[Federal Register: March 22, 2007 (Volume 72, Number 55)]
[Rules and Regulations]
[Page 13586-13588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr07-18]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22 and 52
[FAC 2005-16; FAR Case 2006-019; Item III Docket 2006-0020, Sequence
12]
RIN 9000-AK66
Federal Acquisition Regulation; FAR Case 2006-019, Contracts with
Religious Entities
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
[[Page 13587]]
ACTION: Interim rule with request for comments.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to implement
Executive Order (E.O.) 11246, as amended, Equal Employment Opportunity,
to incorporate the exemption for religious entities prescribed in E.O.
13279.
DATES: Effective Date: March 22, 2007.
Comment Date: Interested parties should submit written comments to
the FAR Secretariat on or before May 21, 2007 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-16, FAR case 2006-
019, by any of the following methods:
Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Search for any document by first selecting the proper document types
and selecting ``Federal Acquisition Regulation'' as the agency of
choice. At the ``Keyword'' prompt, type in the FAR case number (for
example, FAR Case 2006-019) and click on the ``Submit'' button. Please
include any personal and/or business information inside the document.
You may also search for any document by clicking on the ``Advanced
search/document search'' tab at the top of the screen, selecting from
the agency field ``Federal Acquisition Regulation'', and typing the FAR
case number in the keyword field. Select the ``Submit'' button.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-16, FAR
case 2006-019, in all correspondence related to this case. All comments
received will be posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Ernest Woodson, Procurement Analyst, at (202) 501-3775. Please cite
FAC 2005-16, FAR case 2006-019. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
This rule amends FAR Part 22 to implement Executive Order (E.O.)
11246, as amended, to incorporate the exemption for religious entities
prescribed in E.O. 13279. E.O. 11246, as amended, prohibits Government
contractors and subcontractors, and Federally assisted construction
contractors and subcontractors from discriminating in employment, and
requires these contractors to take affirmative action to ensure that
employees and applicants are treated without regard to race, color,
religion, sex, or national origin. Section 4 of E.O. 13279 amended
Section 204 of E.O. 11246 to exempt religious corporations,
associations, educational institutions and societies from certain
nondiscrimination requirements. E.O. 11246, as amended, permits
religious entities to consider employment of individuals of a
particular religion to perform work connected with carrying on the
entity's activities. Religious entities are not exempt from other
requirements of the Executive order.
The Department of Labor (DOL) implemented the exemption at 41 CFR
part 60-1, Obligations of Contractors and Subcontractors, in the
Federal Register at 68 FR 56392 on September 30, 2003. The FAR
incorporates the DOL exemptions at 41 CFR part 60-1 at FAR 22.807. This
rule adds the exemption for religious entities to FAR 22.807(b) and the
associated clause at FAR 52.222-26, Equal Opportunity, to maintain
consistency with DOL rules. Under FAR 22.807(b), the exemption applies
even though a contract or subcontract contains the clause at FAR
52.222-26. When awarding a contract to a religious entity that contains
the clause at FAR 52.222-26, Equal Opportunity, the requirements of the
clause with respect to employment of individuals of a particular
religion to perform work connected with the carrying on of the
contractor's activities do not apply to a contractor that is a
religious corporation, association, educational institution, or
society.
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 interim rule is not expected to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act,5 U.S.C. 601, et seq., because this rule
only aligns the FAR with the DOL exemption for consistency and clarity.
The DOL stated in the Federal Register at 68 FR 56392 on September 30,
2003, that the rule will not have a significant economic impact on a
substantial number of small business entities. Therefore, an Initial
Regulatory Flexibility Analysis has not been performed. The Councils
will consider comments from small entities concerning the affected FAR
Parts 22 and 52 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 2005-16, FAR case 2006-019), 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. The rule does not affect any certification,
representation, or other proposal submission requirements.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary to ensure compliance with Executive Order 11246 and
consistency with the Department of Labor regulations. Contracting
officers need to be aware of the exemption for religious entities and
to understand when and how to apply it. This will avoid confusion and
potential disagreements between the Government and religious entities
competing for Federal contracts. The Executive order was published on
December 16, 2002 and the DOL regulations went into effect on October
30, 2003. However, pursuant to Public Law 98-577 and FAR 1.501, the
Councils will consider public comments received in response to this
interim rule in the formation of the final rule.
List of Subjects in 48 CFR Parts 22 and 52
Government procurement.
[[Page 13588]]
Dated: March 15, 2007.
Ralph De Stefano,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 22 and 52 as set forth
below:
0
1. The authority citation for 48 CFR parts 22 and 52 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and42 U.S.C.
2473(c).
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
2. Amend section 22.807 by adding paragraph (b)(7) to read as follows:
22.807 Exemptions
* * * * *
(b) * * *
(7) Contracts with religious entities. Pursuant to E.O. 13279,
Section 202 of E.O. 11246, shall not apply to a Government contractor
or subcontractor that is a religious corporation, association,
educational institution, or society, with respect to the employment of
individuals of a particular religion to perform work connected with the
carrying on by such corporation, association, educational institution,
or society of its activities. Such contractors and subcontractors are
not exempted or excused from complying with the other requirements
contained in the order.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.212-5 [Amended]
0
3. Amend section 52.212-5 by--
0
a. Revising the date of the clause to read ``(MAR 2007)''; and
0
b. Removing from paragraphs (b)(17) and (e)(1)(ii) ``(APR 2002)'' and
adding ``(MAR 2007)'' in its place.
52.213-4 [Amended]
0
4. Amend section 52.213-4 by--
0
a. Revising the date of the clause to read ``(MAR 2007)'';
0
b. Removing from paragraph (a)(1)(iii) ``(APR 2002)'' and adding ``(MAR
2007)'' in its place; and
0
c. Removing from paragraph (a)(2)(vi) ``(SEPT 2006)'' and adding ``(MAR
2007)'' in its place.
0
5. Amend section 52.222-26 by--
0
a. Revising the date of the clause to read ``(MAR 2007)'';
0
b. Redesignating paragraphs (b)(1) through (b)(11), and (c) as
paragraphs (c)(1) through (c)(11), and (d), respectively; removing
paragraph (b) introductory text and adding paragraphs (b)(1) and
(b)(2); and
0
c. Removing from newly designated paragraph (c)(10) ``paragraphs (b)(1)
through (11) of''.
The revised text reads as follows:
52.222-26 Equal Opportunity.
* * * * *
(b)(1) If, during any 12-month period (including the 12 months
preceding the award of this contract), the Contractor has been or is
awarded nonexempt Federal contracts and/or subcontracts that have an
aggregate value in excess of $10,000, the Contractor shall comply with
this clause, except for work performed outside the United States by
employees who were not recruited within the United States. Upon
request, the Contractor shall provide information necessary to
determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association,
educational institution, or society, the requirements of this clause do
not apply with respect to the employment of individuals of a particular
religion to perform work connected with the carrying on of the
Contractor's activities (41 CFR 60-1.5).
* * * * *
52.244-6 [Amended]
0
6. Amend section 52.244-6 by--
0
a. Revising the date of the clause to read ``(MAR 2007)''; and
0
b. Removing from paragraph (c)(1)(ii) ``(MAY 2002)'' and adding ``(MAR
2007)'' in its place.
[FR Doc. 07-1357 Filed 3-21-07; 8:45 am]
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