[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Rules and Regulations]
[Pages 34230-34231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13621]


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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]
BILLING CODE 6820-EP-P