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[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35699-35700]
From the Federal Register Online via the Government Printing 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

0
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]
BILLING CODE 5001-06-P
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