[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Rules and Regulations]
[Pages 73218-73219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24938]


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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]
BILLING CODE 6820-EP-P