[Federal Register: December 26, 2007 (Volume 72, Number 246)]
[Rules and Regulations]
[Page 73218-73219]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de07-22]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22 and 52
[FAC 2005-23; FAR Case 2006-019; Item II; Docket 2007-0001; 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).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have adopted as final,
without change, 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: December 26, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775 for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-23, FAR case
2006-019.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the FAR to incorporate the exemption for
religious entities prescribed in E.O. 13279. Executive Order 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. Executive Order
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 E.O. 11246.
DoD, GSA, and NASA published an interim rule with request for
comments in the Federal Register at 72 FR 13586, March 22, 2007. No
public comments were received on the rule. The Councils have determined
to adopt the interim rule as final, without change.
This 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 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 the rule only aligns
the FAR with the Department of Labor implementation of the exemption
for consistency and clarity. The Department of Labor stated in its
Federal Register notice of September 30, 2003, that the rule will not
have a significant economic impact on a substantial number of small
business entities. The rule is expected to have a small positive impact
on small business entities, as the rule eases hiring restrictions for
religious entities. The rule does not impose new requirements that
impose a burden on contractors. No comments were received with regard
to an impact on small business.
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 Parts 22 and 52
Government procurement.
Dated: December 19, 2007.
Al Matera,
Director, Office of Acquisition Policy.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR parts 22 and 52,
[[Page 73219]]
which was published in the Federal Register at 72 FR 13586 on March 22,
2007, is adopted as a final rule without change.
[FR Doc. E7-24938 Filed 12-21-07; 8:45 am]
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