[Federal Register Volume 72, Number 27 (Friday, February 9, 2007)]
[Rules and Regulations]
[Pages 6141-6142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-576]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Rules
and Regulations
[[Page 6141]]
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
2 CFR Part 3254 and 45 CFR Part 1154
RIN 3135-AA21
National Endowment for the Arts Implementation of OMB Guidance on
Nonprocurement Debarment and Suspension
AGENCY: Office of the General Counsel, National Endowment for the Arts,
Arts.
ACTION: Final rule.
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SUMMARY: The National Endowment for the Arts (NEA) implements Office of
Management and Budget (OMB) guidance on nonprocurement suspension and
debarment, issued on August 31, 2005 [70 FR 51863], by adopting the
guidelines in a new part in title 2 of the CFR, the Government-wide
title recently established for OMB guidance on grants and agreements,
and removing 45 CFR part 1154, the part containing the NEA
implementation of the government-wide common rule on nonprocurement
debarment and suspension. This regulatory action would make no
substantive change in NEA policy or procedures for nonprocurement
debarment and suspension.
DATES: Effective Date: The rule will become effective March 12, 2007.
FOR FURTHER INFORMATION CONTACT: National Endowment for the Arts, ATTN:
Federal Register, 1100 Pennsylvania Avenue, NW., Room 518, Washington,
DC 20506; or Laura Nelson, (202) 682-5595.
SUPPLEMENTARY INFORMATION: This final rule implements the OMB guidance
and does not make any changes in current policies and procedures.
Executive Order 12866
This rule is not significant because the replacement of the common
rule with OMB guidance and a brief NEA adopting regulation does not
make any changes in current polices and procedures.
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 in 2 CFR Part 3254
Administrative practice and procedure, Debarment and suspension,
Grant programs, Reporting and recordkeeping requirements.
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Accordingly, under the authority of 20 U.S.C. 959(a)(1), NEA amends
title 2, subtitle B, and title 45, chapter 1154, of the Code of Federal
Regulations as follows:
Title 2--Grants and Agreements
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1. Add Chapter 32 to Subtitle B to read as follows:
CHAPTER 32--NATIONAL ENDOWMENT FOR THE ARTS
PART 3254--NONPROCUREMENT DEBARMENT AND SUSPENSION
Sec.
3254.10 What does this part do?
3254.20 Does this part apply to me?
3254.30 What policies and procedures must I follow?
Subpart A--General
3254.137 Who in the NEA may grant an exception to let an excluded
person participate in a covered transaction?
Subpart B--Covered Transactions
3254.220 What contracts and subcontracts, in addition to those
listed in 2 CFR 180.220, are covered transactions?
Subpart C--Responsibilities of Participants Regarding Transactions
3254.332 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
3254.437 What method do I use to communicate to a participant the
requirements described in the OMB guidance at 2 CFR 180.435?
Subpart E--I [Reserved]
Authority: 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. 3254.10 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 National Endowment for the Arts (NEA) policies and
procedures for nonprocurement debarment and suspension. It thereby
gives regulatory effect for the NEA 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. 3254.20 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.
[[Page 6142]]
(b) Respondent in a NEA suspension or debarment action.
(c) NEA debarment or suspension official;
(d) NEA grants officer, agreements officer, or other official
authorized to enter into any type of nonprocurement transaction that is
a covered transaction;
Sec. 3254.30 What policies and procedures must I follow?
The NEA 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. 3254.220). For
any section of OMB guidance in Subparts A through I of 2 CFR 180 that
has no corresponding section in this part, NEA policies and procedures
are those in the OMB guidance.
Subpart A--General
Sec. 3254.137 Who in the NEA may grant an exception to let an
excluded person participate in a covered transaction?
The NEA Chairman 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. 3254.220 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 options lower tier coverage in the figure in
the Appendix to 2 CFR part 180), NEA 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. 3254.332 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. 3254.437 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.
Subpart E--I [Reserved]
Title 45 Public Welfare--Chapter XI--National Endowment for the Arts
PART 1154--[REMOVED]
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2. Under authority 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 1154 is removed.
Dated: January 31, 2007.
Karen Elias,
Acting General Counsel, National Endowment for the Arts.
[FR Doc. 07-576 Filed 2-8-07; 8:45 am]
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