[ The Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Agency for International Development Semiannual Regulatory Agenda]
[From the U.S. Government Printing Office, www.gpo.gov]



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Part XVIII





Agency for International Development





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Semiannual Regulatory Agenda

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AGENCY FOR INTERNATIONAL DEVELOPMENT (AID)                       
  
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INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

U.S. Agency for International Development

22 CFR Ch. II

Federal Regulations; USAID Regulatory Agenda Semiannual Summary

AGENCY: United States Agency for International Development, IDCA.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: The U.S. Agency for International Development (USAID) is 
publishing this agenda as required by Executive Order 12866 
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993) and 
the Regulatory Flexibility Act. This agenda reports the status of those 
regulations currently under review and gives USAID's plan for the 
issuance of proposed regulations during the next 12 months. It is 
expected that the information provided in this agenda will enable the 
public to be more aware of and to participate more effectively in 
USAID's regulatory process.

FOR FURTHER INFORMATION CONTACT:

General: For further information on the agenda or the review list in 
general, contact: Willette Smith, Chief, Bureau for Management, Office 
of Administrative Services, Information and Records Division, U.S. 
Agency for International Development, Washington, DC 20523; telephone 
(202) 712-5027, e-mail address [email protected].

Specific: For further information about any particular item on the 
agenda, contact the individual listed as the contact for that item.

SUPPLEMENTARY INFORMATION: Executive Order 12866 and the Regulatory 
Flexibility Act require the semiannual publication in the Federal 
Register of an agenda of regulations. The Regulatory Flexibility Act 
applies only to regulations for which a notice of proposed rulemaking 
was issued on or after September 19, 1980. USAID is required to publish 
an agenda listing all the regulations it expects to propose or 
promulgate that are likely to have a ``significant economic impact on a 
substantial number of small entities.'' The Executive order became 
effective on September 30, 1993, and it is required that USAID publish 
a listing of all the regulations it expects to have under active 
consideration for proposal or review during the coming 1-year period.

Dated: August 28, 1998.

Margaret H. Thome,

Director, Bureau for Management, Office of Administrative Services.
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AGENCY FOR INTERNATIONAL DEVELOPMENT (AID)    Proposed Rule Stage
  
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3351. MISCELLANEOUS AMENDMENTS TO THE AIDAR (AIDAR NOTICE 98-2)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  22 USC 2381

CFR Citation:  48 CFR 712; 48 CFR 727; 48 CFR 742; 48 CFR 752; 48 CFR 
ch 7, app I

Legal Deadline: None

Abstract: The USAID Acquisition Regulation will be amended to establish 
an Agency policy regarding contract clauses to clarify withholding 
requirements under IQC contracts, revise reporting requirements, revise 
the Agency's academic publications policy in appendix I to coordinate 
with the FAR's Rights in Data coverage, and clarify USAID policy on the 
use of Government facilities and personnel in commercial contracts.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/00/98
Final Action                    01/00/99
Final Action Effective          03/00/99

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Procurement: This is a procurement-related action for which there is no 
statutory requirement. The agency has not yet determined whether there 
is a paperwork burden associated with this action.
Additional Information: The final rule published in the Federal 
Register on July 29, 1997, at 62 FR 40462 (FR Doc. 97-18603) mistakenly 
cited this RIN number. It should have used RIN 0412-AA32.

Agency Contact: Diane M. Howard, Senior Procurement Analyst, Agency for 
International Development, M/OP/P, Room 7.08-082U, 1300 Pennsylvania 
Avenue NW., Washington, DC 20523-7801
Phone: 202 712-0206
Fax: 202 216-3395
Email: [email protected]

RIN: 0412-AA30
_______________________________________________________________________
AGENCY FOR INTERNATIONAL DEVELOPMENT (AID)       Final Rule Stage
  
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3352. ADMINISTRATION OF GRANTS AND COOPERATIVE AGREEMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  22 USC 2381

CFR Citation:  22 CFR 226

Legal Deadline: None

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.

[[Page 62335]]

Timetable:
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Action                            Date                      FR Cite

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Interim Final Rule              01/19/95                     60 FR 3743
Final Action                    11/00/98
Final Action Effective          01/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: Organizations

Government Levels Affected: None

Agency Contact: Kathleen O'Hara, Chief, Policy Division, Office of 
Procurement, Agency for International Development, Room 7.08-092 RRB, 
1300 Pennsylvania Avenue NW., Washington, DC 20523-7801
Phone: 202 712-4759
Fax: 202 216-3395
Email: [email protected]

RIN: 0412-AA21
_______________________________________________________________________

3353. ADMINISTRATIVE REQUIREMENTS FOR GRANTEES TO REFLECT SINGLE AUDIT 
ACT AMENDMENTS

Priority:  Substantive, Nonsignificant

Legal Authority:  22 USC 2381

CFR Citation:  22 CFR 226

Legal Deadline: None

Abstract: USAID Regulation 26 (22 CFR part 226) is being amended to 
reflect the enactment of the Single Audit Act by incorporating the 
revised OMB Circular A-133 ``Audits of States, Local Governments, and 
Non-Profit Organizations'' by reference.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/29/97                    62 FR 45937
Interim Final Rule Effective    09/29/97
Interim Final Rule Comment 
Period End                      10/28/97
Final Action                    10/00/98
Final Action Effective          12/00/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Diana Esposito, Senior Procurement Analyst, Agency for 
International Development, M/OP/P, Room 7.08-104, 1300 Pennsylvania 
Avenue NW., Washington, DC 20523-7801
Phone: 202 712-4163
Fax: 202 216-3395

RIN: 0412-AA36
_______________________________________________________________________

3354. MISCELLANEOUS AMENDMENTS TO THE AIDAR (AIDAR NOTICE 98-1)

Priority:  Substantive, Nonsignificant

Reinventing Government: This rulemaking is part of the Reinventing 
Government effort. It will revise text in the CFR to reduce burden or 
duplication, or streamline requirements.

Legal Authority:  22 USC 2381

CFR Citation:  48 CFR 703; 48 CFR 709; 48 CFR 715; 48 CFR 752

Legal Deadline: None

Abstract: The AID Acquisition Regulation (AIDAR) is being amended to 
add an additional reporting level for violations to be in accordance 
with Federal Acquisition Regulation (FAR) subpart 3.104; to reflect 
changes in FAR part 9.5; and to reflect changes in FAR part 15. The 
AIDAR is also being amended to add a requirement to part 715 for a 
justification document to support the decision to reject all proposals 
and cancel the RFPP and to add a provision to part 752 on salary 
supplements for host government employees.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    10/00/98
Final Action Effective          12/00/98

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Procurement: This is a procurement-related action for which there is no 
statutory requirement. There is no paperwork burden associated with 
this action.

Agency Contact: Frances M. Maki, Senior Procurement Analyst, Agency for 
International Development, M/OP/P, Room 7.08-094, 1300 Pennsylvania 
Avenue NW., Washington, DC 20523-7801
Phone: 202 712-0610
Fax: 202 216-3395
Email: [email protected]

RIN: 0412-AA38
_______________________________________________________________________

3355.  MISCELLANEOUS AMENDMENTS TO THE AIDAR (AIDAR NOTICE 98-3)

Priority:  Substantive, Nonsignificant

Legal Authority:  22 USC 2381

CFR Citation:  48 CFR 705; 48 CFR 709; 48 CFR 716; 48 CFR 722; 48 CFR 
731; 48 CFR 732; 48 CFR 745; 48 CFR 747; 48 CFR 752

Legal Deadline: None

Abstract: The USAID Acquisition Regulation (AIDAR) is being amended to 
bring its organizational conflicts of interest coverage into 
conformance with the FAR; to implement the August 19, 1997, revisions 
to Office of Federal Contract Compliance Programs (OFCCP) regulations 
(41 CFR parts 60-1, 60-60) prohibiting employment discrimination and 
establishing affirmative action requirements for nonexempt Federal 
contractors and subcontractors; to allow for advances to for-profit 
organizations who are awarding grants under their contracts; to clarify 
the application of USAID's salary policy to fixed-price contractors; 
and to update corresponding clauses in part 752, as amended. The AIDAR 
is also being amended to incorporate provisions of various Contract 
Information Bulletins (CIBs) issued in the past few years that 
established contracting policies or procedures and to make 
administrative changes or corrections.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    12/00/98
Final Action Effective          02/00/99

Regulatory Flexibility Analysis Required: No
Small Entities Affected: No

Government Levels Affected: None

Procurement: This is a procurement-related action for which there is no 
statutory requirement. There is no paperwork burden associated with 
this action.

Agency Contact: Diane M. Howard, Senior Procurement Analyst, Agency for 
International Development, M/OP/P, Room 7.08-082U, 1300 Pennsylvania 
Avenue NW., Washington, DC 20523-7801
Phone: 202 712-0206
Fax: 202 216-3395
Email: [email protected]

RIN: 0412-AA39

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AGENCY FOR INTERNATIONAL DEVELOPMENT (AID)      Completed Actions
  
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3356. RULES AND PROCEDURES APPLICABLE TO COMMODITY TRANSACTIONS (AID 
REGULATION 1): INSPECTION AND PRICE PROVISIONS

Priority:  Substantive, Nonsignificant

Legal Authority:  22 USC 2381

CFR Citation:  22 CFR 201.01; 22 CFR 201.21; 22 CFR 201.31; 22 CFR 
201.48; 22 CFR 201.52; 22 CFR 201.60; 22 CFR 201.61; 22 CFR 201.63; 22 
CFR 201.64

Legal Deadline: None

Abstract: AID Regulation 1 is being amended to provide for the 
possibility of preshipment inspection and to simplify the rules on 
maximum prices for commodities. The purpose of preshipment inspection 
is to complete price review of transactions prior to shipment, rather 
than after-the-fact, and when determined necessary, to require a 
physical inspection. The purpose of the amendments to the price rules 
is to make them easier for suppliers to understand and bring them into 
line with commercial practices used by preshipment inspection firms 
that will be contracted with to carry out the preshipment inspection 
program.
EXPLANATION: A proposed rule to amend USAID Regulation 1 was issued in 
the Federal Register on August 8, 1997 (62 FR 42712). USAID planned to 
change the procedure used to assure that prices paid to suppliers for 
transactions financed under Commodity Import Programs (CIPs) are fair 
and reasonable by implementing a preshipment review process. However, 
USAID has since determined that the CIP will be managed by the USAID 
Mission in Egypt rather than by USAID/Washington. The Mission in Egypt 
will not implement a preshipment review program; therefore, the 
proposed rule has been withdrawn.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/08/97                    62 FR 42712
NPRM Comment Period End         10/07/97
Withdrawn                       09/17/98                    63 FR 49682

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Kathleen O'Hara, Chief, Policy Division, Office of 
Procurement, Agency for International Development, M/OP/P, Room 7.08-
092 RRB, 1300 Pennsylvania Avenue NW., Washington, DC 20523-7801
Phone: 202 712-4759
Fax: 202 216-3395
Email: [email protected]

RIN: 0412-AA34
_______________________________________________________________________

3357. MISCELLANEOUS AMENDMENTS; 22 CFR PART 228

Priority:  Substantive, Nonsignificant

Legal Authority:  22 USC 2381

CFR Citation:  22 CFR 228.11; 22 CFR 228.21; 22 CFR 228.51; 22 CFR 
228.53

Legal Deadline: None

Abstract: USAID proposes to amend its regulation on source, origin, and 
nationality by revising the rule on systems determination for 
commodities, revising the rule on ocean freight eligibility, and 
clarifying waiver provisions. The change in systems determinations will 
allow commodities to be shipped directly from their source rather than 
being shipped through an authorized country if the system is being 
assembled in the recipient country. The ocean freight rule change would 
require approval by USAID before a transshipment from a U.S. flag 
vessel to a foreign flag vessel would be eligible for USAID financing.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/23/98                     63 FR 3506
NPRM Comment Period End         03/24/98
Final Action                    07/20/98                    63 FR 38751
Final Action Effective          09/18/98

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Kathleen O'Hara, Chief, Policy Division, Office of 
Procurement, Agency for International Development, M/OP/P, Room 7.08-
092 RRB, 1300 Pennsylvania Avenue NW., Washington, DC 20523-7801
Phone: 202 712-4759
Fax: 202 216-3395
Email: [email protected]

RIN: 0412-AA37
[FR Doc. 98-24580 Filed 11-06-98; 8:45 am]
BILLING CODE 6116-01-F