Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations 92847 

1See Homeland Security Acquisition Regulation, 

Rescinding Reserve Officer Training Corps and 

Military Recruiting on Campus Clause (HSAR Case 

2024–001), 89 FR 61384 (Jul. 31, 2024). 

2See Department of Homeland Security 

Acquisition Regulation, 68 FR 67868 (Dec. 4, 2003). 

3See Revision of Department of Homeland 

Security Acquisition Regulation, 71 FR 25759 (May 

2, 2006). 

4See 85 FR 67619 (Oct. 23, 2020). 

Connect American Model (A–CAM) or 

Alaska Plan support to file line count 

data on FCC Form 507 as a condition of 

high-cost support. Connect America 

Fund et al., WC Docket No. 10–90 et al., 

Report and Order, Further Notice of 

Proposed Rulemaking and Order on 

Reconsideration, 33 FCC Rcd 11893 

(2018) (2018 Rate-of-Return Reform 

Order). Historically, all rate-of-return 

carriers that received CAF–BLS or, prior 

to that, ICLS, were required to file line 

count data on FCC Form 507 as a 

condition of that support but Rate-ofreturn carriers that had elected to 

receive A–CAM I, A–CAM II, or Alaska 

Plan instead were not. Id. at 11937, 

para. 148. In order to restore a data set 

that the Commission relied on to 

evaluate the effectiveness of its highcost universal service programs, the 

Commission revised its rules in that 

Order to require all rate-of-return 

carriers to file that data. See id. at 

11937, para. 51. While carriers receiving 

CAF–BLS must file the line count data 

on March 31 for line counts as of the 

prior December 31, the A–CAM I, A– 

CAM II, and Alaska Plan carriers will be 

required to file on July 1 of each year 

to coincide with other existing 

requirements in OMB Control No. 3060– 

0986. 47 CFR 54.903(a)(1), 54.313(f)(5). 

On October 20, 2023, the Commission 

made changes to rate-of-return reporting 

rules by eliminating optional 

unseparated loop cost data quarterly 

updates. Connect America Fund et al., 

WC Docket No. 10–90 et al. WT Docket 

No. 10–208, Notice of Proposed 

Rulemaking and Report and Order, FCC 

23–87 at 79–80, paras. 181–82 (Oct. 20, 

2023). In addition, the Commission 

amended section 36.4 of the 

Commission’s rules, 47 CFR 36.4, to 

require local exchange carriers seeking a 

change in study area boundaries to 

submit a petition for waiver of these 

boundary changes notwithstanding any 

prior exemptions from such waiver 

requests including, but not limited to, 

when a company is combining 

previously unserved territory with one 

of its study areas or a holding company 

is consolidating existing study areas 

within the same state. See id. at 176– 

180, paras. 77–79. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–27481 Filed 11–22–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

48 CFR Parts 3009 and 3052 

[Docket No. DHS–2024–0023] 

RIN 1601–AB14 

Homeland Security Acquisition 

Regulation, Rescinding Reserve 

Officer Training Corps and Military 

Recruiting on Campus Clause (HSAR 

Case 2024–001) 

AGENCY: Office of the Chief Procurement 

Officer, Department of Homeland 

Security (DHS). 

ACTION: Final rule. 

SUMMARY: DHS is issuing a final rule to 

amend the Homeland Security 

Acquisition Regulation (HSAR) to 

remove and reserve an HSAR clause and 

subpart. These provisions contain 

regulatory requirements, which 

prohibits the award of certain Federal 

contracts to institutions of higher 

education that prohibit Reserve Officer 

Training Corps units or military 

recruiting on campus. These HSAR 

provisions are no longer needed in light 

of amendments made in the Federal 

Acquisition Regulation (FAR), which 

DHS has adhered to since December 

2020. 

DATES: This final rule is effective 

December 26, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ellen Murray, Procurement Analyst, 

DHS, Office of the Chief Procurement 

Officer, Acquisition Policy and 

Legislation at (202) 282–8000 or email 

HSAR@hq.dhs.gov. When using email, 

include HSAR Case 2024–001 in the 

‘‘Subject’’ line. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Background 

II. Discussion of Comments and the Final 

Rule 

III. Regulatory Analyses 

A. Executive Orders 12866, 13563, and 

14094 

B. Regulatory Flexibility Act 

C. Paperwork Reduction Act 

D. National Environmental Policy Act 

I. Background 

In a Notice of Proposed Rulemaking 

(NPRM), published in the Federal 

Register on July 31, 2024, DHS 

proposed to amend certain Homeland 

Security Acquisition Regulation (HSAR) 

provisions prohibiting the award of 

certain Federal contracts to institutions 

of higher education that prohibit 

Reserve Officer Training Corps units or 

military recruiting on campus.1

As explained in the NPRM, on 

December 4, 2003, DHS published an 

interim final rule to establish the 

HSAR.2 On May 2, 2006, DHS published 

a final rule, which adopted the interim 

rule with some changes in response to 

public comment (HSAR final rule).3 The 

HSAR final rule finalized, among other 

provisions, HSAR clause 3052.209–71, 

Reserve Officer Training Corps and 

Military Recruiting on Campus (48 CFR 

3052.209–71). This prohibited the 

award of certain Federal contracts to 

institutions of higher education that 

prohibit Reserve Officer Training Corps 

units or military recruiting on campus. 

HSAR clause 3052.209–71 required 

certain contractors to represent at time 

of contract award that it did not have 

and agree that during performance of a 

contract to not adopt, any policy or 

practice that prohibits or prevents the 

maintenance, establishment, or 

operation of a Senior Reserve Officer 

Training Corps (ROTC) unit at the 

institution; students at that institution 

from enrolling in a unit of the Senior 

ROTC at another institution of higher 

education; the Secretary of a military 

department or Secretary of Homeland 

Security from gaining access to 

campuses, or students on campuses, for 

military recruiting purposes; or access 

by military recruiters, for the purposes 

of military recruiting, to certain 

information pertaining to students 

enrolled at the institution. The clause 

also listed the two statutory exceptions 

to the prohibition concerning the award 

of a contract found in 10 U.S.C. 983(c). 

On October 23, 2020, the Department 

of Defense (DoD), the General Services 

Administration (GSA), and National 

Aeronautics and Space Administration 

(NASA) jointly issued a final rule 

entitled Federal Acquisition Regulation 

(FAR) Reserve Officer Training Corps 

and Military Recruiting on Campus 

(‘‘FAR final rule’’).4 The FAR final rule, 

among other amendments, codified for 

all affected Federal agencies a 

requirement to include, where 

applicable, a clause that prohibits the 

award of certain Federal contracts to 

institutions of higher education that 


khammond on DSK9W7S144PROD with RULES
92848 Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations 

5See 85 FR 67619 (Oct. 23, 2020). 

6See HSAR Deviation 21–02, Reserve Officer 

Training Corps and Military Recruiting on Campus, 

available at: https://www.dhs.gov/sites/default/files/ 

publications/hsarclassdeviation_21_02_3009.470_

12-8-2020.pdf (last accessed May 28, 2024). 

7See HSAR Deviation 21–02, Reserve Officer 

Training Corps and Military Recruiting on Campus, 

available at: https://www.dhs.gov/sites/default/files/ 

publications/hsarclassdeviation_21_02_3009.470_

12-8-2020.pdf (last accessed May 28, 2024). 

prohibit Reserve Officer Training Corps 

units or military recruiting on campus.5

On December 8, 2020, DHS issued 

HSAR Class Deviation 21–02, Reserve 

Officer Training Corps and Military 

Recruiting on Campus.6 The deviation 

explained that the FAR final rule 

‘‘effective November 23, 2020, added 

FAR 9.110 that provides the policy and 

procedures for complying with the 10 

U.S.C. 983 prohibition, including FAR 

clause 52.209–14.’’ 7 The deviation then 

directed DHS contracting officers to 

follow the FAR when complying with 

the requirements of 10 U.S.C. 983 and 

suspended use of HSAR 3009.470 and 

HSAR clause 3052.209–71. As a result 

of the FAR revision and HSAR Class 

Deviation 21–02, HSAR clause 

3052.209–71 has not been used to 

comply with 10 U.S.C. 983 since 2020. 

II. Discussion of Comments and the 

Final Rule 

Interested parties were given until 

September 30, 2024, to comment on the 

NPRM. DHS received one public 

comment that was not substantive. The 

one public comment received provided 

support for the rule. 

As explained previously, since 2020 

DHS has complied with the 

requirements of 10 U.S.C. 983 by 

following the regulatory provisions of 

the FAR final rule; not 48 CFR 

3052.209–71 and 48 CFR 3009.470. This 

final rule amends the HSAR to remove 

and reserve 48 CFR 3052.209–71 and 

subpart 3009.4 of 48 CFR part 3009. 

III. Regulatory Analyses 

A. Executive Orders 12866, 13563, and 

14094 

Executive Orders 12866 (Regulatory 

Planning and Review), as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review), and 13563 

(Improving Regulation and Regulatory 

Review) direct agencies to assess the 

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). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. 

The Office of Management and Budget 

(OMB) has not designated this rule a 

significant regulatory action, under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094. 

Accordingly, OMB has not reviewed 

this regulatory action. 

Need for the Rule 

This final rule codifies the 

requirements set forth in the HSAR 

Class Deviation 21–02, Reserve Officer 

Training Corps and Military Recruiting 

on Campus, that directs DHS 

contracting officers to follow the FAR 

when complying with the requirements 

of 10 U.S.C. 983 and suspends use of 

HSAR 3009.470 and HSAR clause 

3052.209–71. As stated previously, 

because of the amendments made in the 

FAR final rule that standardized 

compliance with 10 U.S.C. 983 for all 

affected Federal agencies, DHS 

determined that HSAR clause 3052.209– 

71 and subpart 3009.4 are not needed to 

comply with the requirements of 10 

U.S.C. 983. Therefore, this final rule 

amends the HSAR to remove and 

reserve this clause and its 

corresponding policy. 

Benefits and Costs of the Final Rule 

There are no quantified costs or cost 

savings to this rule as it simply rescinds 

HSAR requirements that DoD, GSA and 

NASA have already incorporated in the 

FAR. DHS believes there will be 

efficiency and streamlining benefits 

from this rule as it will remove agency 

specific provisions from the HSAR. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

Public Law 104–121, (Mar. 29, 1996), 

requires Federal agencies to consider 

the potential impact of regulations on 

small businesses, small governmental 

jurisdictions, and small organizations 

during the development of their rules. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, or 

governmental jurisdictions with 

populations of less than 50,000. This 

final rule rescinds HSAR clause 

3052.209–71 and does not impose new 

requirements on small entities. As such, 

DHS certifies this final rule will not 

result in 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. 

C. 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. 

3501–3521). 

D. National Environmental Policy Act 

Section 102 of the National 

Environmental Policy Act of 1969 

(NEPA), Public Law 91–190, 83 Stat. 

852 (Jan. 1, 1970) (42 U.S.C. 4321 et 

seq.), as amended, requires Federal 

agencies to evaluate the impacts of a 

major Federal actions that may 

significantly affect the human 

environment, consider alternatives to 

the proposed action, provide public 

notice and opportunity to comment, and 

properly document its analysis. DHS 

and its agency components analyzed the 

actions in this rule to determine 

whether NEPA applies to them and, if 

so, what level of documentation and 

analysis is required. 

DHS Directive 023–01, Rev. 01 and 

DHS Instruction Manual 023–01–001– 

01, Rev. 01 (Instruction Manual) 

establish the policies and procedures 

DHS and its component agencies use to 

comply with NEPA and the Council on 

Environmental Quality regulations for 

implementing NEPA codified in 40 CFR 

parts 1500–1508. The CEQ regulations 

allow Federal agencies to establish, in 

their implementing procedures, with 

CEQ review and concurrence, categories 

of actions (‘‘categorical exclusions’’) that 

experience has shown do not, 

individually or in the aggregate, have a 

significant effect on the human 

environment and, therefore, do not 

require preparation of an environmental 

assessment or environmental impact 

statement. 40 CFR 1501.4, 

1507.3(e)(2)(ii). Appendix A of the 

Instruction Manual lists the DHS 

categorical exclusions. 

Under DHS NEPA implementing 

procedures, for an action to be 

categorically excluded, it must satisfy 

each of the following three conditions: 

(1) the entire action clearly fits within 

one or more categorical exclusions; (2) 

the action is not a piece of a larger 

action; and (3) no extraordinary 

circumstances exist that create the 

potential for a significant environmental 

effect. 

This final rule amends the HSAR to 

remove and reserve HSAR clause 

3052.209–71 and subpart 3009.4. As 

stated previously, this HSAR clause and 

its corresponding policy that this rule 

removes are now obsolete given that a 


khammond on DSK9W7S144PROD with RULES
Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations 92849 

1See 89 FR 59877, Homeland Security 

Acquisition Regulation, Restrictions on Foreign 

Acquisition Update (HSAR Case 2024–002) (Jul. 24, 

2024). 

2See Public Law 111–5, 123 Stat. 115,165–166 

(Feb. 17, 2009). 

3Section 604 of the Recovery Act is codified at 

6 U.S.C. 453b. 

4See 6 U.S.C. 453b. 

5See 6 U.S.C. 453b(d). 

6See 6 U.S.C. 453b(k). 

7See, e.g., 75 FR 32676, (June 9, 2010). 

8See 6 U.S.C. 453b(l). 

9See Revision of Department of Homeland 

Security Acquisition Regulation; Restrictions on 

Foreign Acquisition (HSAR Case 2009–004), 74 FR 

41346 (Aug. 17, 2009). 

10See Revision of Department of Homeland 

Security Acquisition Regulation; Restrictions on 

Foreign Acquisition (HSAR Case 2009–004), 75 FR 

32676 (June 9, 2010). 

FAR clause has been implemented to 

create a single standard for all agencies 

subject to 10 U.S.C. 983 to comply with 

the statutory requirements. 

DHS is not aware of any significant 

impact on the environment, or any 

change in environmental effect that will 

result from this final rule. DHS finds 

promulgation of the rule clearly fits 

within categorical exclusion A3, 

established in the Department’s NEPA 

implementing procedures as removing 

and reserving HSAR clause 3052.209–71 

and subpart 3009.4 is strictly 

administrative in nature. 

This final rule is a standalone rule 

and is not part of any larger action. This 

final rule will not result in any major 

Federal action that will significantly 

affect the quality of the human 

environment. Furthermore, DHS has 

determined that no extraordinary 

circumstances exist that will create the 

potential for significant environmental 

effects. Therefore, this final rule is 

categorically excluded from further 

NEPA review and documentation. 

List of Subjects in 48 CFR Parts 3009 

and 3052 

Government procurement. 

For the reasons set forth in the 

preamble, DHS amends 48 CFR parts 

3009 and 3052 as follows: 

PART 3009—CONTRACTOR 

QUALIFICATIONS 

■ 1. The authority citation for part 3009 

continues to read as follows: 

Authority: 5 U.S.C. 301–302, 41 U.S.C. 

1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 

CFR subpart 1.3. 

3009.4 [Removed and Reserved] 

■ 2. Remove and reserve subpart 3009.4. 

PART 3052—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for part 3052 

continues to read as follows: 

Authority: 5 U.S.C. 301–302, 41 U.S.C. 

1707, 41 U.S.C. 1702, 41 U.S.C. 1303(a)(2), 48 

CFR part 1, subpart 1.3, and DHS Delegation 

Number 0702. 

3052.209–71 [Removed and Reserved] 

■ 4. Remove and reserve section 

3052.209–71. 

Paul Courtney, 

Chief Procurement Officer, Department of 

Homeland Security. 

[FR Doc. 2024–27631 Filed 11–22–24; 8:45 am] 

BILLING CODE 9112–FE–P 

DEPARTMENT OF HOMELAND 

SECURITY 

48 CFR Parts 3025 and 3052 

[Docket No. DHS–2024–0022] 

RIN 1601–AB13 

Homeland Security Acquisition 

Regulation, Restrictions on Foreign 

Acquisition Update (HSAR Case 2024– 

002) 

AGENCY: Office of the Chief Procurement 

Officer, Department of Homeland 

Security (DHS). 

ACTION: Final rule. 

SUMMARY: DHS is issuing a final rule to 

amend the Homeland Security 

Acquisition Regulation (HSAR) 

provisions that relate to the Kissell 

Amendment, a section of the American 

Recovery and Reinvestment Act of 2009, 

that deals with the acquisition of certain 

clothing, canvas or textile products and 

natural and synthetic fabrics. These 

changes are intended to reduce 

confusion and provide clarity to the 

requirements under the Kissell 

Amendment. 

DATES: This final rule is effective 

December 26, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Harvey, Department of Homeland 

Security, Office of the Chief 

Procurement Officer, Acquisition Policy 

and Legislation, at (202) 282–8000 or 

email at HSAR@hq.dhs.gov. Include 

HSAR Case 2024–002 in the subject 

line. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Background 

II. Discussion of Comments and the Final 

Rule 

III. Regulatory Analyses 

A. Executive Orders 12866, 13563, and 

14094 

B. Regulatory Flexibility Act 

C. Paperwork Reduction Act 

D. National Environmental Policy Act 

I. Background 

In a Notice of Proposed Rulemaking 

(NPRM), published in the Federal 

Register on July 24, 2024, DHS 

proposed to amend the Homeland 

Security Acquisition Regulation (HSAR) 

provisions that relate to the Kissell 

Amendment, a section of the American 

Recovery and Reinvestment Act of 2009 

(Recovery Act), that deals with the 

acquisition of certain clothing, canvas or 

textile products and natural and 

synthetic fabrics.1

As explained in the NPRM, the 

Recovery Act was enacted in 2009.2

Section 604 of the Recovery Act is also 

known as the Kissell Amendment.3 The 

Kissell Amendment requires, with 

limited exceptions, that funds 

appropriated or otherwise available to 

DHS may not be used for the 

procurement of certain textiles, clothing 

and footwear, if that item is directly 

related to the national security interests 

of the United States, unless the item is 

grown, reprocessed, reused, or produced 

in the United States.4 One of the 

exceptions is a De Minimis Exception, 

which allows the Secretary of Homeland 

Security to accept delivery of the 

aforementioned textiles, clothing and 

footwear ‘‘that contain non-compliant 

fibers if the total value of non-compliant 

fibers contained in the end item does 

not exceed 10 percent of the total 

purchase price of the end item.’’ 5

The Kissel Amendment further 

requires DHS to apply it in a manner 

consistent with United States 

obligations under international 

agreements.6 As DHS has explained in 

prior notices, this includes free trade 

agreements and the World Trade 

Organization Agreement on Government 

Procurement.7 These requirements 

apply with respect to contracts entered 

into by DHS on or after August 16, 

2009.8

As discussed in the NPRM, in 2009, 

DHS published an interim rule (‘‘2009 

Interim Rule’’) amending the Homeland 

Security Acquisition Regulation (HSAR) 

at 48 CFR part 3025, Foreign 

Acquisitions, and part 3052, Solicitation 

Provisions and Contract Clauses, 

incorporating the Kissell Amendment 

requirements.9 In 2010, DHS published 

a final rule (‘‘2010 Final Rule’’) adopting 

the 2009 Interim Rule as final without 

change.10 The 2009 Interim Rule made 

amendments to the HSAR ‘‘to add 

solicitation provisions, contract clauses 

and related policy statements 

implementing these requirements and 


khammond on DSK9W7S144PROD with RULES