
Subpart J--[Reserved]
Authority: 5 U.S.C. 301; Sec. 2455, Pub. L. 103-355, 108 Stat.
3327; E.O. 12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989
Comp., p. 235.
1326.10 What does this part do?
This part adopts the Office of Management and Budget (OMB) guidance
in Subparts A through I of 2 CFR part 180, as supplemented by this
part, as the Department of Commerce policies and procedures for
nonprocurement debarment and suspension. It thereby gives regulatory
effect to the OMB guidance as supplemented by this part. This part
satisfies the requirements in section 3 of Executive Order 12549,
``Debarment and Suspension'' (3 CFR 1986 Comp., p. 189), Executive
Order 12689, ``Debarment and Suspension'' (3 CFR 1989 Comp., p. 235)
and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat.
3327).
1326.20 Does this part apply to me?
This part and, through this part, pertinent portions of the OMB
guidance in Subparts A through I of 2 CFR part 180 (see table at 2 CFR
180.100(b)) apply to you if you are a--
(a) Participant or principal in a ``covered transaction'' (see
Subpart B of 2 CFR part 180 and the definition of ``nonprocurement
transaction'' at 2 CFR 180.970, as supplemented by Subpart B and Sec.
1326.970 of this part).
(b) Respondent in a Department of Commerce suspension or debarment
action.
(c) Department of Commerce debarment or suspension official;
(d) Department of Commerce grants officer, agreements officer, or
other official authorized to enter into any type of nonprocurement
transaction that is a covered transaction;
Sec. 1326.30 What policies and procedures must I follow?
The Department of Commerce policies and procedures that you must
follow are the policies and procedures specified in each applicable
section of the OMB guidance in Subparts A through I of 2 CFR part 180,
as that section is supplemented by the section in this part with the
same section number. The contracts that are covered transactions, for
example, are specified by section 220 of the OMB guidance (i.e., 2 CFR
180.220) as supplemented by section 220 in this part (i.e., Sec.
1326.220). For any section of OMB guidance in Subparts A through I of 2
CFR 180 that has no corresponding section in this part, Department of
Commerce policies and procedures are those in the OMB guidance.
Subpart A--General
Sec. 1326.137 Who in the Department of Commerce may grant an
exception to let an excluded person participate in a covered
transaction?
Within the Department of Commerce, the Secretary of Commerce or
designee has the authority to grant an exception to let an excluded
person participate in a covered transaction, as provided in the OMB
guidance at 2 CFR 180.135.
Subpart B--Covered Transactions
Sec. 1326.215 Which nonprocurement transactions, in addition to those
listed in 2 CFR 180.215, are not covered transactions?
(a) For purposes of the Department of Commerce, a transaction that
the Department needs to respond to a national or agency-recognized
emergency or disaster includes the Fisherman's Contingency Fund.
(b) For purposes of the Department of Commerce, an incidental
benefit that results from ordinary governmental operations includes:
(1) Export Promotion, Trade Information and Counseling, and Trade
policy.
(2) Geodetic Surveys and Services (Specialized Services).
(3) Fishery Products Inspection Certification.
(4) Standard Reference Materials.
(5) Calibration, Measurement, and Testing.
(6) Critically Evaluated Data (Standard Reference Data).
(7) Phoenix Data System.
(8) The sale or provision of products, information, and services to
the general public.
(c) For purposes of the Department of Commerce, any other
transaction if the application of an exclusion to the
[[Page 55356]]
transaction is prohibited by law includes:
(1) The Administration of the Anti-dumping and Countervailing Duty
Statutes.
(2) The export Trading Company Act Certification of Review Program.
(3) Trade Adjustment Assistance Program Certification.
(4) Foreign Trade Zones Act of 1934, as amended.
(5) Statutory Import Program.
Sec. 1326.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
In addition to the contracts covered under 2 CFR 180.220(b) of the
OMB guidance, this part applies to a subcontract that is awarded by a
participant in a procurement transaction covered under 2 CFR
180.220(a), if the amount of the subcontract exceeds or is expected to
exceed $25,000. This extends the coverage of the Department of Commerce
nonprocurement suspension and debarment requirements to one additional
tier of contracts under covered nonprocurement transactions, as
permitted under the OMB guidance at 2 CFR 180.220(c) (see optional
lower tier coverage in the figure in the Appendix to 2 CFR part 180).
Subpart C--Responsibilities of Participants Regarding Transactions
Sec. 1326.332 What methods must I use to pass requirements down to
participants at lower tiers with whom I intend to do business?
You as a participant must include a term or condition in lower-tier
transactions requiring lower-tier participants to comply with Subpart C
of the OMB guidance in 2 CFR Part 180, as supplemented by this subpart.
Subpart D--Responsibilities of Federal Agency Officials Regarding
Transactions
Sec. 1326.437 What method do I use to communicate to a participant
the requirements described in the OMB guidance at 2 CFR 180.435?
To communicate to a participant the requirements described in 2 CFR
180.435 of the OMB guidance, you must include a term or condition in
the transaction that requires the participant's compliance with subpart
C of 2 CFR part 180, as supplemented by Subpart C of this part, and
requires the participant to include a similar term or condition in
lower-tier covered transactions.
Subparts E-H--[Reserved]
Subpart I--Definitions
Sec. 1326.970 Nonprocurement transaction (Department of Commerce
supplement to government-wide definition at 2 CFR 180.970).
For purposes of the Department of Commerce, nonprocurement
transaction includes the following:
(a) Joint project Agreements under 15 U.S.C. Sec. 1525.
(b) Cooperative research and development agreements.
(c) Joint statistical agreements.
(d) Patent licenses under 35 U.S.C. Sec. 207.
(e) NTIS joint ventures, 15 U.S.C. Sec. 3704b.
Subpart J--[Reserved]
Title 15, Commerce and Foreign Trade
Part 26--Department of Commerce
PART 26--[REMOVED]
2. Remove Part 26.
Title 15, Commerce and Foreign Trade
PART 14--DEPARTMENT OF COMMERCE
3. The authority citation for part 14 continues to read as follows:
Authority: 5 U.S.C. 301; OMB Circular A-110 (64 FR 54926,
October 8, 1999).
4. Section 14.13 is amended by removing the citation ``15 CFR Part
26'' and adding in its place the citation ``2 CFR Part 1326''.
[FR Doc. 06-8022 Filed 9-21-06; 8:45 am]
BILLING CODE 3510-FA-P
