[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Proposed Rules]
[Page 22992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07674]


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DEPARTMENT OF HOMELAND SECURITY

48 CFR Parts 3015, 3016, and 3052

[Docket No. DHS-2009-005]
RIN 1601-AA43


Revision of Department of Homeland Security Acquisition 
Regulation; Limitations on Subcontracting in Emergency Acquisitions 
(HSAR Case 2009-005); Withdrawal

AGENCY: Office of the Chief Procurement Officer, Department of Homeland 
Security (DHS).

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: DHS is withdrawing a proposed rule titled ``Revision of 
Department of Homeland Security Acquisition Regulation; Limitations on 
Subcontracting in Emergency Acquisitions (HSAR Case 2009-005)'' and 
providing notice of its cancellation. The notice of proposed rulemaking 
proposed to amend the Homeland Security Acquisition Regulation (HSAR) 
to implement a law that limited the use of subcontractors on cost-
reimbursement type contracts entered into by the Department to 
facilitate the response to or recovery from a natural disaster or act 
of terrorism or other man-made disaster. DHS is withdrawing this 
proposed rule because Congress has since repealed this provision. Thus, 
DHS will not take any further action on this proposal.

DATES: The proposed rule published on June 9, 2010 (75 FR 32723), is 
withdrawn as of April 14, 2023.

ADDRESSES: Mail: Department of Homeland Security, Office of the Chief 
Procurement Officer, Acquisition Policy and Legislation, ATTN: 
Catherine Benavides, 245 Murray Drive, Bldg. 410 (RDS), Washington, DC 
20528.

FOR FURTHER INFORMATION CONTACT: Ms. Catherine Benavides, Procurement 
Analyst, DHS, Office of the Chief Procurement Officer, Acquisition 
Policy and Legislation at (202) 897-8301 or email [email protected]. When 
using email, include HSAR Case 2009-005 in the ``Subject'' line.

SUPPLEMENTARY INFORMATION: On June 9, 2010, DHS proposed to amend the 
HSAR, 48 CFR parts 3015, 3016, and 3052, to propose regulations to 
implement Public Law 109-295, Post-Katrina Emergency Management Reform 
Act (PKERMA), title VI, section 692, Limitations on Tiering of 
Subcontractors. Subsequently, title VIII, section 866 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 resulted 
in Government-wide changes to the Federal Acquisition Regulation to 
prevent excessive subcontracting, making section 692 unnecessary. 
Subsequently Congress repealed section 692 in Public Law 117-253 
(December 20, 2022). Thus, DHS is withdrawing this proposed rule and 
will not take any further action on this proposal.

Paul Courtney,
Chief Procurement Officer, Department of Homeland Security.
[FR Doc. 2023-07674 Filed 4-13-23; 8:45 am]
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