### U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Ch. II

Spring 2010 Semiannual Agenda of Regulations

AGENCY: U.S. Agency for Internatio nal Developm ent.

ACTION: Semiannu al reg u latory agenda.

SUMMARY: The U.S. Age n cy for Intern ational Deve lopment (USAID) is publishing this agenda as required by Executive Order 12866 “Regulatory Plannin g and Review” (58 FR 51735, October 4, 1993), as amended by Executiv e Order 13 422 (72 FR 2763, January 18, 2007), and the Regulatory Flexibility Act. This agenda repo rts the statu s of those regulations currently under review and gives USAID’s plan for the issuan ce of propo sed regulations during the next 12 months. It is expected that the information pr ovide d in this agenda will enable the public to be more aware of and to participate more e ffectively in USAID’s regu latory process.

FOR FURTHER INFORMATION CONTACT: Fo r 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 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, U.S. Agency for International Development, Washington, D.C. 20523; Telephone: (202) 712-1948, Email: ghigginbotham@usaid.gov.

SUPPLEMENTARY INFORMATION: Executive Order 12866, a s amended, and the Regulatory Flexibility Act require the semiannual publication in the Federal Register of an agenda of regulations. The complete Unified Agenda is published at www.r eginfo.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provide information to the public on regulations currently under review, being proposed, and regulations completed or withdrawn by USAI D. The Agenda is intended to facilitate comments and views by interested members of the public.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: April 2, 2010

.

NAME : Drew Luten, Senior Deputy Assistant Administrator, Bureau for M anag em ent, USAID Regulatory Policy Officer

.The 12 Regulatory Agendas

Agency for International Development - Proposed Rule

Title Regulation
Identifier
Number

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

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

Privacy Act of 1974; Implementation of Exemptions 0412-AA61

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

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

Agency for International Development - Completed Action

Title Regulation
Identifier
Number

Financial Reporting for Grants and Cooperative Agreements: Federal Financial Report (FFR) 0412-AA65

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: Proposed 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: NoneTimetable:

Action Date FR Cite

NPRM 07/09/2007 72 FR 37139

NPRM Comment Period End 09/07/2007

Rule Under Office Review 10/00/2010

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 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-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 07/00/2010

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 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

View Related DocumentsTitle: 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 09/00/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No
Energy Affected: No

Public Comment URL: www.regulations.gov
Agency Contact: Diane M Howard 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

E-Mail: dhoward@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: Proposed Rule
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 22 CFR 215 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: title 18 USC 2339A
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/20/2007 72 FR 39768NPRM Comment Period End 09/18/2007
On Hold for Agency Review 10/00/2010

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

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.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 04/16/2007

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-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 09/00/2010

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.govAgency 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 06/00/2010

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

View Related Documents

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 3494NPRM 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 1300 Pennsylvania Avenue NW. Washington , DC 20523

Phone: 202 712 -1807

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 09/00/2010

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

View Related Documents

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 toremoving 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 Ave, NW. Washington , DC 20523

Phone: 202 712 -5893

E- Mail: myearwood@usaid.gov

Agency for International Development ( AID ) RIN: 0412-AA65

View Related Documents

Title: Financial Reporting for Grants and Cooperative Agreements: Federal Financial Report (FFR)

Abstract: OMB requires all Federal agencies to use a new Federal Financial Report (FFR) for reporting the financial status of grants and cooperative agreements as of October 1, 2009. Because USAID’s implementation of OMB Circular A-110, 22 CFR part 226, currently requires only the use of existing financial reporting forms (SF-269, SF-269A, SF 272, and SF 272A), USAID seeks to amend 22 CFR part 226 to require the use of the new FFR. A Federal solution is required because OMB is imposing this requirement on Federal agencies. Because 22 CFR part 226 explicitly requires only the previous financial reports, USAID has no alternative to amending the CFR. No potential costs are foreseen for this action, and benefits include compliance with the OMB requirements and the benefits of single report with uniform reporting periods for all Federal grants and cooperative agreements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed 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(a); 22 USC 2401
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 10/08/2009 74 FR 51762

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Organizations Federalism: No
Energy Affected: No
Related Agencies: Common : OMB
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.gov