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GAO-15-423R 1 (2015-04-17)

handle is hein.gao/gaobaaiul0001 and id is 1 raw text is: cAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 April 17, 2015 The Honorable Mac Thornberry Chairman The Honorable Adam Smith Ranking Member Committee on Armed Services House of Representatives Department of Defense: Acquisition Rulemaking Practices This report transmits our February 2015 briefing prepared in response to the mandated review contained in House Report 113-446, accompanying H.R. 4435, Howard P. 'Buck' McKeon National Defense Authorization Act (NDAA) of 2015, of the Department of Defense (DOD) acquisition rulemaking practices. Our objectives were (1) to describe DOD's current rulemaking procedures, including relevant provisions for notice and comment, for Defense Federal Acquisition Regulation Supplement (DFARS) rules; (2) to determine the frequency with which DOD issued final and interim rules without prior notice and comment during fiscal years 2010 through 2014; (3) to determine the most common justifications given by DOD when issuing final and interim DFARS rules without prior notice and comment; and (4) to identify methods cited by DOD for promoting constructive communication between DOD, the public, and the acquisition industry during rulemaking. To describe DOD's current rulemaking procedures for DFARS rules, we reviewed the relevant rulemaking requirements for issuance of DFARS rules, including 41 U.S.C. § 1707, which governs DOD's DFARS rulemaking process, and related agency guidance. To determine the frequency of final and interim DFARS rule issued without prior notice and comment between fiscal years 2010 and 2014, we compiled a list of all DFARS rules published by DOD in the Rules and Regulations section during those fiscal years, using the Government Printing Office's Federal Digital System database on the Federal Register, supplemented by documentation from DOD and testimonial evidence from DOD officials.1 We then analyzed that universe of 279 interim and final DFARS rules and technical amendments published in the Rules and Regulations section of the Federal Register and applied criteria from the relevant rulemaking requirements to identify those rules published without prior notice and comment. To determine the most common justifications cited by DOD for issuing final and interim DFARS rules without prior notice and comment, we reviewed all 139 DFARS rules published in the Federal Register 'Published by the Office of the Federal Register, National Archives and Records Administration, the Federal Register is the official daily publication for rules, proposed rules, and notices of federal agencies and organizations. The Rules and Regulations section contains final rules and regulations-those regulatory documents having general applicability and legal effect. GAO-1 5-423R Department of Defense Page 1

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