### U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Ch. II Fall 2010 Semiannual Agenda of Regulations

AGENCY: U.S. Agency for International Development.

ACTI O N: Se miannu al reg ulatory agenda.

SUMMARY: The U.S. Age n cy for International Devel opment (USAID) is publishing this agenda as required by Executive Order 12866 “Regulatory Plan ning and Review” (58 FR 51735, October 4, 1993), as amended by Executive Order 13422 (72 FR 2763, January 18, 2007), and the Regulatory Flexibility Act. This agenda reports the status of those regu lations currently under review and gives USAID’s plan for the issuance of proposed regulations during the ne xt 12 months. It is expected that the information provided in this agenda will enable the public to be mo re aware of, and to participate more effectively in, USAID’s regulatory process.

FOR FURTHER INFORMATION CONTACT: For a dditional info rmation 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 in formation on the agenda, you should direct your comments and inquiries to George Higginbotham, Management Bureau, Office of Management Policy, Budget and Performance, U.S. Agency for International Development, Washington, DC 20523; telephone: (202) 712-1948, e-mail: ghigginbotham@usaid.gov.

SUPPLEMENTARY INFORMATION: Executive Order 12866, as amended, and the Regulat ory Flexibility Act require the semiannual publication in the Federal Register of an agenda of regulations. The complete Unified Agenda is published at www.reginf o.gov. The purpose of the agenda is to provide information to the public on regulations currently under review, being proposed, and regulations completed or withdrawn by USAI D. The Agenda is intended to facilitate comments and views by interested members of the public. P ublication 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 item. 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 commitments to act on or by the particular date.

Dated : September 10, 2010.

NAME : Drew W. Luten, Senior Deputy Assistant Administrator, Bureau for Management, USAID Regulatory Policy Officer.The 14 Regulatory Agendas

Agency for International Development - Proposed Rule

Title Regulation Identifier Number Transfer of Food Commodities for Food Use and Disaster Relief, Economic Development, and Other Assistance 0412-AA54 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 Administration of Grants and Cooperative Agreements 0412-AA21
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 - Completed Action

Title Regulation Identifier Number Privacy Act of 1974; Implementation of Exemptions 0412-AA61

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

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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: Proposed Rule 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 1726a(c) Legal Deadline: None

Timetable: Action Date FR Cite ANPRM 08/19/2004 69 FR 51404 ANPRM Comment Period End 09/18/2004 NPRM 12/00/2010Regulatory 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 Room 7.06-136 1300 Pennsylvania Avenue NW. Washington , DC 20523-7600 Phone: 202 712-4088 FAX: 202 216-3039

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

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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 12/00/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Federalism: No Energy Affected: No Public Comment URL: www.regulations.gov Agency Contact: Jennifer Norling Senior Procurement Analyst Agency for International Development RRB 7.08-031 1300 Pennsylvania Avenue NW. Washington , DC 20523-7801 Phone: 202 712-0206 FAX: 202 216-3395

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

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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 RuleMajor: 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 12/00/2010

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 1300 Pennsylvania Avenue Washington , DC 20523 Phone: 202 712-1559 E-Mail: hmclean@usaid.gov

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

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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: Final Rule 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 12/00/2010

Regulatory 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 Room 7.10-031 1300 Pennsylvania Avenue NW. Washington , DC 20523 Phone: 202 712-5831 E-Mail: mgushue@usaid.govAgency for International Development ( AID ) RIN: 0412-AA49

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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 04/16/2007 Final Action 12/00/2010

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 Policy Division RRB 7.8.33 1300 Pennsylvania Avenue NW. Washington , DC 20523 Phone: 202 712-5448 FAX: 202 216-3136 E-Mail: thenson@usaid.gov

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

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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 10/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: NoPublic Comment URL: www.regulations.gov Related RINs: Related to 0412-AA34 Agency Contact: Kenneth Monsess Procurement Analyst Agency for International Development RRB 7.08-021 1300 Pennsylvania Avenue NW. Washington , DC 20523 Phone: 202 712-4913 E-Mail: kmonsess@usaid.gov

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

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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: No CFR 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 10/00/2011

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 RRB 7.08-020 1300 Pennsylvania Avenue NW. Washington , DC 20523 Phone: 202 712-1382 FAX: 202 216-3395 E-Mail: cketrick@usaid.gov

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

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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 06/00/2011

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 1300 Pennsylvania Avenue NW. Washington , DC 20523-7801 Phone: 202 712-4913 E-Mail: kmonsess@usaid.gov; pastperformance@usaid.gov

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

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Title: Partner Vetting In USAID Acquisitions Abstract: 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 12/00/2010

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 RRB 7.08-031 1300 Pennsylvania Avenue NW. Washington , DC 20523-7801 Phone: 202 712-1807 FAX: 202 216-3395 E-Mail: jnorling@usaid.gov

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

View Related DocumentsTitle: 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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: George Higginbotham Agency for International Development RRB 1300 Pennsylvnia Avenue NW. Washington , DC 20523 Phone: 202 712-1948 E-Mail: ghigginbotham@usaid.gov

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

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Title: 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 02/00/2011

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 RRB 1300 Pennsylvania Avenue NW. Washington , DC 20523 Phone: 202 712-5893E-Mail: myearwood@usaid.gov

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

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Title: Nonprocurement Debarment and Suspension Abstract: The Office of Management and Budget (OMB) requires each agency to replace their individual common rule on (non-procurement) 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 12/00/2010

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 Development RRB 1300 Pennsylvania Avenue NW. Washington , DC 20523 Phone: 202 712-5893 E-Mail: myearwood@usaid.gov

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

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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: NoneTimetable: Action Date FR Cite Final Action 12/00/2010

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 1300 Pennsylvania Avenue NW. Washington , DC 20523-7801 Phone: 202 712-4913 E-Mail: kmonsess@usaid.gov; pastperformance@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA61

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Title: Privacy Act of 1974; Implementation of Exemptions Abstract: The United States Agency for International Development (USAID) is concurrently establishing a new systems of records pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), entitled the “Partner Vetting System” (PVS). The PVS will support the vetting of individuals, officers, or other officials of non-governmental organizations who apply for USAID contracts, grants, cooperative agreements, or other funding, or who apply for registration with USAID as Private and Voluntary Organizations (PVOs), ensuring that neither USAID funds nor USAID-funded activities inadvertently or otherwise provide support to entities or individuals associated with terrorism. In this proposed rulemaking, USAID proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 22 CFR 215 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 18 USC 2339A Legal Deadline: None

Timetable: Action Date FR Cite Final Action 07/23/2007 72 FR 40110 NPRM 07/20/2007 72 FR 39768 NPRM Comment Period End 09/18/2007

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Mr. Jeffrey A Denale Agency for International Development Room 2.06-005 1300 Pennsylvania Avenue NW. Washington , DC 20523-2600 Phone: 202 712-1264 E-Mail: jdenale@usaid.gov