Assess whether the RIA would survive OIRA and litigation (c733b9)

SITUATION Grant special-condition that the program never implemented arrived with an OIRA passback gutting the preferred option for grant-compliance officer. That is a Government Policy and Grants decision on the RIA would survive in a department writing an RIA under a tight clock.

DECISION Grant-compliance officer in a department writing an RIA under a tight clock must choose Pay or continue / Recoup / Deny / Hold using grant special-condition that the program never implemented after an OIRA passback gutting the preferred option.

HYPOTHESES TO TEST 1. The population in grant special-condition that the program never implemented is the one an OIRA passback gutting the preferred option named, so Pay or continue follows for this Policy and Grants file. 2. The population in grant special-condition that the program never implemented is adjacent only to an OIRA passback gutting the preferred option; Recoup is the honest Government call. 3. A department writing an RIA under a tight clock already contained an OIRA passback gutting the preferred option before grant special-condition that the program never implemented arrived; no new Policy and Grants path. 4. Provenance on grant special-condition that the program never implemented after an OIRA passback gutting the preferred option is broken; do not pick Pay or continue or Recoup yet.

ANALYSIS REQUIRED 1. Check notice and appeal timing around an OIRA passback gutting the preferred option. 2. Trace the audit trail grant-compliance officer would produce for oversight. 3. Map eligibility, appropriation, and program rules in grant special-condition that the program never implemented after an OIRA passback gutting the preferred option. 4. For this Government Policy and Grants file, read grant special-condition that the program never implemented against an OIRA passback gutting the preferred option and write the one fact that would move the RIA would survive for grant-compliance officer.

RECOMMENDATION Choose Pay or continue / Recoup / Deny / Hold on this Government / Policy and Grants packet (grant special-condition that the program never implemented after an OIRA passback gutting the preferred option). The follow-on Policy and Grants action is what grant-compliance officer does next: implement the option, assign an owner, and log the missing fact.

COMMAND RETURNS - Bottom-line Government option on the RIA would survive, then the evidence in grant special-condition that the program never implemented, then the action for grant-compliance officer - Hypothesis scorecard against grant special-condition that the program never implemented: supported / rejected / untestable - Missing page in grant special-condition that the program never implemented after an OIRA passback gutting the preferred option, if any - Regulatory or exam hook Policy and Grants would cite