[Federal Register Volume 70, Number 47 (Friday, March 11, 2005)]
[Rules and Regulations]
[Pages 12141-12142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4850]


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DEPARTMENT OF JUSTICE

28 CFR Parts 67 and 83

[Docket No. OJP (OJP)-1306; AG Order No. 2759-2005]
RIN 1121-AA57


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

AGENCY: Department of Justice.

[[Page 12142]]


ACTION: Final rule.

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SUMMARY: The Department of Justice is finalizing without change the 
interim final rule with request for comments published at 68 FR 66534, 
on November 26, 2003. The interim final rule implemented changes to the 
government-wide nonprocurement debarment and suspension common rule 
(NCR) and the associated rule on drug-free workplace requirements. 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.

DATES: This final rule is effective April 11, 2005.

FOR FURTHER INFORMATION CONTACT: Linda Fallowfield, Attorney Advisor, 
Office of the General Counsel, Office of Justice Programs, Department 
of Justice, 810 7th Street, NW., Washington, DC 20531. Telephone: (202) 
305-2534. (This is not a toll-free number.) E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: On November 26, 2003, at 68 FR 65534, a 
number of Federal agencies jointly published a final government-wide 
nonprocurement debarment and suspension common rule (NCR). At that 
time, because the Department of Justice (the Department) had not 
previously proposed changes to the NCR along with the other 
participating agencies, the Department adopted the NCR on an interim 
final basis. This interim final rule also separated the Department's 
drug-free workplace requirements from the uniform requirements on 
debarment and suspension. The Department did not receive any comments 
and is now finalizing without change the common rule it adopted on 
November 26, 2003.
    The NCR promotes consistency within the Federal Government and 
provides uniform requirements for debarment and suspension by Executive 
branch agencies to protect assistance, loans, benefits, and other 
nonprocurement activities from waste, fraud, abuse, and poor 
performance, similar to the system used for Federal procurement 
activities under Subpart 9.4 of the Federal Acquisition Regulations 
(FAR). Drug-free workplace requirements were moved from 28 CFR part 67 
to 28 CFR part 83. This places the requirements nearer other 
requirements used predominantly by award officials.

Regulatory Certifications

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), Principles of Regulation. The Department has determined that this 
rule is a ``significant regulatory action'' under Executive Order 
12866, section 3(f), Regulatory Planning and Review, and accordingly 
this rule has been reviewed by the Office of Management and Budget.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this regulation, and by approving 
it, certifies that this regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: this rule addresses Federal agency procedures for suspension 
and debarment, and it clarifies current requirements under the 
Nonprocurement Common Rule for Debarment and Suspension by reorganizing 
information and presenting that information in a plain language, 
question-and-answer format.

Unfunded Mandates Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Paperwork Reduction Act

    This rule does not impose additional reporting or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35).

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 
804. This rule will not result in: an annual effect on the economy of 
$100,000,000 or more; a major increase in costs or prices; significant 
adverse effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

List of Subjects

28 CFR Part 67

    Administrative practice and procedure, Government contracts, Grant 
programs, Loan programs, Reporting and recordkeeping requirements, 
Technical assistance, Drug abuse.

28 CFR Part 83

    Administrative practice and procedure, Drug abuse, Grant programs, 
Reporting and recordkeeping requirements.

0
Accordingly, the interim final rule amending 28 CFR Parts 67 and 83, 
which was published at 68 FR 66534 on November 26, 2003, is adopted as 
a final rule without change.

    Dated: March 7, 2005.
Alberto R. Gonzales,
Attorney General.
[FR Doc. 05-4850 Filed 3-10-05; 8:45 am]
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