[Federal Register: June 18, 2004 (Volume 69, Number 117)]
[Rules and Regulations]
[Page 34230-34231]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn04-27]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 9
[FAC 2001-24; FAR Case 2004-009; Item IV]
RIN 9000-AJ98
Federal Acquisition Regulation; Determining Official for
Employment Provision Compliance--Immigration and Nationality Act (INA)
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) by revising the
responsibility for determining when a contractor is not in compliance
with the Immigration and Nationality Act (INA) to include both the
Attorney General and the Secretary of Homeland Security, pursuant to
Executive Order 13286 published March 5, 2003.
DATES: Effective Date: June 18, 2004.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Mr. Craig Goral, Procurement Analyst,
at (202) 501-3856. Please cite FAC 2001-24, FAR case 2004-009.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends FAR 9.406-2(b)(2) by revising the
responsibility for determining when a contractor is not in compliance
with INA to include both the Attorney General and the Secretary of
Homeland Security pursuant to Executive Order (E.O.) 13286 published
March 5, 2003. E.O. 13286 amended Section 4 of E.O. 12989, published
February 15, 1996, by adding, along with the Attorney General, the
Secretary of Homeland Security as the responsible authority for
determining when a contractor is not in compliance with the INA.
Pursuant to this amendment, it is necessary to revise FAR 9.406-2(b)(2)
to reflect this change.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Public Law 98-577, and publication for public
comments is not required. However, the Councils will consider comments
from small entities concerning the affected FAR Part 9 in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 601, et seq. (FAC 2001-24, FAR case
2004-009), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Part 9
Government procurement.
Dated: June 10, 2004.
Ralph J. De Stefano,
Acting Director, Acquisition Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 9 as set forth below:
PART 9--CONTRACTOR QUALIFICATIONS
0
1. The authority citation for 48 CFR part 9 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
0
2. Amend section 9.406-2 by revising paragraph (b)(2) to read as
follows:
[[Page 34231]]
9.406-2 Causes for debarment.
* * * * *
(b) * * *
(2) A contractor, based on a determination by the Secretary of
Homeland Security or the Attorney General of the United States, that
the contractor is not in compliance with Immigration and Nationality
Act employment provisions (see Executive Order 12989, as amended by
Executive Order 13286). Such determination is not reviewable in the
debarment proceedings.
* * * * *
0
3. Amend section 9.406-4 by revising the third sentence of paragraph
(b) to read as follows:
9.406-4 Period of debarment.
* * * * *
(b) * * * Debarments under 9.406-2(b)(2) may be extended for
additional periods of one year if the Secretary of Homeland Security or
the Attorney General determines that the contractor continues to be in
violation of the employment provisions of the Immigration and
Nationality Act. * * *
* * * * *
[FR Doc. 04-13621 Filed 6-17-04; 8:45 am]