National Science Foundation Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, 4943-4945 [E7-1419]
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4943
Rules and Regulations
Federal Register
Vol. 72, No. 22
Friday, February 2, 2007
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
NATIONAL SCIENCE FOUNDATION
2 CFR Chapter XXV
45 CFR Parts 620 and 689
[Docket Number: NSF–2006–OGC–0106]
RIN 3145AA47
National Science Foundation
Implementation of OMB Guidance on
Nonprocurement Debarment and
Suspension
ACTION:
Final rule.
ycherry on PROD1PC64 with RULES
SUMMARY: The National Science
Foundation (NSF) is issuing a new part
2520 on nonprocurement debarment
and suspension in title 2 of the Code of
Federal Regulations (CFR). This new
part is NSF’s implementation of the
Office of Management and Budget’s
(OMB) guidance provided at 2 CFR part
180. In light of the new part 2520, NSF
removes 45 CFR part 620, the part
containing its implementation of the
government-wide common rule on
nonprocurement debarment and
suspension. The new part in 2 CFR
serves the same purpose as the common
rule, but in a simpler way. NSF also is
amending a provision in its research
misconduct rule (45 CFR part 689) to
update the reference to NSF’s
nonprocurement debarment and
suspension regulations. This final rule
is part of OMB’s initiative to streamline
and consolidate all federal regulations
on nonprocurement debarment and
suspension. It is an administrative
simplification that makes no substantive
change in NSF policy or procedures for
nonprocurement debarment and
suspension.
This final rule is effective
February 2, 2007.
DATES:
Eric
S. Gold, Assistant General Counsel,
Office of the General Counsel, National
FOR FURTHER INFORMATION CONTACT:
VerDate Aug<31>2005
14:10 Feb 01, 2007
Jkt 211001
Science Foundation, telephone (703)
292–8060 and e-mail egold@nsf.gov.
SUPPLEMENTARY INFORMATION: On May
11, 2004, OMB established title 2 of the
CFR with two subtitles (69 FR 26275).
Subtitle A, ‘‘Government-wide Grants
and Agreements,’’ contains OMB policy
guidance to Federal agencies on grants
and agreements. Subtitle B, ‘‘Federal
Agency Regulations for Grants and
Agreements,’’ contains Federal agencies’
regulations implementing the OMB
guidance, as it applies to grants and
other financial assistance agreements
and nonprocurement transactions.
On August 31, 2005, OMB published
interim final guidance for governmentwide nonprocurement debarment and
suspension in the Federal Register (70
FR 51863). The guidance is located in
title 2 of the CFR as new subtitle A,
chapter 1, part 180. The interim final
guidance updated previous OMB
guidance that was issued pursuant to
Executive Order 12549, ‘‘Debarment and
Suspension’’ (February 18, 1996), which
gave government-wide effect to each
agency’s nonprocurement debarment
and suspension actions. Section 6 of the
Executive order authorized OMB to
issue guidance to Executive agencies on
nonprocurement debarment and
suspension, including provisions
prescribing government-wide criteria
and minimum due process procedures.
Section 3 directed Executive agencies to
issue regulations implementing the
Executive order that are consistent with
the OMB guidelines. The interim final
guidance at 2 CFR part 180 conforms the
OMB guidance with the Federal
agencies’ November 26, 2003, update to
the common rule on nonprocurement
debarment and suspension (see 70 FR
51864). On November 15, 2006, OMB
published a final rule adopting the
interim final guidance with changes (71
FR 66431).
In accordance with OMB’s guidance,
this final rule places NSF’s
nonprocurement debarment regulations
in subtitle B of title 2 of the CFR, along
with other agencies’ nonprocurement
debarment and suspension rules. The
new CFR part 2520 adopts the OMB
guidelines with the same additions and
clarifications that NSF made to the
common rule on nonprocurement
suspension and debarment in November
2003 [68 FR 66633]. The substance of
NSF’s nonprocurement debarment and
suspension regulations is unchanged. In
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
light of the new part 2520, NSF is
removing 45 CFR part 620, which is the
current location for NSF’s
nonprocurement debarment and
suspension regulations. NSF is also
amending a provision in its research
misconduct rule (45 CFR part 689) to
update the reference to NSF’s
nonprocurement debarment and
suspension regulations.
Executive Order 12866
OMB has determined this rule to be
nonsignificant.
Regulatory Flexibility Act of 1980 (5
U.S.C. 605(b))
This regulatory action will not have a
significant adverse impact on a
substantial number of small entities.
Unfunded Mandates Act of 1995 (Sec.
202, Pub. L. 104–4)
This 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.
Federalism (Executive Order 13132)
This regulatory action does not have
Federalism implications, as set forth in
Executive Order 13132. It will 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 2520
Administrative practice and
procedure, Debarment and suspension,
Grant programs, Reporting and
recordkeeping requirements.
45 CFR Part 620
Administrative practice and
procedure, Debarment and suspension,
Grant programs, Reporting and
recordkeeping requirements.
45 CFR Part 689
Research misconduct.
E:\FR\FM\02FER1.SGM
02FER1
4944
Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Rules and Regulations
Accordingly, under the authority of 42
U.S.C. 1870, NSF amends the Code of
Federal Regulations, Title 2, Subtitle B,
and Title 45, Chapter VI, as follows:
I
Title 2—Grants and Agreements
I 1. Add Chapter XXV, consisting of
Part 2520 to Subtitle B to read as
follows:
Chapter XXV—NATIONAL SCIENCE
FOUNDATION
PART 2520—NONPROCUREMENT
DEBARMENT AND SUSPENSION
SEC.
2520.10 What does this part do?
2520.20 Does this part apply to me?
2520.30 What policies and procedures must
I follow?
Subpart A—General
2520.137 Who in NSF may grant an
exception to let an excluded person
participate in a covered transaction?
Subpart B—Covered Transactions
2520.220 What contracts and subcontracts,
in addition to those listed in 2 CFR
180.220, are covered transactions?
Subpart C—Responsibilities of Participants
Regarding Transactions
2520.332 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
2520.437 What method do I use to
communicate to a participant the
requirements described in the OMB
guidance at 2 CFR 180.435?
Subparts E–I
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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 NSF policies and procedures
for nonprocurement debarment and
suspension. It thereby gives regulatory
effect for NSF 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).
§ 2520.20
§ 2520.30 What policies and procedures
must I follow?
The NSF 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., § 2520.220). For any section of
OMB guidance in Subparts A through I
of 2 CFR 180 that has no corresponding
section in this part, NSF policies and
procedures are those in the OMB
guidance.
§ 2520.137 Who in NSF may grant an
exception to let an excluded person
participate in a covered transaction?
The NSF Director and the Deputy
Director have the authority to grant an
exception to let an excluded person
participate in a covered transaction.
§ 2520.220 What contracts and
subcontracts, in addition to those listed in
2 CFR 180.220, are covered transactions?
Although the OMB guidance at 2 CFR
180.220(c) allows a Federal agency to do
so (also see optional lower tier coverage
in the figure in the Appendix to 2 CFR
part 180), NSF does not extend coverage
of nonprocurement suspension and
debarment requirements beyond firsttier procurement contracts under a
covered nonprocurement transaction.
Does this part apply to me?
14:10 Feb 01, 2007
Jkt 211001
§ 2520.332 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
§ 2520.437 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–I
PO 00000
Frm 00002
Fmt 4700
[Reserved]
Title 45—Public Welfare
CHAPTER VI—NATIONAL SCIENCE
FOUNDATION
PART 620—[REMOVED]
2. Under the authority of 42 U.S.C.
1870(a); Sec. 2455, Pub. L. 103–355, 108
Stat. 3327 (31 U.S.C. 6101 note); E.O.
12549 (3 CFR, 1986 Comp., p. 189); E.O.
12689 (3 CFR, 1989 Comp., p. 235) part
620 is removed.
PART 689—[AMENDED]
3. The authority citation for part 689
continues to read as follows:
I
Authority: 42 U.S.C. 1870(a).
Subpart B—Covered Transactions
This part and, through this part,
pertinent portions of the OMB guidance
VerDate Aug<31>2005
Subpart C—Responsibilities of
Participants Regarding Transactions
I
Subpart A—General
[Reserved]
Authority: 42 U.S.C. 1870(a); 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.
§ 2520.10
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).
(b) Respondent in an NSF suspension
or debarment action.
(c) NSF debarment or suspension
official.
(d) NSF grants officer, agreements
officer, or other official authorized to
enter into any type of nonprocurement
transaction that is a covered transaction.
Sfmt 4700
4. Section 689.8 is amended by
revising paragraph (b) to read as follows:
I
§ 689.8
Interim Administrative Actions
*
*
*
*
*
(b) When suspension is determined to
be appropriate, the case will be referred
to the suspending official pursuant to 2
CFR Part 180, and the suspension
procedures of 2 CFR Part 180 will be
followed, but the suspending official
will be either the Deputy Director or an
official designated by the Deputy
Director.
I 5. Section 689.9 is amended by
revising paragraph (c)(1) introductory
text to read as follows:
E:\FR\FM\02FER1.SGM
02FER1
Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Rules and Regulations
§ 689.9
Dispositions
(c) * * *
(1) In cases in which debarment is
considered by OIG to be an appropriate
disposition, the case will be referred to
the debarring official pursuant to 2 CFR
part 180 and the procedures of 2 CFR
part 180 will be followed, but:
*
*
*
*
*
Lawrence Rudolph,
General Counsel.
[FR Doc. E7–1419 Filed 2–1–07; 8:45 am]
BILLING CODE 7555–01–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2006–0131]
Emerald Ash Borer; Quarantined
Areas; MI
Animal and Plant Health
Inspection Service, USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
SUMMARY: We are adopting as a final
rule, without change, an interim rule
that amended the emerald ash borer
regulations by adding areas in Michigan
to the list of areas quarantined because
of emerald ash borer. As a result of that
action, the interstate movement of
regulated articles from those areas is
restricted. The interim rule was
necessary to prevent the artificial spread
of the emerald ash borer from infested
areas in the State of Michigan into
noninfested areas of the United States.
DATES: Effective on February 2, 2007, we
are adopting as a final rule the interim
rule published at 71 FR 57871–57873 on
October 2, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah McPartlan, Operations Officer,
Pest Detection and Management
Programs, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737–1236;
(301) 734–4387.
SUPPLEMENTARY INFORMATION:
ycherry on PROD1PC64 with RULES
Background
The emerald ash borer (EAB) (Agrilus
planipennis) is a destructive woodboring insect that attacks ash trees
(Fraxinus spp., including green ash,
white ash, black ash, and several
horticultural varieties of ash). The
insect, which is indigenous to Asia and
known to occur in China, Korea, Japan,
Mongolia, the Russian Far East, Taiwan,
and Canada, eventually kills healthy ash
VerDate Aug<31>2005
14:10 Feb 01, 2007
Jkt 211001
trees after it bores beneath their bark
and disrupts their vascular tissues.
The EAB regulations in 7 CFR 301.53–
1 through 301.53–9 (referred to below as
the regulations) restrict the interstate
movement of regulated articles from
quarantined areas to prevent the
artificial spread of EAB to noninfested
areas of the United States. Portions of
the States of Indiana, Michigan, and
Ohio are already designated as
quarantined areas.
In an interim rule 1 effective
September 25, 2006, and published in
the Federal Register on October 2, 2006
(71 FR 57871–57873, Docket No.
APHIS–2006–0131), we amended the
EAB regulations in § 301.53–3(c) by
designating the entire Lower Peninsula
of Michigan as a quarantined area. That
action was necessary to prevent the
artificial spread of the EAB from
infested areas in the State of Michigan
into noninfested areas of the United
States.
Comments on the interim rule were
required to be received on or before
December 1, 2006. We did not receive
any comments. Therefore, for the
reasons given in the interim rule, we are
adopting the interim rule as a final rule.
This action also affirms the
information contained in the interim
rule concerning Executive Order 12866
and the Regulatory Flexibility Act,
Executive Orders 12372 and 12988, and
the Paperwork Reduction Act.
Further, for this action, the Office of
Management and Budget has waived its
review under Executive Order 12866.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
PART 301—DOMESTIC QUARANTINE
NOTICES
Accordingly, we are adopting as a
final rule, without change, the interim
rule that amended 7 CFR part 301 and
that was published at 71 FR 57871–
57873 on October 2, 2006.
I
Done in Washington, DC, this 29th day of
January 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–1720 Filed 2–1–07; 8:45 am]
BILLING CODE 3410–34–P
1 To view the interim rule, go to https://
www.regulations.gov, click on the ‘‘Advanced
Search’’ tab, and select ‘‘Docket Search.’’ In the
Docket ID field, enter APHIS–2006–0131, then click
‘‘Submit.’’ Clicking on the Docket ID link in the
search results page will produce a list of all
documents in the docket.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
4945
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 73
RIN AI04
Relief From Fingerprinting and
Criminal History Records Checks
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC or Commission) is
issuing new regulations to relieve
certain categories of individuals from
the requirement to undergo
fingerprinting, identification, and
criminal history records checks under
section 149 of the Atomic Energy Act of
1954, as amended, (AEA) before being
permitted unescorted access to
radioactive materials or other property
subject to regulation by the Commission
that the Commission determines to be of
such significance to the public health
and safety or the common defense and
security as to warrant such checks.
DATES: This final rule is effective on
February 2, 2007.
FOR FURTHER INFORMATION CONTACT:
Jared K. Heck, Attorney, Office of the
General Counsel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone (301) 415–
1623, e-mail jkh3@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Need for Rule
III. Analysis of Rule
IV. Basis for Immediate Effectiveness and
Dispensing With Notice and Comment
V. Voluntary Consensus Standards
VI. Finding of No Significant Impact:
Availability
VII. Paperwork Reduction Act Statement
VIII. Regulatory Analysis
IX. Backfit Analysis
X. Congressional Review Act
I. Background
On August 8, 2005, Congress enacted
legislation that authorized the
Commission to impose new
requirements governing unescorted
access to certain radioactive material
and other property subject to regulation
by the Commission. Specifically, section
652 of the Energy Policy Act of 2005,
Pub. L. 109–58, which amended AEA
section 149, requires the Commission to
ensure that ‘‘any individual’’ who is
permitted unescorted access to
‘‘radioactive material or other property
subject to regulation by the Commission
that the Commission determines to be of
such significance to the public health
and safety or the common defense and
E:\FR\FM\02FER1.SGM
02FER1
]]>Agencies
[Federal Register Volume 72, Number 22 (Friday, February 2, 2007)]
[Rules and Regulations]
[Pages 4943-4945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1419]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Rules
and Regulations
[[Page 4943]]
NATIONAL SCIENCE FOUNDATION
2 CFR Chapter XXV
45 CFR Parts 620 and 689
[Docket Number: NSF-2006-OGC-0106]
RIN 3145AA47
National Science Foundation Implementation of OMB Guidance on
Nonprocurement Debarment and Suspension
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Science Foundation (NSF) is issuing a new part
2520 on nonprocurement debarment and suspension in title 2 of the Code
of Federal Regulations (CFR). This new part is NSF's implementation of
the Office of Management and Budget's (OMB) guidance provided at 2 CFR
part 180. In light of the new part 2520, NSF removes 45 CFR part 620,
the part containing its implementation of the government-wide common
rule on nonprocurement debarment and suspension. The new part in 2 CFR
serves the same purpose as the common rule, but in a simpler way. NSF
also is amending a provision in its research misconduct rule (45 CFR
part 689) to update the reference to NSF's nonprocurement debarment and
suspension regulations. This final rule is part of OMB's initiative to
streamline and consolidate all federal regulations on nonprocurement
debarment and suspension. It is an administrative simplification that
makes no substantive change in NSF policy or procedures for
nonprocurement debarment and suspension.
DATES: This final rule is effective February 2, 2007.
FOR FURTHER INFORMATION CONTACT: Eric S. Gold, Assistant General
Counsel, Office of the General Counsel, National Science Foundation,
telephone (703) 292-8060 and e-mail egold@nsf.gov.
SUPPLEMENTARY INFORMATION: On May 11, 2004, OMB established title 2 of
the CFR with two subtitles (69 FR 26275). Subtitle A, ``Government-wide
Grants and Agreements,'' contains OMB policy guidance to Federal
agencies on grants and agreements. Subtitle B, ``Federal Agency
Regulations for Grants and Agreements,'' contains Federal agencies'
regulations implementing the OMB guidance, as it applies to grants and
other financial assistance agreements and nonprocurement transactions.
On August 31, 2005, OMB published interim final guidance for
government-wide nonprocurement debarment and suspension in the Federal
Register (70 FR 51863). The guidance is located in title 2 of the CFR
as new subtitle A, chapter 1, part 180. The interim final guidance
updated previous OMB guidance that was issued pursuant to Executive
Order 12549, ``Debarment and Suspension'' (February 18, 1996), which
gave government-wide effect to each agency's nonprocurement debarment
and suspension actions. Section 6 of the Executive order authorized OMB
to issue guidance to Executive agencies on nonprocurement debarment and
suspension, including provisions prescribing government-wide criteria
and minimum due process procedures. Section 3 directed Executive
agencies to issue regulations implementing the Executive order that are
consistent with the OMB guidelines. The interim final guidance at 2 CFR
part 180 conforms the OMB guidance with the Federal agencies' November
26, 2003, update to the common rule on nonprocurement debarment and
suspension (see 70 FR 51864). On November 15, 2006, OMB published a
final rule adopting the interim final guidance with changes (71 FR
66431).
In accordance with OMB's guidance, this final rule places NSF's
nonprocurement debarment regulations in subtitle B of title 2 of the
CFR, along with other agencies' nonprocurement debarment and suspension
rules. The new CFR part 2520 adopts the OMB guidelines with the same
additions and clarifications that NSF made to the common rule on
nonprocurement suspension and debarment in November 2003 [68 FR 66633].
The substance of NSF's nonprocurement debarment and suspension
regulations is unchanged. In light of the new part 2520, NSF is
removing 45 CFR part 620, which is the current location for NSF's
nonprocurement debarment and suspension regulations. NSF is also
amending a provision in its research misconduct rule (45 CFR part 689)
to update the reference to NSF's nonprocurement debarment and
suspension regulations.
Executive Order 12866
OMB has determined this rule to be nonsignificant.
Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))
This regulatory action will not have a significant adverse impact
on a substantial number of small entities.
Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4)
This 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.
Federalism (Executive Order 13132)
This regulatory action does not have Federalism implications, as
set forth in Executive Order 13132. It will 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 2520
Administrative practice and procedure, Debarment and suspension,
Grant programs, Reporting and recordkeeping requirements.
45 CFR Part 620
Administrative practice and procedure, Debarment and suspension,
Grant programs, Reporting and recordkeeping requirements.
45 CFR Part 689
Research misconduct.
[[Page 4944]]
0
Accordingly, under the authority of 42 U.S.C. 1870, NSF amends the Code
of Federal Regulations, Title 2, Subtitle B, and Title 45, Chapter VI,
as follows:
Title 2--Grants and Agreements
0
1. Add Chapter XXV, consisting of Part 2520 to Subtitle B to read as
follows:
Chapter XXV--NATIONAL SCIENCE FOUNDATION
PART 2520--NONPROCUREMENT DEBARMENT AND SUSPENSION
SEC.
2520.10 What does this part do?
2520.20 Does this part apply to me?
2520.30 What policies and procedures must I follow?
Subpart A--General
2520.137 Who in NSF may grant an exception to let an excluded person
participate in a covered transaction?
Subpart B--Covered Transactions
2520.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
2520.332 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
2520.437 What method do I use to communicate to a participant the
requirements described in the OMB guidance at 2 CFR 180.435?
Subparts E-I [Reserved]
Authority: 42 U.S.C. 1870(a); 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.
Sec. 2520.10 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 NSF policies and procedures for nonprocurement debarment
and suspension. It thereby gives regulatory effect for NSF 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).
Sec. 2520.20 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).
(b) Respondent in an NSF suspension or debarment action.
(c) NSF debarment or suspension official.
(d) NSF grants officer, agreements officer, or other official
authorized to enter into any type of nonprocurement transaction that is
a covered transaction.
Sec. 2520.30 What policies and procedures must I follow?
The NSF 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. 2520.220). For
any section of OMB guidance in Subparts A through I of 2 CFR 180 that
has no corresponding section in this part, NSF policies and procedures
are those in the OMB guidance.
Subpart A--General
Sec. 2520.137 Who in NSF may grant an exception to let an excluded
person participate in a covered transaction?
The NSF Director and the Deputy Director have the authority to
grant an exception to let an excluded person participate in a covered
transaction.
Subpart B--Covered Transactions
Sec. 2520.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
Although the OMB guidance at 2 CFR 180.220(c) allows a Federal
agency to do so (also see optional lower tier coverage in the figure in
the Appendix to 2 CFR part 180), NSF does not extend coverage of
nonprocurement suspension and debarment requirements beyond first-tier
procurement contracts under a covered nonprocurement transaction.
Subpart C--Responsibilities of Participants Regarding Transactions
Sec. 2520.332 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. 2520.437 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-I [Reserved]
Title 45--Public Welfare
CHAPTER VI--NATIONAL SCIENCE FOUNDATION
PART 620--[REMOVED]
0
2. Under the authority of 42 U.S.C. 1870(a); Sec. 2455, Pub. L. 103-
355, 108 Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549 (3 CFR, 1986
Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235) part 620 is
removed.
PART 689--[AMENDED]
0
3. The authority citation for part 689 continues to read as follows:
Authority: 42 U.S.C. 1870(a).
0
4. Section 689.8 is amended by revising paragraph (b) to read as
follows:
Sec. 689.8 Interim Administrative Actions
* * * * *
(b) When suspension is determined to be appropriate, the case will
be referred to the suspending official pursuant to 2 CFR Part 180, and
the suspension procedures of 2 CFR Part 180 will be followed, but the
suspending official will be either the Deputy Director or an official
designated by the Deputy Director.
0
5. Section 689.9 is amended by revising paragraph (c)(1) introductory
text to read as follows:
[[Page 4945]]
Sec. 689.9 Dispositions
(c) * * *
(1) In cases in which debarment is considered by OIG to be an
appropriate disposition, the case will be referred to the debarring
official pursuant to 2 CFR part 180 and the procedures of 2 CFR part
180 will be followed, but:
* * * * *
Lawrence Rudolph,
General Counsel.
[FR Doc. E7-1419 Filed 2-1-07; 8:45 am]
BILLING CODE 7555-01-P
