[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35699-35700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14585]
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DEPARTMENT OF DEFENSE
48 CFR Parts 202 and 217
RIN 0750-AI23
Defense Federal Acquisition Regulation Supplement: Definition of
``Congressional Defense Committees'' (DFARS Case 2013-D027)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to clarify the meaning of the
phrase ``congressional defense committees.''
DATES: Effective June 24, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Lee Renna, telephone 571-372-6095.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to clarify the meaning of the phrase
``congressional defense committees.'' Generally, when this phrase
appears in the DFARS, it has the same meaning as set forth in 10 U.S.C.
101(a)(16), i.e., the Committee on Armed Services and the Committee on
Appropriations, of the Senate and of the House. In DFARS 202.101, a new
paragraph has been added, indicating that the definition for
``congressional defense committees'' is in accordance with 10 U.S.C.
101(a)(16), or as otherwise specified by statute for particular
applications. The definition at 202.101 will no longer include the
Subcommittees on Defense of the Committees on Appropriation, in keeping
with the definition at 10 U.S.C. 101(a)(16).
There are instances, however, when this definition may be modified
to reflect the unique requirements of a specific law. Such is the case
at DFARS 217.103. At DFARS subpart 217.1, which pertains to multiyear
contracting, the definition for ``congressional defense committees'' is
derived from DoD annual appropriations acts. As such, a new definition
has been added, which also encompasses the Subcommittees on Defense of
the Committees on Appropriations for the Senate and House.
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 Defense Federal
Acquisition Regulation Supplement. 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 it will not have a significant cost or administrative
impact. These requirements affect only the internal operating
procedures of the Government.
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.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
[[Page 35700]]
V. Paperwork Reduction Act
This 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 202 and 217
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 202 and 217 are amended as follows:
0
1. The authority citation for 48 CFR parts 202 and 217 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 202--DEFINITIONS OF WORDS AND TERMS
0
2. Amend section 202.101 by revising the definition of ``congressional
defense committees'' to read as follows:
202.101 Definitions.
Congressional defense committees means--
(1) In accordance with 10 U.S.C. 101(a)(16), except as otherwise
specified in paragraph (2) of this definition or as otherwise specified
by statute for particular applications--
(i) The Committee on Armed Services of the Senate;
(ii) The Committee on Appropriations of the Senate;
(iii) The Committee on Armed Services of the House of
Representatives; and
(iv) The Committee on Appropriations of the House of
Representatives.
(2) For use in subpart 217.1, see the definition at 217.103.
* * * * *
PART 217--SPECIAL CONTRACTING METHODS
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3. Amend section 217.103 by adding, in alphabetical order, the
definition for ``congressional defense committees'' to read as follows:
217.103 Definitions.
* * * * *
Congressional defense committees means--
(1) The Committee on Armed Services of the Senate;
(2) The Committee on Appropriations of the Senate;
(3) The Subcommittee on Defense of the Committee on Appropriations
of the Senate;
(4) The Committee on Armed Services of the House of
Representatives;
(5) The Committee on Appropriations of the House of
Representatives; and
(6) The Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives.
* * * * *
[FR Doc. 2014-14585 Filed 6-23-14; 8:45 am]
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