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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: July 22, 2002

SUBJECT: Department of Housing and Urban Development (HUD); Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)

SOURCE: Federal Register, July 22, 2002, Vol. 67, No. 140, page 48005

AGENCIES: Office of the Secretary, Departments of Housing and Urban Development (HUD)

ACTION: Proposed Rule

SYNOPSIS: HUD is proposing to adopt, with some modifications, the January 23, 2002, proposed governmentwide nonprocurement "common rule" for debarment and suspension and the governmentwide rule implementing the Drug-Free Workplace Act of 1988. HUD is taking this action separately from all the other grantmaking agencies because the Department of Housing and Urban Development Act requires that any HUD proposed or interim final rule that is issued for public comment must be presented for Congressional review for a period of 15 days before publication.

EDITORS'S NOTE: For more on the common rule that all other grantmaking agencies are proposing to adopt, see the January 23, 2002, FEDERAL CONTRACTS DISPATCH "Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)."

The "common rule" format allows each agency to insert the text into its regulations verbatim merely by adding its appropriate Code of Federal Regulations (CFR) section numbers. For example, the Department of Agriculture's regulations at 7 CFR Part 3017, Governmentwide Debarment and Suspension (Nonprocurement), contains the debarment and suspension regulations under a nonprocurement covered transaction. Under the proposed common rule, __.25 is "How is this part organized?" To incorporate the common rule into its regulations, the Department of Agriculture would assign the number 7 CFR 3017.25 to "How is this part organized?", and it would consist of the exact same text as in the common rule (Agriculture's 7 CFR Part 3021, Governmentwide Requirements for Drug-Free Workplace (Grants), would contain the text of the common rule implementing the Drug-Free Workplace Act.) Likewise, the Department of Commerce's corresponding regulations are in 15 CFR Part 26, Governmentwide Debarment and Suspension (Nonprocurement), and Commerce would assign 15 CFR 26.25 to "How is this part organized?", and this section would be identical to Agriculture's 7 CFR 3017.25 (Commerce's 15 CFR Part 29, Governmentwide Requirements for Drug-Free Workplace (Grants), would contain the text of the common rule implementing the Drug-Free Workplace Act.)

HUD is proposing to incorporate the common rule into two separate parts: 24 CFR Part 21, Governmentwide Requirements for Drug-Free Workplace (Grants), and 24 CFR Part 24, Government Debarment and Suspension (Nonprocurement). HUD would assign the number 24 CFR 24.25 to "How is this part organized?", and it would be the same as Agriculture's 7 CFR 3017.25 and Commerce's 15 CFR 36.25.

DATES: Comments must be received on or before September 20, 2002.

ADDRESSES: Comments on this proposed rule should be addressed to the Rules Docket Clerk, Office of General Counsel, Room 10276, Department of Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 20410-0500.

FOR FURTHER INFORMATION CONTACT: Dane Narode, Deputy Chief Counsel for Administrative Proceedings, Departmental Enforcement Center, Department of Housing and Urban Development, 1250 Maryland Avenue, Suite 200, Washington, DC 20024; 202-708-2350; e-mail: Dane_M._Narode@HUD.gov.

SUPPLEMENTAL INFORMATION: On January 23, 2002, a governmentwide common rule was published that proposed substantive changes and amendments to the governmentwide nonprocurement common rule for debarment and suspension and the governmentwide rule implementing the Drug-Free Workplace Act of 1988. However, HUD was not able to participate in the proposed common rule adoption because HUD must present to Congress any proposed or interim rule 15 days before publication. Therefore, HUD has presented this proposed rule to Congress for 15 days, and is now publishing its proposed adoption of the common rule, in which it makes several changes that would best serve HUD's programs. Those changes are:

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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