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Rule03-284542003-11-26

Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)

Personnel Management Office, Agriculture Department, Energy Department, Export-Import Bank, Small Business Administration, National Aeronautics and Space Administration, Commerce Department, Social Security Administration, Office of National Drug Control Policy, State Department, Agency for International Development, Peace Corps, Inter-American Foundation, United States African Development Foundation, Housing and Urban Development Department, Justice Department, Labor Department, Federal Mediation and Conciliation Service, Treasury Department, Defense Department, Education Department, National Archives and Records Administration, Veterans Affairs Department, Environmental Protection Agency, General Services Administration, Interior Department, Health and Human Services Department, National Science Foundation, National Foundation on the Arts and the Humanities, National Endowment for the Arts, National Endowment for the Humanities, Institute of Museum and Library Services, Corporation for National and Community Service, Transportation Department

Abstract

These rules implement changes to the governmentwide nonprocurement debarment and suspension common rule (NCR) and the associated rule on drug-free workplace requirements. The final and interim final rules reflect changes made to the proposed rules in response to the comments received during the comment period. The NCR sets forth the common policies and procedures that Federal Executive branch agencies must use in taking suspension or debarment actions. It also establishes procedures for participants and Federal agencies in entering covered transactions. While these procedures are mandatory for all agencies of the Executive branch under Executive Order 12549, any Federal agency with procurement or nonprocurement responsibilities may elect to join the governmentwide system by adopting these procedures through the rulemaking process. Certain small Executive branch agencies that are exempt from having to issue separate regulations with the approval of the Office of Management and Budget, may initiate suspension and debarment actions in their inherent authority. Following the procedures set forth in the NCR will help ensure that the agencies' actions comply with due process standards and provide the public with uniform procedures. As an alternative, smaller Executive branch agencies may refer matters of contractor and participant responsibility to another Executive branch agency for action. For a detailed explanation of the changes to these rules, see the comments section under Supplementary Information below.

Action & Dates

Action
Final rules and interim final rules.
Dates
The effective date for this rule is November 26, 2003. The comment date for those agencies issuing this rule as an interim rule (i.e., the Department of Agriculture, the Export-Import Bank, the Department of Justice, and the Department of Treasury) is January 26, 2004.
Effective Date
2003-11-26

CFR References

Topics

Administrative practice and procedureAir pollution controlColleges and universitiesCondominiumsConsumer protectionDrug abuseEducationEnvironmental protectionGovernment contractsGovernment employeesGrant programsGrant programs-agricultureGrant programs-educationGrants administrationHealth facilitiesHealth insuranceHealth professionsLoan programsLoan programs-agricultureLoan programs-educationManufactured homesReporting and recordkeeping requirementsSmall businessesStudent aidTechnical assistanceVeteransVocational educationWater pollution control

Public Comment

Comments Close
2004-01-26

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Office of Personnel Management 5 CFR Part 970 Department of Agriculture 7 CFR Parts 3017 and 3021 Department of Energy 10 CFR Parts 606, 607, and 1036 The Export-Import Bank of the United States 12 CFR Part 413 Small Business Administration 13 CFR Parts 145 and 147 National Aeronautics and Space Administration 14 CFR Parts 1265 and 1267 Department of Commerce 15 CFR Parts 26 and 29 Social Security Administration 20 CFR Parts 436 and 439 Office of National Drug Control Policy 21 CFR Parts 1404 and 1405 Department of State 22 CFR Parts 133 and 137 Agency for International Development 22 CFR Parts 208 and 210 Peace Corps 22 CFR Parts 310 and 312 Inter-American Foundation 22 CFR Parts 1006 and 1008 African Development Foundation 22 CFR Parts 1508 and 1509 Department of Housing and Urban Development 24 CFR Parts 21 and 24 Department of Justice 28 CFR Parts 67 and 83 Department of Labor 29 CFR Parts 94 and 98 Federal Mediation and Conciliation Service 29 CFR Parts 1471 and 1472 Department of the Treasury 31 CFR Parts 19 and 20 Department of Defense 32 CFR Parts 25 and 26 Department of Education 34 CFR Parts 84, 85, 668 and 682 National Archives and Records Administration 36 CFR Parts 1209 and 1212 Department of Veterans Affairs 38 CFR Parts 44 and 48 Environmental Protection Agency 40 CFR Parts 32 and 36 General Services Administration 41 CFR Parts 105-68 and 105-74 Department of the Interior 43 CFR Parts 12, 42 and 43 Department of Health and Human Services 45 CFR Parts 76 and 82

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Full Document

Citation: 68 FR 66534

Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants) — Federal Register 03-28454 | Open Gov by Base