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.

Rules and Regulations Federal Register

34983 

Vol. 72, No. 122 

Tuesday, June 26, 2007 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DoD–2006–OS–0137] 

RIN 0790–AH97 

2 CFR Part 1125 

32 CFR Parts 21, 22, 25, 32, 33, 34 and 

37 

Nonprocurement Debarment and 

Suspension 

AGENCY: Office of the Secretary, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of Defense 

(DoD) is revising the DoD Grant and 

Agreement Regulations (DoDGARs) to 

adopt and implement Office of 

Management and Budget (OMB) 

guidance on nonprocurement 

suspension and debarment and to make 

needed technical corrections. DoD is 

adopting and implementing the OMB 

guidance in a new part in title 2 of the 

CFR, the Governmentwide title recently 

established for OMB guidance and 

agencies’ implementing regulations on 

grants and agreements. The Department 

also is removing the common rule on 

nonprocurement suspension and 

debarment that is in 32 CFR, Chapter I, 

Subchapter C, since the common rule is 

superseded by the new part 

implementing the OMB guidance. 

Adopting and implementing the OMB 

guidance and removing the common 

rule completes the DoD actions that the 

OMB guidance specifies. This regulatory 

action also is the first step toward 

relocating all of the DoDGARs to 2 CFR. 

DATES: This final rule is effective on 

August 27, 2007 without further action. 

Submit comments by July 26, 2007 on 

any unintended changes this action 

makes in DoD policies and procedures 

for nonprocurement debarment and 

suspension. All comments on 

unintended changes will be considered 

and, if warranted, DoD will revise the 

rule. 

ADDRESSES: You may submit comments, 

identified by docket number and or RIN 

number and title, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Mark Herbst, (703) 588–1377 or 

mark.herbst@osd.mil. 

SUPPLEMENTARY INFORMATION: 

Governmentwide Context for This DoD 

Regulatory Action 

This DoD regulatory action is part of 

a Governmentwide initiative to 

streamline and simplify the Federal 

Government’s policy framework for 

grants and agreements. As part of this 

initiative, OMB established a new title 

2 of the CFR for grants and agreements 

[69 FR 26276, May 11, 2004], a step 

recommended by an interagency work 

group helping to implement the Federal 

Financial Assistance Management 

Improvement Act of 1999 (Pub. L. 106– 

107). The primary purpose of the title is 

to co-locate OMB circulars and other 

guidance on grants and agreements with 

Federal agencies’ regulations 

implementing those OMB issuances. 

The Federal Register notice 

establishing 2 CFR also stated that OMB 

would issue in that new title 

Governmentwide guidance on 

nonprocurement debarment and 

suspension in a form that agencies 

could adopt by regulation. That 

approach enables a Federal agency to 

implement the guidance without having 

to repeat the full text, as it must do with 

a common rule. Instead, the agency’s 

brief adopting regulation just needs to 

state any agency-specific additions and 

clarifications to the guidance. The 

approach is similar to the one that OMB 

and the agencies have used to 

implement the Governmentwide cost 

principles in OMB Circulars A–21, A– 

87, and A–122, and the audit guidance 

in OMB Circular A–133. 

This new approach has two major 

advantages. First, it will reduce the 

volume of Federal regulations. We 

estimate that today’s regulatory action 

reduces the volume of the DoDGARs by 

about eight percent. Second, the brief 

adopting part makes it easy for the 

affected public to identify an agency’s 

additions and clarifications to the 

Governmentwide policies and 

procedures, something that was difficult 

with the common rule. 

DoD Implementation of the OMB 

Guidance on Nonprocurement 

Suspension and Debarment 

DoD is taking three steps in this 

regulatory action to implement the OMB 

guidance. First, DoD is establishing 

Chapter XI, ‘‘Department of Defense,’’ in 

Subtitle B of 2 CFR, where all of the 

DoDGARs ultimately will be located. 

Second, it is adding a new part 1125 to 

Chapter XI, as the brief part to adopt the 

OMB guidance and state DoD-specific 

additions and clarifications. Third, it is 

removing 32 CFR part 25, the part 

containing the common rule on 

nonprocurement debarment and 

suspension that the OMB guidance 

supersedes. 

Technical Corrections to the DoD Grant 

and Agreement Regulations 

The technical corrections that DoD is 

making to the DoDGARs through this 

regulatory action accomplish two 

purposes. First, they replace the 

references to 32 CFR part 25 that 

appeared in other DoDGARs parts with 

references to the OMB guidance, as 

implemented by the new 2 CFR part 

1125 (see amendment numbers 2.d, 3.b, 

3.d–f, 3.i, 5.b–f, 6.b, 7.b–d, and 8.b–d 

following this preamble). Second, they 

correct typesetting errors made to some 

DoDGARs parts in an August 2005 

Federal Register notice [70 FR 49460] 

(see amendment numbers 2.c, 3.c, 3.e– 

h, and 8.c following this preamble). 

Administrative Procedure Act 

Under the Administrative Procedure 

Act (5 U.S.C. 553) agencies generally 


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34984 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Rules and Regulations 

offer interested parties the opportunity 

to comment on proposed regulations 

before they become effective. However, 

in this case, the substance of the 

regulation already has been subject to 

comment on two occasions. The first 

occasion was through DoD’s adoption of 

the update to the Governmentwide 

nonprocurement debarment and 

suspension common rule that recast the 

regulation in plain English and made 

other needed changes. DoD proposed 

that regulation for comment on January 

23, 2002 [67 FR 3265], before adopting 

the final rule on November 26, 2003 [68 

FR 65534]. As permitted by OMB, DoD 

made a few agency-specific additions 

and clarifications to the 

Governmentwide wording when it 

adopted the common rule. 

The second opportunity to comment 

was through OMB’s conversion of the 

substance of the Governmentwide 

common rule to guidance suitable for 

agency adoption. OMB issued the 

guidance in interim final form on 

August 31, 2005 [70 FR 51863], with an 

opportunity for comment. It then issued 

the final guidance on November 15, 

2006 [71 FR 66431]. 

Adopting 2 CFR part 1125 as a direct 

final rule constitutes an administrative 

simplification that makes no substantive 

changes to DoD policy or procedures for 

nonprocurement debarment and 

suspension. The new part includes the 

same agency-specific additions and 

clarifications to the OMB guidance that 

DoD made when it adopted the 

Governmentwide common rule in 2003. 

The substance of this final rule therefore 

is unchanged from what was adopted 

previously with opportunity for 

comment. 

Accordingly, the Department finds 

that the solicitation of public comments 

on this direct final rule is unnecessary 

and that ‘‘’good cause’’’ exists under 5 

U.S.C. 553(b)(B) and 553(d) to make this 

rule effective on August 27, 2007 

without further action. 

Invitation To Comment 

Although it is not necessary, DoD is 

providing an opportunity for comment. 

In doing so, we are not seeking to revisit 

substantive issues that were resolved 

during the adoption of the final 

common rule in 2003. Rather, we 

specifically invite comments only on 

any unintended substantive changes 

that the new 2 CFR part 1125 makes 

relative to DoD policy and procedures in 

32 CFR part 25, the part that it is 

supersedes. If any comments identifying 

unintended substantive changes are 

received by July 26, 2007, the 

Department will make any amendments 

to the final rule that are warranted. 

Executive Order 12866 

This rule is not significant because 

the replacement of the common rule 

with OMB guidance and a brief DoD 

adopting regulation does not make any 

changes in current policies 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 proposed 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 1125 

Administrative practice and 

procedure, Debarment and suspension, 

Grant programs, Reporting and 

recordkeeping requirements. 

32 CFR Part 21 

Grant programs, Reporting and 

recordkeeping requirements. 

32 CFR Part 22 

Accounting, Grant programs, Grant 

programs—education, Reporting and 

recordkeeping requirements. 

32 CFR Part 25 

Administrative practice and 

procedure, Grant programs, Loan 

programs, Reporting and recordkeeping 

requirements. 

32 CFR Part 32 

Accounting, Colleges and universities, 

Grant programs, Hospitals, Nonprofit 

organizations, Reporting and 

recordkeeping requirements. 

32 CFR Part 33 

Grant programs, Indians, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

32 CFR Part 34 

Accounting, Government property, 

Grant programs, Nonprofit 

organizations, Reporting and 

recordkeeping requirements. 

32 CFR Part 37 

Accounting, administrative practice 

and procedure, Grant programs, Grants 

administration, Reporting and 

recordkeeping requirements. 

■ Accordingly, under the authority of 5 

U.S.C. 301 and 10 U.S.C. 113, the 

Department of Defense amends the Code 

of Federal Regulations, Title 2, Subtitle 

B, and Title 32, Chapter I, Subchapter C, 

to read as follows: 

Title 2—Grants and Agreements 

■ 1. Chapter XI, consisting of part 1125, 

to Subtitle B is added to read as follows: 

Chapter XI—Department of Defense 

PART 1125—NONPROCUREMENT 

DEBARMENT AND SUSPENSION 

Sec. 

1125.10 What does this part do? 

1125.20 Does this part implement the OMB 

guidance in 2 CFR part 180 for all DoD 

nonprocurement transactions? 

1125.30 Does this part apply to me? 

1125.40 What policies and procedures must 

I follow? 

Subpart A—General 

1125.137 Who in the Department of Defense 

may grant an exception to let an 

excluded person participate in a covered 

transaction? 

Subpart B—Covered Transactions 

1125.220 What contracts and subcontracts, 

in addition to those listed in 2 CFR 

180.220, are covered transactions? 

Subpart C—Responsibilities of Participants 

Regarding Transactions 

1125.332 What method must I use to pass 

requirements down to participants at 

lower tiers with whom I intend to do 

business? 

Subpart D—Responsibilities of DoD 

Officials Regarding Transactions 

1125.425 When do I check to see if a person 

is excluded or disqualified? 

1125.437 What method do I use to 

communicate to a participant the 

requirements described in the OMB 

guidance at 2 CFR 180.435? 

Subpart E—H [Reserved] 

Subpart I—Definitions 

1125.930 Debarring official (DoD 

supplement to Governmentwide 

definition at 2 CFR 180.930). 


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1125.937 DoD Component. 

1125.1010 Suspending official (DoD 

supplement to Governmentwide 

definition at 2 CFR 180.1010). 

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; 5 U.S.C. 301 and 10 U.S.C. 113. 

§ 1125.10 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 Defense 

(DoD) policies and procedures for 

nonprocurement debarment and 

suspension. It thereby gives regulatory 

effect for the Department of Defense 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). 

§ 1125.20 Does this part implement the 

OMB guidance in 2 CFR part 180 for all DoD 

nonprocurement transactions? 

This part implements the OMB 

guidelines in 2 CFR part 180 for most 

DoD nonprocurement transactions. 

However, it does not implement the 

guidelines as they apply to prototype 

projects under the authority of Section 

845 of the National Defense 

Authorization Act for Fiscal Year 1994 

(Pub. L. 103–160), as amended. The 

Director of Defense Procurement and 

Acquisition Policy maintains a DoD 

issuance separate from this part that 

addresses section 845 transactions. 

§ 1125.30 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 

of this part), other than a section 845 

transaction described in § 1125.20; 

(b) Respondent in a DoD Component’s 

nonprocurement suspension or 

debarment action; 

(c) DoD Component’s debarment or 

suspension official; or 

(d) DoD Component’s grants officer, 

agreements officer, or other official 

authorized to enter into a 

nonprocurement transaction that is a 

covered transaction. 

§ 1125.40 What policies and procedures 

must I follow? 

(a) General. You must follow the 

policies and procedures specified in 

applicable sections of the OMB 

guidance in Subparts A through I of 2 

CFR part 180, as implemented by this 

part. 

(b) Specific sections of OMB guidance 

that this part supplements. In 

implementing the OMB guidance in 2 

CFR part 180, this part supplements 

eight sections of the guidance, as shown 

in the following table. For each of those 

sections, you must follow the policies 

and procedures in the OMB guidance, as 

supplemented by this part. 

Section of OMB guidance 

Section in this 

part where 

supplemented 

What the supplementation clarifies 

(1) 2 CFR 180.135 ....................................................... § 1125.137 Who in DoD may grant an exception for an excluded person to participate in a covered transaction. 

(2) 2 CFR 180.220 ....................................................... § 1125.220 Which lower-tier contracts under a nonprocurement transaction are 

covered transactions. 

(3) 2 CFR 180.330 ....................................................... § 1125.332 What method a participant must use to communicate requirements to a 

lower-tier participant. 

(4) 2 CFR 180.425 ....................................................... § 1125.425 When a DoD awarding official must check to see if a person is excluded or disqualified. 

(5) 2 CFR 180.435 ....................................................... § 1125.437 What method a DoD official must use to communicate requirements to 

a participant. 

(6) 2 CFR 180.930 ....................................................... § 1125.930 Which DoD officials are debarring officials. 

(7) 2 CFR 180.1010 ..................................................... § 1125.1010 Which DoD officials are suspending officials.

(c) Sections of the OMB guidance that 

this part does not supplement. For any 

section of OMB guidance in Subparts A 

through I of 2 CFR 180 that is not listed 

in paragraph (b) of this section, DoD 

policies and procedures are the same as 

those in the OMB guidance. 

Subpart A—General 

§ 1125.137 Who in the Department of 

Defense may grant an exception to let an 

excluded person participate in a covered 

transaction? 

Within the Department of Defense, the 

Secretary of Defense, Secretary of a 

Military Department, Head of a Defense 

Agency, Head of the Office of Economic 

Adjustment, and Head of the Special 

Operations Command have 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 

§ 1125.220 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), the Department of Defense 

does not extend coverage of 

nonprocurement suspension and 

debarment requirements beyond firsttier procurement contracts under a 

covered nonprocurement transaction. 

Subpart C—Responsibilities of 

Participants Regarding Transactions 

§ 1125.332 What method must I use to 

pass requirements down to participants at 

lower tiers with whom I intend to do 

business? 

You as a participant in a covered 

transaction must include a term or 

condition in any lower-tier covered 

transaction into which you enter, to 

require the participant of that 

transaction to—

(a) Comply with Subpart C of the 

OMB guidance in 2 CFR part 180; and 

(b) Include a similar term or condition 

in any covered transaction into which it 

enters at the next lower tier. 


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6This OMB policy directive is available at the 

Internet site http://www.whitehouse.gov/omb/ 

grants/grants_docs.html. 

Subpart D—Responsibilities of DoD 

Officials Regarding Transactions 

§ 1125.425 When do I check to see if a 

person is excluded or disqualified? 

In addition to the four instances 

identified in the OMB guidance at 2 

CFR 180.425, you as a DoD Component 

official must check to see if a person is 

excluded or disqualified before you 

obligate additional funding (e.g., 

through an incremental funding action) 

for a pre-existing grant or cooperative 

agreement with an institution of higher 

education, as provided in 32 CFR 

22.520(e)(5). 

§ 1125.437 What method do I use to 

communicate to a participant the 

requirements described in the OMB 

guidance at 2 CFR 180.435? 

You as a DoD Component official 

must include a term or condition in 

each covered transaction into which you 

enter, to communicate to the participant 

the requirements to—

(a) Comply with subpart C of 2 CFR 

part 180, as supplemented by Subpart C 

of this part; and 

(b) Include a similar term or condition 

in any lower-tier covered transactions 

into which the participant enters. 

Subpart E–H—[Reserved] 

Subpart I—Definitions 

§ 1125.930 Debarring official (DoD 

supplement to Governmentwide definition 

at 2 CFR 180.930). 

DoD Components’ debarring officials 

for nonprocurement transactions are the 

same officials identified in 48 CFR part 

209, subpart 209.4, as debarring officials 

for procurement contracts. 

§ 1125.937 DoD Component 

In this part, DoD Component means 

the Office of the Secretary of Defense, a 

Military Department, a Defense Agency, 

a DoD Field Activity, or any other 

organizational entity of the Department 

of Defense that is authorized to award 

or administer grants, cooperative 

agreements, or other nonprocurement 

transactions. 

§ 1125.1010 Suspending official (DoD 

supplement to Governmentwide definition 

at 2 CFR 180.1010). 

DoD Components’ suspending 

officials for nonprocurement 

transactions are the same officials 

identified in 48 CFR part 209, subpart 

209.4, as suspending officials for 

procurement contracts. 

Title 32—National Defense 

PART 21—DOD GRANTS AND 

AGREEMENTS—GENERAL MATTERS 

■ 1. The authority citation for part 21 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 10 U.S.C. 113. 

■ 2. Section 21.330 is amended by 

revising paragraph (a) to read as follows: 

§ 21.330 How are the DoDGARs published 

and maintained? 

(a) The DoD publishes the DoDGARs 

in the Code of Federal Regulations 

(CFR) and in a separate internal DoD 

document (DoD 3210.6–R). 

(1) The location of the DoDGARs in 

the CFR currently is in transition. They 

are moving from Chapter I, Subchapter 

C, Title 32, to a new location in Chapter 

XI, Title 2 of the CFR. During the 

transition, there will be some parts of 

the DoDGARs in each of the two titles. 

(2) The DoD document is divided into 

parts, subparts, and sections, to parallel 

the CFR publication. Cross references 

within the DoD document are stated as 

CFR citations (e.g., a reference to section 

21.215 in part 21 would be to 32 CFR 

21.215), which also is how they are 

stated in the CFR publication of the 

DoDGARs. 

* * * * * 

■ 3. Section 21.565 is revised to read as 

follows: 

§ 21.565 Must DoD Components’

electronic systems accept Data Universal 

Numbering System (DUNS) numbers? 

The DoD Components must comply 

with paragraph 5.e of the Office of 

Management and Budget (OMB) policy 

directive entitled, ‘‘Requirement for a 

DUNS number in Applications for 

Federal Grants and Cooperative 

Agreements.’’ 6 Paragraph 5.e requires 

electronic systems that handle 

information about grants and 

cooperative agreements (which, for the 

DoD, include Technology Investment 

Agreements) to accept DUNS numbers. 

Each DoD Component that awards or 

administers grants or cooperative 

agreements must ensure that DUNS 

numbers are accepted by each such 

system for which the DoD Component 

controls the system specifications. If the 

specifications of such a system are 

subject to another organization’s control 

and the system can not accept DUNS 

numbers, the DoD Component must 

alert that organization to the OMB 

policy directive’s requirement for use of 

DUNS numbers with a copy to: Director 

for Basic Sciences, ODDR&E, 3040 

Defense Pentagon, Washington, DC 

20301–3040. 

■ 4. Appendix A to part 21 is revised to 

read as follows: 

BILLING CODE 5001–06–P 


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Appendix A to Part 21—Instruments to 

Which DoDGARs Portions Apply 

BILLING CODE 5001–06–C 


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34988 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Rules and Regulations 

PART 22—DOD GRANTS AND 

AGREEMENTS—AWARD AND 

ADMINISTRATION 

■ 5. The authority citation for part 22 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 10 U.S.C. 113. 

■ 6. Section 22.100 is amended by 

revising paragraph (b)(1) to read as 

follows: 

§ 22.100 Purpose, relation to other parts, 

and organization. 

* * * * * 

(b) * * * 

(1) The DoD implementation, in 2 

CFR part 1125, of OMB guidance on 

nonprocurement debarment and 

suspension. 

* * * * * 

■ 7. Section 22.315 is amended by: 

■ a. Revising paragraph (a)(2) to read as 

follows; and 

■ b. Revising footnotes 2, 3, and 4 to 

read as follows: 

§ 22.315 Merit-based, competitive 

procedures. 

* * * * * 

(a) * * * 

(2) In accordance with that OMB 

policy directive, DoD Components also 

must post on the Internet any notice 

under which domestic entities may 

submit proposals, if the distribution of 

the notice is unlimited. DoD 

Components are encouraged to 

simultaneously publish the notice in 

other media (e.g., the Federal Register), 

if doing so would increase the 

likelihood of its being seen by potential 

proposers. If a DoD Component issues a 

specific notice with limited distribution 

(e.g., for national security 

considerations), the notice need not be 

posted on the Internet. 

* * * * * 2This OMB policy directive is available at 

the Internet site http://www.whitehouse.gov/ 

omb/grants/grants_docs.html (the link is 

‘‘Final Policy Directive on Financial 

Assistance Program Announcements’’). 3This OMB policy directive is available at 

the Internet site http://www.whitehouse.gov/ 

omb/grants/grants_docs.html (the link is 

‘‘Office of Federal Financial Management 

Policy Directive on Use of Grants.Gov 

FIND’’). 4This OMB policy directive is available at 

the Internet site http://www.whitehouse.gov/ 

omb/grants/grants_docs.html (the link is 

‘‘Use of a Universal Identifier by Grant 

Applicants’’). 

§ 22.405 [Amended] 

■ 8. Section 22.405, paragraph (a) is 

amended by revising ‘‘Governmentwide 

policy, stated at 32 CFR 25.110(a), to do 

business only with responsible persons’’

to read ‘‘Governmentwide policy to do 

business only with responsible persons, 

which is stated in OMB guidance at 2 

CFR 180.125(a) and implemented by the 

Department of Defense in 2 CFR part 

1125’’. 

■ 9. Section 22.420 is amended by 

revising paragraph (c)(1) to read as 

follows: 

§ 22.420 Pre-award procedures. 

* * * * * 

(c) * * * 

(1) Is not identified in the 

Governmentwide Excluded Parties List 

System (EPLS) as being debarred, 

suspended, or otherwise ineligible to 

receive the award. In addition to being 

a requirement for every new award, note 

that checking the EPLS also is a 

requirement for subsequent obligations 

of additional funds, such as incremental 

funding actions, in the case of preexisting awards to institutions of higher 

education, as described at 32 CFR 

22.520(e)(5). The grants officer’s 

responsibilities include (see the OMB 

guidance at 2 CFR 180.425 and 180.430, 

as implemented by the Department of 

Defense at 2 CFR 1125.425) checking the 

EPLS for: 

(i) Potential recipients of prime 

awards; and 

(ii) A recipient’s principals (as 

defined in OMB guidance at 2 CFR 

180.995, implemented by the 

Department of Defense in 2 CFR part 

1125), potential recipients of subawards, 

and principals of those potential 

subaward recipients, if DoD Component 

approval of those principals or lowertier recipients is required under the 

terms of the award (e.g., if a subsequent 

change in a recipient’s principal 

investigator or other key person would 

be subject to the DoD Component’s prior 

approval under 32 CFR 32.25(c)(2), 

33.30(d)(3), or 34.15(c)(2)(i)). 

* * * * * 

■ 10. Section 22.520 is amended by 

revising: 

■ a. Paragraphs (c)(3) and (4); 

■ b. Paragraph (d)(1); 

■ c. Paragraphs (e)(1), (3), (4), (5) 

introductory text, (5)(i), and (5)(ii); and 

■ d. Paragraph (f)(2) 

§ 22.520 Campus access for military 

recruiting and Reserve Officer Training 

Corps (ROTC). 

* * * * * 

(c) * * * 

(3) The Secretary of a Military 

Department or Secretary of Homeland 

Security from gaining access to 

campuses, or access to students (who 

are 17 years of age or older) on 

campuses, for purposes of military 

recruiting in a manner that is at least 

equal in quality and scope to the access 

to campuses and to students that is 

provided to any other employer; or 

(4) Access by military recruiters for 

purposes of military recruiting to the 

following information pertaining to 

students (who are 17 years of age or 

older) enrolled at that institution (or any 

subelement of that institution): 

(i) Names, addresses, and telephone 

listings. 

(ii) Date and place of birth, levels of 

education, academic majors, degrees 

received, and the most recent 

educational institution enrolled in by 

the student. 

(d) Policy—(1) Applicability to 

cooperative agreements. As a matter of 

DoD policy, the restrictions of 10 U.S.C. 

983, as implemented by 32 CFR part 

216, apply to cooperative agreements, as 

well as grants. 

(2) * * * 

(e) Grants officers’ responsibilities. (1) 

A grants officer shall not award any 

grant or cooperative agreement to an 

institution of higher education that has 

been identified pursuant to the 

procedures of 32 CFR part 216. Such 

institutions are identified as being 

ineligible on the Governmentwide 

Excluded Parties List System (EPLS). 

The cause and treatment code on the 

EPLS indicates the reason for an 

institution’s ineligibility, as well as the 

effect of the exclusion. Note that OMB 

guidance in 2 CFR 180.425 and 180.430, 

as implemented by the Department of 

Defense at 2 CFR part 1125, require a 

grants officer to check the EPLS prior to 

determining that a recipient is qualified 

to receive an award. 

(2) * * * 

(3) A grants officer shall include the 

following award term in each grant or 

cooperative agreement with an 

institution of higher education (note 

that this requirement does not flow 

down and that recipients are not 

required to include the award term in 

subawards): 

‘‘As a condition for receipt of funds 

available to the Department of Defense (DoD) 

under this award, the recipient agrees that it 

is not an institution of higher education (as 

defined in 32 CFR part 216) that has a policy 

or practice that either prohibits, or in effect 

prevents: 

(A) The Secretary of a Military Department 

from maintaining, establishing, or operating 

a unit of the Senior Reserve Officers Training 

Corps (in accordance with 10 U.S.C. 654 and 

other applicable Federal laws) at that 

institution (or any subelement of that 

institution); 

(B) Any student at that institution (or any 

subelement of that institution) from enrolling 

in a unit of the Senior ROTC at another 

institution of higher education; 

(C) The Secretary of a Military Department 

or Secretary of Homeland Security from 


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10The ‘‘Federal Directory of Contract 

Administration Services (CAS) Components’’ may 

be accessed through the Defense Contract 

Management Agency hompage at http:// 

www.dcma.mil. 

14See footnote 13 to § 22.715(a)(4). 

gaining access to campuses, or access to 

students (who are 17 years of age or older) 

on campuses, for purposes of military 

recruiting in a manner that is at least equal 

in quality and scope to the access to 

campuses and to students that is provided to 

any other employer; or 

(D) Access by military recruiters for 

purposes of military recruiting to the names 

of students (who are 17 years of age or older 

and enrolled at that institution or any 

subelement of that institution); their 

addresses, telephone listings, dates and 

places of birth, levels of education, academic 

majors, and degrees received; and the most 

recent educational institutions in which they 

were enrolled. 

If the recipient is determined, using the 

procedures in 32 CFR part 216, to be such an 

institution of higher education during the 

period of performance of this agreement, the 

Government will cease all payments of DoD 

funds under this agreement and all other DoD 

grants and cooperative agreements to the 

recipient, and it may suspend or terminate 

such grants and agreements unilaterally for 

material failure to comply with the terms and 

conditions of award.’’

(4) If an institution of higher 

education refuses to accept the award 

term in paragraph (e)(3) of this section, 

the grants officer shall: 

(i) Determine that the institution is 

not qualified with respect to the award. 

The grants officer may award to an 

alternative recipient. 

(ii) Transmit the name of the 

institution, through appropriate 

channels, to the Director for Accession 

Policy, Office of the Deputy Under 

Secretary of Defense for Military 

Personnel Policy (ODUSD(MPP)), 4000 

Defense Pentagon, Washington, DC 

20301–4000. This will allow 

ODUSD(MPP) to decide whether to 

initiate an evaluation of the institution 

under 32 CFR part 216, to determine 

whether it is an institution that has a 

policy or practice described in 

paragraph (c) of this section. 

(5) With respect to any pre-existing 

award to an institution of higher 

education that currently is listed on the 

EPLS pursuant to a determination under 

32 CFR part 216, a grants officer: 

(i) Shall not obligate additional funds 

available to the DoD for the award. A 

grants officer therefore must check the 

EPLS before approving an incremental 

funding action or other additional 

funding for any pre-existing award to an 

institution of higher education. The 

grants officer may not obligate the 

additional funds if the cause and 

treatment code indicates that the reason 

for an institution’s EPLS listing is a 

determination under 32 CFR part 216 

that institutional policies or practices 

restrict campus access of military 

recruiters or ROTC. 

(ii) Shall not approve any request for 

payment submitted by such an 

institution (including payments for 

costs already incurred). 

(iii) * * * 

(f) * * * 

(2) Awarding offices in DoD 

Components that may be identified from 

data in the Defense Assistance Awards 

Data System (see 32 CFR 21.520 through 

21.555) as having awards with such 

institutions for which post-award 

payment administration was not 

delegated to ONR. The ONR is to alert 

those offices to their responsibilities 

under paragraph (e)(5) of this section. 

■ 11. Section 22.710 is amended by 

revising the introductory text to read as 

follows: 

§ 22.710 Assignment of grants 

administration offices. 

In accordance with the policy stated 

in § 22.705(b), the DoD offices (referred 

to in this part as ‘‘grants administration 

offices’’) that are assigned responsibility 

for performing field administration 

services for grants and cooperative 

agreements are (see the ‘‘Federal 

Directory of Contract Administration 

Services (CAS) Components’’ 10 for 

specific addresses of administration 

offices): 

* * * * * 

■ 12. Section 22.715 is amended by 

revising paragraph (a)(4) to read as 

follows: 

§ 22.715 Grants administration office 

functions. 

* * * * * 

(a) * * * 

(4) Issuing timely management 

decisions, in accordance with DoD 

Directive 7640.2, ‘‘Policy for Follow-up 

on Contract Audit Reports,’’ 13 on single 

audit findings referred by the OIG, DoD, 

under DoD Directive 7600.10, ‘‘Audits 

of States, Local Governments, and NonProfit Organizations.’’ 14

* * * * * 

■ 13. Appendix B to part 22 is revised 

to read as follows: 

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Appendix B to Part 22—Suggested 

Award Provisions for National Policy 

Requirements that Often Apply 


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BILLING CODE 5001–06–C 


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PART 25—[REMOVED] 

■ 14. Under the authority of 5 U.S.C. 

301, 32 CFR part 25 is removed. 

PART 32—ADMINISTRATIVE 

REQUIREMENTS FOR GRANTS AND 

AGREEMENTS WITH INSTITUTIONS 

OF HIGHER EDUCATION, HOSPITALS, 

AND OTHER NON-PROFIT 

ORGANIZATIONS 

■ 15. The authority citation for part 32 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 10 U.S.C. 113. 

■ 16. Section 32.2 is amended by 

revising the introductory text and the 

definition of ‘‘suspension’’ to read as 

follows: 

§ 32.2 Definitions. 

The following are definitions of terms 

used in this part. Grants officers are 

cautioned that terms may be defined 

differently in this part than they are in 

other parts of the DoD Grant and 

Agreement Regulations, because this 

part implements OMB Circular A–110 

and uses definitions as stated in that 

Circular. In such cases, the definition 

given in this section applies to the term 

as it is used in this part, and the 

definition given in other parts applies to 

the term as it is used in those parts. For 

example, ‘‘suspension’’ is defined in 

this section to mean temporary 

withdrawal of Federal sponsorship 

under an award, but is defined in the 

part of the DoD Grant and Agreement 

Regulations on nonprocurement 

suspension and debarment (2 CFR part 

1125, which implements OMB guidance 

at 2 CFR part 180) to be an action taken 

to exclude a person from participating 

in a grant, cooperative agreement, or 

other covered transaction (see definition 

at 2 CFR 180.1015). 

* * * * * 

Suspension. An action by a DoD 

Component that temporarily withdraws 

Federal sponsorship under an award, 

pending corrective action by the 

recipient or pending a decision to 

terminate the award by the DoD 

Component. Suspension of an award is 

a separate action from suspension of a 

participant under 2 CFR part 1125. 

* * * * * 

■ 17. Section 32.13 is revised to read as 

follows: 

§ 32.13 Debarment and suspension. 

DoD Components and recipients shall 

comply with the policy and procedural 

requirements in the OMB guidance on 

nonprocurement debarment and 

suspension (2 CFR part 180), as 

implemented by the Department of 

Defense in 2 CFR part 1125. Those 

policies and procedures restrict 

subawards and contracts with certain 

parties that are debarred, suspended or 

otherwise excluded from or ineligible 

for participation in Federal assistance 

programs or activities. 

§ 32.44 [Amended] 

■ 18. Paragraph (d) of § 32.44 is 

amended in the third sentence by 

revising ‘‘contracts with certain parties 

are restricted by the DoD 

implementation, in 32 CFR part 25, of 

E.O.s 12549 (3 CFR, 1986 Comp., p. 189) 

and 12689 (3 CFR, 1989 Comp., p. 235), 

‘‘Debarment and Suspension’’ to read 

‘‘contracts with certain parties are 

restricted by the DoD implementation, 

in 2 CFR part 1125, of OMB guidance 

on nonprocurement debarment and 

suspension (2 CFR part 180)’’. 

§ 32.62 [Amended] 

■ 19. Paragraph (d) of section 32.62 is 

amended by revising ‘‘debarment and 

suspension under 32 CFR part 25’’ to 

read ‘‘debarment and suspension under 

2 CFR part 1125’’. 

■ 20. Paragraph 8 of Appendix A to part 

32 is revised to read as follows: 

Appendix A to Part 32—Contract 

Provisions 

* * * * * 

8. Debarment and Suspension (E.O.s 12549 

and 12689)—A contract award with an 

amount expected to equal or exceed $25,000 

and certain other contract awards (see 2 CFR 

1125.220, which implements OMB guidance 

at 2 CFR 180.220) shall not be made to 

parties listed on the Governmentwide 

Excluded Parties List System, in accordance 

with the DoD adoption at 2 CFR part 1125 

of the OMB guidance implementing E.O.s 

12549 (3 CFR, 1986 Comp., p. 189) and 12689 

(3 CFR, 1989 Comp., p. 235), ‘‘Debarment and 

Suspension.’’ The Excluded Parties List 

System accessible on the Internet at 

www.epls.gov contains the names of parties 

debarred, suspended, or otherwise excluded 

by agencies, as well as parties declared 

ineligible under statutory or regulatory 

authority other than E.O. 12549. 

PART 33—UNIFORM ADMINISTRATIVE 

REQUIREMENTS FOR GRANTS AND 

COOPERATIVE AGREEMENTS TO 

STATE AND LOCAL GOVERNMENTS 

■ 21. The authority citation for part 33 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 10 U.S.C. 113. 

§ 33.35 [Amended] 

■ 22. Section 33.35 is amended by 

revising ‘‘comply with the requirements 

of Subpart C, 32 CFR part 25, including 

the restrictions on entering into a 

covered transaction with’’ to read 

‘‘comply with the requirements of OMB 

guidance in Subpart C, 2 CFR part 180, 

as implemented by the Department of 

Defense in 2 CFR part 1125. Those 

requirements include restrictions on 

entering into a covered transaction 

with’’. 

PART 34—ADMINISTRATIVE 

REQUIREMENTS FOR GRANTS AND 

AGREEMENTS WITH FOR-PROFIT 

ORGANIZATIONS 

■ 23. The authority citation for part 34 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 10 U.S.C. 113. 

■ 24. Section 34.2 is amended by 

revising the definition of ‘‘suspension’’

to read as follows: 

§ 34.2 Definitions. 

* * * * * 

Suspension. An action by a DoD 

Component that temporarily withdraws 

Federal sponsorship under an award, 

pending corrective action by the 

recipient or pending a decision to 

terminate the award by the DoD 

Component. Suspension of an award is 

a separate action from suspension of a 

participant under 2 CFR part 1125. 

* * * * * 

§ 34.52 [Amended] 

■ 25. Paragraph (d) of section 34.52 is 

amended by revising ‘‘debarment and 

suspension under 32 CFR part 25’’ to 

read ‘‘debarment and suspension under 

2 CFR part 1125’’. 

■ 26. Paragraph 7 of Appendix A to part 

34 is revised to read as follows: 

Appendix A to Part 34—Contract 

Provisions 

* * * * * 

7. Debarment and Suspension (E.O.s 

12549 and 12689)—A contract award 

with an amount expected to equal or 

exceed $25,000 and certain other 

contract awards (see 2 CFR 1125.220, 

which implements OMB guidance at 2 

CFR 180.220) shall not be made to 

parties listed on the Governmentwide 

Excluded Parties List System, in 

accordance with the DoD adoption at 2 

CFR part 1125 of the OMB guidance 

implementing E.O.s 12549 (3 CFR, 1986 

Comp., p. 189) and 12689 (3 CFR, 1989 

Comp., p. 235), ‘‘Debarment and 

Suspension.’’ The Excluded Parties List 

System accessible on the Internet at 

www.epls.gov contains the names of 

parties debarred, suspended, or 

otherwise excluded by agencies, as well 

as parties declared ineligible under 

statutory or regulatory authority other 

than E.O. 12549. 


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PART 37—TECHNOLOGY 

INVESTMENT AGREEMENTS 

■ 27. The authority citation for part 37 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 10 U.S.C. 113. 

■ 28. Section 37.130 is amended by 

revising paragraph (b)(1) to read as 

follows: 

§ 37.130 Which other parts of the DoD 

Grant and Agreement Regulations apply to 

TIAs? 

* * * * * 

(b) * * * 

(1) Part 1125 (2 CFR part 1125) on 

nonprocurement debarment and 

suspension, which applies because it 

covers nonprocurement instruments in 

general; 

* * * * * 

■ 29. Appendix D to part 37 is amended 

by revising the introductory text and 

paragraphs A, B, B.1, B.3, and B.5 to 

read as follows: 

Appendix D to Part 37—What Common 

National Policy Requirements May 

Apply and Need To Be Included in 

TIAs? 

Whether your TIA is a cooperative 

agreement or another type of assistance 

transaction, as discussed in Appendix B to 

this part, the terms and conditions of the 

agreement must provide for recipients’

compliance with applicable Federal statutes 

and regulations. This appendix lists some of 

the more common requirements to aid you in 

identifying ones that apply to your TIA. The 

list is not intended to be all-inclusive, 

however, and you may need to consult legal 

counsel to verify whether there are others 

that apply in your situation (e.g., due to a 

provision in the appropriations act for the 

specific funds that you are using or due to 

a statute or rule that applies to a particular 

program or type of activity). 

A. Certifications 

One requirement that applies to all TIAs 

currently requires you to obtain a 

certification at the time of proposal. That 

requirement is in a Governmentwide 

common rule about lobbying prohibitions, 

which is implemented by the DoD at 32 CFR 

part 28. The prohibitions apply to all 

financial assistance. Appendix A to 32 CFR 

part 22 includes a sample provision that you 

may use, to have proposers incorporate the 

certification by reference into their proposals. 

B. Assurances That Apply to All TIAs 

DoD policy is to use a certification, as 

described in the preceding paragraph, only 

for a national policy requirement that 

specifically requires one. The usual approach 

to communicating other national policy 

requirements to recipients is to incorporate 

them as award terms or conditions, or 

assurances. Appendix B to 32 CFR part 22 

lists national policy requirements that 

commonly apply to grants and cooperative 

agreements. It also has suggested language for 

assurances to incorporate the requirements in 

award documents. Of those requirements, the 

following six apply to all TIAs: 

1. Requirements concerning debarment and 

suspension in the OMB guidance in 2 CFR 

part 180, as implemented by the DoD at 2 

CFR part 1125. The requirements apply to all 

nonprocurement transactions. 

* * * * * 

3. Prohibitions on discrimination on the 

basis of race, color, or national origin in Title 

VI of the Civil Rights Act of 1964 (42 U.S.C. 

2000d, et seq.). These apply to all financial 

assistance. They require recipients to flow 

down the prohibitions to any subrecipients 

performing a part of the substantive research 

program (as opposed to suppliers from whom 

recipients purchase goods or services). For 

further information, see item a. under the 

heading ‘‘Nondiscrimination’’ in Appendix B 

to 32 CFR part 22. 

* * * * * 

5. Prohibitions on discrimination on the 

basis of handicap, in section 504 of the 

Rehabilitation Act of 1973 (29 U.S.C. 794). 

They apply to all financial assistance and 

require flow down to subrecipients. For 

further information, see item e.1. under the 

heading ‘‘Nondiscrimination’’ in Appendix B 

to 32 CFR part 22. 

* * * * * 

■ 30. Appendix E to part 37 is amended 

by revising paragraph B.2 to read as 

follows: 

Appendix E to Part 37—What 

Provisions May a Participant Need To 

Include When Purchasing Goods or 

Services Under a TIA? 

* * * * * 

B. * * * 

2. Debarment and suspension. A contract 

award with an amount expected to equal or 

exceed $25,000 and certain other contract 

awards (see 2 CFR 1125.220, which 

implements OMB guidance in 2 CFR 

180.220) shall not be made to parties listed 

on the Governmentwide Excluded Parties 

List System, in accordance with the DoD 

adoption at 2 CFR part 1125 of the OMB 

guidance implementing E.O.s 12549 (3 CFR, 

1986 Comp., p. 189) and 12689 (3 CFR, 1989 

Comp., p. 235), ‘‘Debarment and 

Suspension.’’ The Excluded Parties List 

System accessible on the Internet at 

www.epls.gov contains the names of parties 

debarred, suspended, or otherwise excluded 

by agencies, as well as parties declared 

ineligible under statutory or regulatory 

authority other than E.O. 12549. 

* * * * * 

Dated: June 18, 2007. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 07–3086 Filed 6–25–07; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Chapters I and III 

[Docket No.: FAA–2004–17168] 

Review of Existing Regulations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Disposition of comments on 

existing regulations. 

SUMMARY: The FAA is notifying the 

public of the outcome of our periodic 

review of existing regulations. This 

notice summarizes the public comments 

we received and our responses to them. 

This action is part of our effort to make 

our regulatory program more effective 

and less burdensome. 

FOR FURTHER INFORMATION CONTACT: 

Patrick W. Boyd, Office of Rulemaking, 

ARM–23, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–7320. 

SUPPLEMENTARY INFORMATION: 

Background 

Under section 5 of Executive Order 

12866, Regulatory Planning and Review, 

each agency must develop a program to 

periodically review its existing 

regulations to determine if they should 

be changed or eliminated (58 FR 51735, 

October 4, 1993). The purposes of the 

review are to make the agency’s 

regulatory program more effective in 

achieving the regulatory objectives and 

less burdensome. The FAA conducts its 

review on a three-year cycle. 

On February 25, 2004, we published 

a notice in the Federal Register asking 

the public to tell us which regulations 

we should amend, remove, or simplify 

(69 FR 8575). The notice stated that we 

would consider the comments and 

adjust our regulatory priorities 

consistent with our statutory 

responsibilities. The notice also stated 

we would publish a summary of the 

comments and an explanation of how 

we would act on them. 

Summary of Comments 

In response to the February 2004 

notice, we received 97 comments from 

30 different commenters. For 

comparison, we received 476 comments 

during the previous review and 82 

comments the time before that. We 

received comments from citizens, 

private pilots, commercial pilots, and 

representatives of interest groups and 

commercial entities. The interest groups 

that filed comments include the Air 

Transport Association, the Allied Pilots 


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