[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31643-31644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14526]



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DEPARTMENT OF DEFENSE
48 CFR Parts 22 and 52

[FAC 90-39; FAR Case 93-615; Item XI]
RIN 9000-AG02


Federal Acquisition Regulation; Use of Convict Labor

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 have agreed on a final rule to amend 
the Federal Acquisition Regulation (FAR) to reflect changes in the 
statutory restrictions on employment of convict labor in the 
performance of Government contracts. This regulatory action was not 
subject to Office of Management and Budget review under Executive Order 
12866, dated September 30, 1993, and is not a major rule under 5 U.S.C. 
804.

EFFECTIVE DATE: August 19, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4037, GS Building,

[[Page 31644]]

Washington, DC 20405 (202) 501-4755. Please cite FAC 90-39, FAR case 
93-615.

SUPPLEMENTARY INFORMATION:

A. Background

    A proposed rule was published in the Federal Register on September 
6, 1994 (59 FR 46020). The proposed rule amended FAR Subpart 22.2 and 
the clause at 52.222-3 to (1) remove all references to 18 U.S.C. 
4082(c)(2), which now only applies to offenses committed prior to 
November 1, 1987; (2) reflect the addition of the Commonwealth of the 
Northern Mariana Islands to the jurisdictions covered by Executive 
Order 11755; and (3) include further information regarding the 
requirements of Executive Order 11755, as amended by Executive Order 
12608.
    No substantive comments were received on the proposed rule during 
the public comment period. The Councils, therefore, agreed to adopt the 
proposed rule as a final rule without change.

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 it merely updates FAR 
language pertaining to the employment of convict labor to conform to 
current statutory requirements. No comments were received on the impact 
of this rule on small entities during the public comment period.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public which 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: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Parts 22 and 52 are amended as set forth below:
    1. The authority citation for 48 CFR Parts 22 and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    2. Section 22.201 is revised to read as follows:


Sec. 22.201   General.

    (a) Executive Order 11755, December 29, 1973, as amended by 
Executive Order 12608, September 9, 1987, and Executive Order 12943, 
December 13, 1994, states: ``The development of the occupational and 
educational skills of prison inmates is essential to their 
rehabilitation and to their ability to make an effective return to free 
society. Meaningful employment serves to develop those skills. It is 
also true, however, that care must be exercised to avoid either the 
exploitation of convict labor or any unfair competition between convict 
labor and free labor in the production of goods and services.'' The 
Executive order does not prohibit the contractor, in performing the 
contract, from employing--
    (1) Persons on parole or probation;
    (2) Persons who have been pardoned or who have served their terms;
    (3) Federal prisoners; or
    (4) Nonfederal prisoners authorized to work at paid employment in 
the community under the laws of a jurisdiction listed in the Executive 
order if--
    (i) The worker is paid or is in an approved work training program 
on a voluntary basis;
    (ii) Representatives of local union central bodies or similar labor 
union organizations have been consulted;
    (iii) Paid employment will not--
    (A) Result in the displacement of employed workers;
    (B) Be applied in skills, crafts, or trades in which there is a 
surplus of available gainful labor in the locality; or
    (C) Impair existing contracts for services;
    (iv) The rates of pay and other conditions of employment will not 
be less than those for work of a similar nature in the locality where 
the work is being performed; and
    (v) The Attorney General of the United States has certified that 
the work-release laws or regulations of the jurisdiction involved are 
in conformity with the requirements of Executive Order 11755, as 
amended.
    (b) Department of Justice regulations authorize the Director of the 
Bureau of Justice Assistance to exercise the power and authority vested 
in the Attorney General by the Executive order to certify and to revoke 
the certification of work-release laws or regulations (see 28 CFR 0.94-
1(b)).


22.202   [Amended]

    3. Section 22.202 is amended in the introductory paragraph by 
inserting after ``Samoa,'' ``the Commonwealth of the Northern Mariana 
Islands,''.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Section 52.222-3 is revised to read as follows:


52.222-3   Convict labor.

    As prescribed in 22.202, insert the following clause:

Convict Labor (Aug 1996)

    The Contractor agrees not to employ in the performance of this 
contract any person undergoing a sentence of imprisonment which has 
been imposed by any court of a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
Samoa, the Commonwealth of the Northern Mariana Islands, or the 
Trust Territory of the Pacific Islands. This limitation, however, 
shall not prohibit the employment by the Contractor in the 
performance of this contract of persons on parole or probation to 
work at paid employment during the term of their sentence or persons 
who have been pardoned or who have served their terms. Nor shall it 
prohibit the employment by the Contractor in the performance of this 
contract of persons confined for violation of the laws of any of the 
States, the District of Columbia, the Commonwealth of Puerto Rico, 
the Virgin Islands, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, or the Trust Territory of the Pacific 
Islands who are authorized to work at paid employment in the 
community under the laws of such jurisdiction, if--
    (a)(1) The worker is paid or is in an approved work training 
program on a voluntary basis;
    (2) Representatives of local union central bodies or similar 
labor union organizations have been consulted;
    (3) Such paid employment will not result in the displacement of 
employed workers, or be applied in skills, crafts, or trades in 
which there is a surplus of available gainful labor in the locality, 
or impair existing contracts for services; and
    (4) The rates of pay and other conditions of employment will not 
be less than those paid or provided for work of a similar nature in 
the locality in which the work is being performed; and
    (b) The Attorney General of the United States has certified that 
the work-release laws or regulations of the jurisdiction involved 
are in conformity with the requirements of Executive Order 11755, as 
amended by Executive Orders 12608 and 12943.

(End of clause)

[FR Doc. 96-14526 Filed 6-19-96; 8:45 am]
BILLING CODE 6820-EP-P