### U.S. AGENCY FOR INTE RNATIONAL DEVELOPMENT

22 CFR Ch. II

Spring 2011 Semiannual Agenda of Regulations

AGENCY: U.S. Agency for International Development.

ACTION: Semiannual regulatory agenda.

SUMMARY: The U.S. Agency for International Development (USAID) is publishing this agenda as required by Executive Order 12866, “Regulatory Planning and Review” (58 FR 51735, Oct. 4, 1993), as amended by Executiv e Order 13422 (72 FR 2763 Jan.18, 2007), and the Regulatory Flexibility Act. This agenda repo rts the status of those regulations currently under review and gives USAID’s plan for the issuan ce of proposed regulations during the next 12 months. It is expected that the information pr ovided in this agenda will enable the public to be more aware of and to participate more e ffectively in USAID’s regulatory process.

FOR FURTHER INFORMATION CONTACT: For additional information about specific USAID regulatory actions listed in the agenda, you should direct your comments and inquiries to the appropriate agency contact identified in each entry. For general inform ation on the agenda, you should direct your comments and inquiries to George Higginbotham, Bureau for Management, Office of Management Policy, Budget and Performance, United States Agency fo r International Development, Washington, DC 20523; Telephone: (202) 712-1948, Email: ghigginbotham@usaid.gov.

SUPPLEMENTARY INFORMATION: Executive Order 12866, as amended, and the Regulatory Flexibility Act require the semiannual publication in the Federal Register of an agenda of regulations. The complete Unified Agen da is published at www.regulations.gov. The purpose of the agenda is to provide information to the public on regulations currently under review, being proposed, and regulations comple ted or withdrawn by USAID. The Agenda is intended to facilitate comments and views by intere sted members of the public. Publication of the proposed rulemaking actions in the agenda does not impose any obligation on USAID to take any final action with regard to any specific it em. Furthermore, USAID is not precluded from rulemaking activities that are not listed in this agenda. The dates listed in the timetables for specific actions are estimates and are not commi tments to act on or by the particular date.

Dated : February 25, 2011.

NAME: Sean Carroll, Chief Operating Officer, USAID Regulatory Policy Officer.The 14 Regulatory Agendas

Agency for International Development - Proposed Rule

Title Regulation
Identifier
Number

Modification of the USAID Acquisition Regulation by Adding Key Subcontractor Consent Provisions 0412-AA59

Participation by Religious Organizations in USAID Programs 0412-AA69

Agency for International Development - Final Rule

Title Regulation
Identifier
Number

USAID Direct Contracts for Personal Services 0412-AA49

Rules and Procedures Applicable to Commodity Transactions Financed by USAID 0412-AA51

Application of Post-Differential and Danger Pay to Extended Work Weeks Under Cost-Reimbursement Type Contracts 0412-AA56

Various Administrative Changes to the U.S. AIDAR 0412-AA62

Partner Vetting In USAID Acquisitions 0412-AA63

NEPA Determination of USAID Operating Expenses 0412-AA64

U.S. Agency for International Development Implementation of OMB Guidance on Drug-Free Workplace Requirements 0412-AA66

Nonprocurement Debarment and Suspension 0412-AA67

Rules on Source, Origin, and Nationality for Commodities and Services Financed by USAID 0412-AA68

Agency for International Development - Long-term Action

Title Regulation
Identifier
Number

Administration of Grants and Cooperative Agreements 0412-AA21

Transfer of Food Commodities for Food Use and Disaster Relief, Economic Development, and Other Assistance 0412-AA54

Rules on Source, Origin, and Nationality for Commodities and Services Financed by USAID 0412-AA70

Agency for International Development ( AID ) RIN: 0412-AA59

View Related Documents

Title: Modification of the USAID Acquisition Regulation by Adding Key Subcontractor Consent Provisions

Abstract: The United States Agency for International Development is proposing to amend the USAID Acquisition Regulation (AIDAR) by providing additional authority to monitor prime contractor compliance with subcontracting plans. The intent of this amendment is to provide the contracting officer a means for monitoring and assuring that subcontractors who were named in the offeror's proposal and whose contributions were evaluated as part of the proposal evaluation are in fact used in the contract.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 7 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 01/26/2007 72 FR 3778

ANPRM Comment Period End 03/27/2007

NPRM 09/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: UndeterminedFederalism: No
Energy Affected: No

Public Comment URL: www.regulations.gov
Agency Contact: Jennifer Norling Senior Procurement Analyst Agency for International Development

Phone: 202 712 -0206

E-Mail: jnorling@usaid.gov

Agency for International Development ( AID ) RIN: 0412 -AA69

View Related Documents

Title: Participation by Religious Organizations in USAID Programs

Abstract: USAID is revising part 205 to more accurately reflect current Establishment Clause Jurisprudence with respect to the use of Federal Funds for inherently religious activities.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 202; 22 CFR 205; 22 CFR 211; 22 CFR 226 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

RIN Information URL: fbci@usaid.gov Public Comment URL: fbci@usaid.gov
Agency Contact: Heather Maclean Agency for International Development

Phone: 202 712-1559

E-Mail: hmclean@usaid.gov

Agency for International Development ( AID ) RIN: 0412 -AA49

View Related Documents

Title: USAID Direct Contracts for Personal Services

Abstract: Appendix A will replace, in substance, the existing appendix D and J scheduled to be deleted commensurate to this

action.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 7, app A (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Foreign Assistance Act, as amended
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/13/2007 72 FR 6812

NPRM Comment Period End 04/16/2007Final Action 12/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Public Comment URL: www.regulations.gov
Agency Contact: Tom M Henson Senior Procurement Analyst, Office of Acquisition and Assistance Agency for International Development

Phone: 202 712-5448

E-Mail: thenson@usaid.gov

Agency for International Development ( AID ) RIN: 0412 -AA51

View Related Documents

Title: Rules and Procedures Applicable to Commodity Transactions Financed by USAID

Abstract: USAID Regulation 1, 22 CFR 201, is being amended to: 1. Revise the criteria for noncompetitive procurement for private sector programs; 2. Revise the marking requirements to address the use of the new USAID Identity; 3. Revise and add definitions; 4. Revise agency organizational names and acronyms; 5. Reinstate Section 201.13 coverage on ocean transportation costs that was erroneously deleted from prior editions; 6. Provide for advertising public sector procurements over $25,000 in the USAID Procurement Bulletins as the primary means of advertising these procurements to U.S. suppliers (in lieu of advertising public sector procurements over $100,000 in Fed Biz Opps, successor to Commerce Business Daily); 7. Make numerous clarifications and editorial amendments; and 8. Update the Paperwork Reduction Act approvals.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 201 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 22 USC 2381
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/09/2007 72 FR 37139

NPRM Comment Period End 09/07/2007

Final Action 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Public Comment URL: www.regulations.gov

Related RINs: Related to 0412-AA34 Agency Contact: Kenneth Monsess Procurement Analyst Agency for International Development

Phone: 202 712-4913

E-Mail: kmonsess@usaid.gov

Agency for International Development ( AID ) RIN: 0412 -AA56

View Related Documents

Title: Application of Post-Differential and Danger Pay to Extended Work Weeks Under Cost-Reimbursement Type Contracts

Abstract: The USAID Acquisition Regulation will be amended to establish USAID policy on the application of Post-Differential and Danger Pay to extended work weeks under cost-reimbursement type contracts.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: NoCFR Citation: 48 CFR 752 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 22 USC 2381
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/24/2006 71 FR 62229

NPRM Comment Period End 12/26/2006

Final Action 12/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Public Comment URL: www.regulations.gov
Agency Contact: Carol Ketrick Procurement Analyst Agency for International Development

Phone: 202 712-1382

E-Mail: cketrick@usaid.gov

Agency for International Development ( AID ) RIN: 0412 -AA62

View Related Documents

Title: Various Administrative Changes to the U.S. AIDAR

Abstract: The U.S. Agency for International Development (USAID) is amending its Agency for International Development Acquisition Regulation (AIDAR) to specify: 1. The updated name and organizational acronyms for various USAID organizations; 2. The current job title for the Agency's competition advocate; 3. Current agency policy with respect to the use of contractor performance information in source selection actions; 4. Removal of references to an obsolete database of contractor information; 5. The Civilian Board of Contract Appeals (CBCA) to hear and determine appeals under USAID contracts; 6. Addition of new contract clause for Patent Reporting Procedures; 7. Deletion of the contract clause entitled 752.7005, Submission Requirements for Development Experience Information, and reservation of the section and; 8. The current Paperwork Reduction Act approval expirations, as required by the Act. Additionally, miscellaneous updates of internal procedures, clarifications, and editorial amendments are made to better specify the regulation.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: Undetermined

CFR Citation: 48 CFR 7 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 22 USC 2381
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 09/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Kenneth Monsess Agency for International Development

Phone: 202 712-4913

E-Mail: kmonsess@usaid.gov; pastperformance@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA63

View Related Documents

Title: Partner Vetting In USAID AcquisitionsAbstract: The U.S. Agency for International Development (USAID) published a NPRM in June 2009 to establish a Partner Vetting System (PVS) to help ensure that USAID funds and other resources do not inadvertently benefit individuals or entities that are terrorists, supporters of terrorists or affiliated with terrorists. The proposed rule would amend 48 CFR chapter 7 to apply partner vetting to USAID acquisitions.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 7 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/05/2009 74 FR 3494

NPRM Comment Period End 08/25/2009

Final Action 03/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No
Energy Affected: No

Related RINs: Related to 0412-AA61 Agency Contact: Jennifer Norling Agency for International Development

Phone: 202 712-1807

E-Mail: jnorling@usaid.gov

Agency for International Development ( AID ) RIN: 0412 -AA64

View Related Documents

Title: NEPA Determination of USAID Operating Expenses

Abstract: The United States Agency for International Development has established a Directive that provides for categorical exclusions under the National Environmental Policy Act (NEPA) for projects that focus on internal domestic USAID operations at USAID facilities such as routine administrative actions and procurement and deployment of information technology software and systems in existing facilities. The Directive will better align USAID implementation of the CEQ NEPA regulations by providing for the efficient and timely environmental review of routine operations at USAID facilities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: Undetermined Unfunded Mandates: No

CFR Citation: 22 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: NEPA 1969; EO 13423; ARRA 2009
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: Undetermined Agency Contact: George Higginbotham Agency for International Development

Phone: 202 712-1948

E-Mail: ghigginbotham@usaid.gov

Agency for International Development ( AID ) RIN: 0412 -AA66

View Related DocumentsTitle: U.S. Agency for International Development Implementation of OMB Guidance on Drug-Free Workplace Requirements

Abstract: OMB requires each agency to replace the common rule on drug-free workplace requirements for financial assistance that the agency previously issued in 22 CFR part 210 with a brief regulation in 2 CFR adopting the Government wide policies and procedures. This regulatory action implements OMB's initiative to streamline and consolidate into one title of the CFR all federal regulations on drug-free workplace requirements for financial assistance. These changes constitute an administrative simplification that would make no substantive change to USAID's policy or procedures for a drug-free workplace. A Federal solution is required because OMB is imposing this requirement on all Federal agencies. USAID has no alternative to removing 22 CFR part 210. No potential costs are foreseen for this action. One advantage of this approach is that it reduces the total volume of drug-free workplace regulations. A second advantage is that it collocates OMB's guidance and all of the agencies' implementing regulations in 2 CFR.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 210 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Organizations Federalism: No
Energy Affected: No Agency Contact: Melita Yearwood Agency for International Development

Phone: 202 712-5893

E-Mail: myearwood@usaid.gov

Agency for International Development ( AID ) RIN: 0412 -AA67

View Related Documents

Title: Nonprocurement Debarment and Suspension

Abstract: The Office of Management and Budget (OMB) requires each agency to replace their individual common rule on (nonprocurement) debarment and suspension requirements that was previously issued in 22 CFR part 208 with a brief regulation in 2 CFR adopting the Governmentwide policies and procedures. This regulatory action implements OMB's initiative to streamline and consolidate into one title of the CFR all federal regulations on non-procurement debarment and suspension requirements. These changes constitute an administrative simplification that would make no substantive change to USAID's policy or procedures for non-procurement debarment and suspension and eliminates more than 1500 pages of needlessly duplicative regulations from the CFR. The brief adopting parts will enable a reader to review an agency's variations from the Governmentwide guidance and thus collocate OMB's guidance as well as the agencies' implementing regulations in 2 CFR. No potential costs are foreseen for this action.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 208 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined
Legal Deadline:

Action Source Description Date

Other Statutory 02/00/2011

Timetable:

Action Date FR Cite

Direct Final Rule 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Melita Yearwood Agency for International DevelopmentPhone: 202 712-5893

E-Mail: myearwood@usaid.gov

Agency for International Development ( AID ) RIN: 0412 -AA68

View Related Documents

Title: Rules on Source, Origin, and Nationality for Commodities and Services Financed by USAID

Abstract: USAID is amending its regulation on source, origin and nationality for commodities and services financed by USAID: It is removing Laos and Iraq from the list of "foreign policy restricted" countries. Laos and Iraq were removed because the characterization of these countries is no longer justified in light of the normalization of relations that has taken place between the United States and these countries and the their respective contributions toward the achievement of U.S. foreign policy objectives. Laotian and Iraqi individuals, privately owned commercial firms, and nonprofit organizations are now eligible for the USAID procurements subject to the Geographic (Geo) Codes 899*, 935, and 941* (identified in sec. 228.03 below) effective as of the dates specified below.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 228 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Regulatory Flexibility Act, 5 USC 601
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 09/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest. Agency Contact: Kenneth Monsess Agency for International Development

Phone: 202 712-4913

E-Mail: kmonsess@usaid.gov; pastperformance@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA21

View Related Documents

Title: Administration of Grants and Cooperative Agreements

Abstract: This regulation will implement the Governmentwide uniform administrative requirements for grants and agreements with institutions of higher education, hospitals, and other nonprofit organizations issued by the Office of Management and Budget.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 226 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 22 USC 2381
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 01/19/1995 60 FR 3743

Interim Final Rule Effective 02/21/1995

Interim Final Rule Comment Period End 03/20/1995

Final Action 06/00/2012Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Organizations Federalism: No

Public Comment URL: www.regulations.gov
Agency Contact: Michael Gushue Senior Procurement Analyst Agency for International Development

Phone: 202 712 -5831

E-Mail: mgushue@usaid.gov

Agency for International Development ( AID ) RIN: 0412 -AA54

View Related Documents

Title: Transfer of Food Commodities for Food Use and Disaster Relief, Economic Development, and Other Assistance

Abstract: 22 CFR 211 is being rewritten in order to update guidance to reflect changes in the 1996 and 2002 Farm Bills as well as to revise financial and programmatic reporting requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 211 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 7 USC 1726(a)(c)
Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 08/19/2004 69 FR 51404

ANPRM Comment Period End 09/18/2004

NPRM 06/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No

Public Comment URL: www.regulations.gov
Agency Contact: Ms. Juli Majernik
Food for Peace Officer Agency for International Development

Phone: 202 712-4088

Agency for International Development ( AID ) RIN: 0412 -AA70

View Related Documents

Title: Rules on Source, Origin, and Nationality for Commodities and Services Financed by USAID

Abstract: This Rule makes the necessary changes to USAID's rules on Source, Origin, and Nationality (S/O/N), in furtherance of a USAID initiative to revise these rules in order to reduce the burden of procurement processes for USAID and contractors and grantees implementing USAID-funded development assistance activities and programs. In particular, USAID wishes to simplify Agency S/O/N procedures as implemented in 22 CFR part 228 and align them more closely with statutory procurement

authorities.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action
Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 228.03 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 87-195, The Foreign Assistant Act of 1961, as amended
Legal Deadline:

Action Source Description Date

Other Statutory ANPRMTimetable:

Action Date FR Cite

Next Action Undetermined

ANPRM 02/16/2011 76 FR 8961

ANPRM Comment Period End 04/04/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest. Agency Contact: John Niemeyer Attorney-Advisor Agency for International Development

Phone: 202 712 -4776

E-Mail: jniemeyer@usaid.gov