[Federal Register Volume 62, Number 1 (Thursday, January 2, 1997)]
[Rules and Regulations]
[Pages 266-267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33212]


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DEPARTMENT OF DEFENSE
48 CFR Part 9

[FAC 90-45; FAR Case 96-320; Item VIII]
RIN 9000-AH47


Federal Acquisition Regulation; Compliance with Immigration and 
Nationality Act Provisions

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule adopted as final rule.

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[[Page 267]]

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to convert the interim rule 
published at 61 FR 41472, August 8, 1996, to a final rule without 
change. The rule amended the Federal Acquisition Regulation (FAR) to 
implement Executive Order 12989 of February 13, 1996, Economy and 
Efficiency in Government Procurement Through Compliance With Certain 
Immigration and Naturalization Act Provisions. This regulatory action 
was not subject to Office of Management and Budget review under 
Executive Order 12866, dated September 30, 1993, and is not a major 
rule under 5 U.S.C. 804.

EFFECTIVE DATE: January 1, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Paul L. Linfield at (202) 501-1757 
in reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4037, GS Building, Washington, DC 20405, (202) 501-
4755. Please cite FAC 90-45, FAR case 96-320.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule implements Executive Order 12989 of February 13, 
1996, which provides that a contractor may be debarred upon a 
determination by the Attorney General that the contractor is not in 
compliance with the employment provisions of the Immigration and 
Nationality Act. No comments were received in response to the interim 
rule published on August 8, 1996.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not 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 only a small number of 
Federal contractors are likely to be the subject of a determination by 
the Attorney General that they are not in compliance with the 
employment provisions of the Immigration and Nationality Act.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the final rule 
does not impose recordkeeping or information collection requirements, 
which 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: December 24, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final

    The interim rule published as Item II of FAC 90-41 (61 FR 41472, 
August 8, 1996) is converted to a final rule without change. The rule 
amended FAR 9.406 to specify that a contractor may be debarred upon a 
determination by the Attorney General that the contractor is not in 
compliance with the employment provisions of the Immigration and 
Nationality Act.
    The authority citation for 48 CFR Part 9 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).
[FR Doc. 96-33212 Filed 12-31-96; 8:45 am]
BILLING CODE 6820-EP-P