[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Rules and Regulations]
[Pages 47807-47808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15396]



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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1803 and 1852

[Notice: 23-075]
RIN 2700-AE69


NASA Federal Acquisition Regulation Supplement: Accommodating the 
Incorporation, Transfer, and Reorganization of Defense Acquisition 
Statutes (NFS Case 2022-N002)

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: National Aeronautics and Space Administration (NASA) is 
issuing a final rule amending the NASA Federal Acquisition Regulation 
Supplement (NFS) to conform to changes to the U.S. Code pursuant to a 
section of the William M. (Mac) Thornberry National Defense 
Authorization Act (NDAA) for Fiscal Year (FY) 2021.

DATES: Effective: August 24, 2023.

FOR FURTHER INFORMATION CONTACT: Andrew O'Rourke, NASA HQs, Office of 
Procurement Management and Policy Division, LP-011, 300 E. Street SW, 
Washington, DC 20456-0001. Telephone 202-358-4560; facsimile 202-358-
3082.

SUPPLEMENTARY INFORMATION:

I. Background

    This final rule amends the NASA FAR Supplement (NFS) to change 
references to Title 10 of the U.S. Code. The William M. (Mac) 
Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 
(FY) 2021 (Pub. L. 116-283), contains Title XVIII, Transfer and 
Reorganization of Defense Acquisition Statutes, sections 1801-1885. 
Title XVIII, Sections 1801-1885, transfers, reorganizes (including 
making conforming changes), redesignates, and consolidates defense 
acquisition statutes into Part V of subtitle A, Acquisition, of Title 
10 of the U.S. Code. Title XVIII also creates a more rational 
organization of acquisition statutes, loosely following the Federal 
Acquisition Regulation structure. The genesis of Title XVIII stems, in 
large part, from a Section 809 Panel recommendation to consolidate and 
reorganize all Department of Defense (DOD)-related acquisition statutes 
into a single Part V because the then-existing statutory structure was 
cumbersome, haphazardly arranged, confusing and difficult to navigate. 
Congress implemented a version of this recommendation when it 
established a new Part V in the FY 2019 NDAA, in Section 801--Framework 
for New Part V of Subtitle A, and Sections 806-809--Redesignation of 
Numerous DOD Statutes. The FY 2019 NDAA did not transfer statutes into 
the newly created Part V of Title 10. Title XVIII, sections 1801-1885, 
of the FY 2021 NDAA transfers existing Title 10 acquisition statutes 
into the Part V shell. FY 2021 NDAA Title XVIII sections 1801-1885 has 
an effective date of January 1, 2022.
    This rule does not add any new solicitation provisions or contract 
clauses. This rule merely revises references to Title 10 of the U.S. 
Code in the NASA FAR Supplement (NFS) including in part 1852, as 
appropriate. It does not add any new burdens because the case does not 
add or change any requirements with which vendors must comply.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because NASA is not issuing a new regulation; rather, this rule is 
merely an editorial change to Title 10 of the U.S. Code in the NASA FAR 
Supplement (NFS).

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804 requirements with which vendors must comply.

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a ``major rule'' may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. A major rule cannot take 
effect until 60 days after it is published in the Federal Register. 
This rule has been reviewed and determined by OMB not to be a ``major 
rule'' under 5 U.S.C. 804(2).

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not 
apply to this rule, because an opportunity for public comment is not 
required to be given for this rule under 41 U.S.C. 1707(a)(1) (see 
section II. of this preamble). Accordingly, no regulatory flexibility 
analysis is required, and none has been prepared.

VI. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 1803 and 1852

    Government procurement.

Erica Jones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1803 and 1852 are amended as follows:

PART 1803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

0
1. The authority citation for part 1803 continues to read as follows:

    Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.


1803.900  [Amended]

0
2. Amend section 1803.900 in paragraph (a) by removing ``2409'' and 
adding in its place ``4701''.


1803.903  [Amended]

0
3. Amend section 1803.903 in paragraph (a) by removing ``2409'' and 
adding in its place ``4701''.

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1803.906  [Amended]

0
4. Amend section 1803.906 in paragraphs (b)(2), (c), and (d) by 
removing ``2409'' and adding in its place ``4701''.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. The authority citation for part 1852 continues to read as follows:

    Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.

0
6. Amend section 1852.203-71:
0
a. By revising the date of the clause; and
0
b. In paragraph (a) by removing ``2409'' and adding in its place 
``4701''.
    The revision reads as follows:


1852.203-71  Requirement to inform employees of whistleblower rights.

* * * * *

Requirement To Inform Employees of Whistleblower Rights (Jul 2023)

* * * * *

0
7. Amend section 1852.216-90:
0
a. By revising the date of the clause; and
0
b. In paragraphs (1) and (2) by removing ``2409'' and adding in its 
place ``4701''.
    The revision reads as follows:


1852.216-90  Allowability of legal costs incurred in connection with a 
whistleblower proceeding.

* * * * *

Allowability of Legal Costs Incurred in Connection With a Whistleblower 
Proceeding (Jul 2023)

* * * * *

[FR Doc. 2023-15396 Filed 7-24-23; 8:45 am]
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