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B-332365 1 (2020-07-27)

handle is hein.gao/gaobaebqc0001 and id is 1 raw text is: cAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332365 July 27, 2020 The Honorable Ron Johnson Chairman The Honorable Gary C. Peters Ranking Member Committee on Homeland Security and Governmental Affairs United States Senate The Honorable Carolyn B. Maloney Chairwoman The Honorable James Comer Ranking Member Committee on Oversight and Reform House of Representatives Subject: Department of Defense, General Services Administration, National Aeronautics and Space Administration: Federal Acquisition Regulation: Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (the agencies) entitled Federal Acquisition Regulation: Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment (RIN: 9000-AN92). We received the rule on July 13, 2020. It was published in the Federal Register as an interim rule on July 14, 2020. 85 Fed. Reg. 42665. The rule has an effective date of August 13, 2020. This interim rule, issued jointly by the agencies, amends the Federal Acquisition Regulation (FAR) to implement section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. Pub. L. No. 115-232, 132 Stat. 1636, 1917 (Aug. 13, 2018) (section 899(a)(1)(B)). The agencies explain that section 889(a)(1)(B) prohibits executive agencies from entering into, or extending or renewing, a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The agencies asserted that the rule seeks to avoid the disruption of federal contractor systems and operations that could in turn disrupt the operations of the federal government, which relies on contractors to provide a range of support and services. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register of receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or

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