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DOD/DARC RIN: 0750-AG93 Publication ID: Spring 2011 
Title: ●Definition of Sexual Assault; DFARS Case 2010-D023 
Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) regarding Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, to ensure contractor employees are aware of the DoD definition of "sexual assault" as defined in DoD Directive 6495.01, Sexual Assault Prevention and Response (SAPR) Program. In addition to ensuring an awareness of the definition, the proposed change will inform contractors that, for contractor employees accompanying U.S. Armed Forces, such offenses are covered under the Uniform Code of Military Justice. This proposed change will add a new item for compliance with laws and regulations at DFARS 252.225-7040(d)(3). DoD Inspector General audit D-2010-052, entitled "Efforts to Prevent Sexual Assault/Harassment Involving DoD Contractors During Contingency Operations," dated April 16, 2010, pro vided recommendations for the Under Secretary of Defense for Acquisition, Technology, and Logistics to develop requirements in all DOD contracts supporting contingency operations to ensure contractor employees accompanying U.S. Armed Forces are aware of the definition of sexual assault. DFARS 252.225-7040(e)(2)(iv) already informs contractors that contractor personnel authorized to accompany U.S. Armed Forces in the field are subject to the jurisdiction of the Uniform Code of Military Justice. This change clarifies that sexual assault is an offense covered under the Uniform Code of Military Justice. Accordingly, any economic impact is anticipated to be minimal. 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 252   
Legal Authority: 410 USC 421   
Legal Deadline:  None
Action Date FR Cite
NPRM  11/30/2010  75 FR 73997   
NPRM Comment Period End  01/31/2011    
Final Action  06/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Ynette R. Shelkin
Editor, Defense Acquisition Regulations System
Department of Defense
Defense Acquisition Regulations Council
OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060
Phone:571 372-6089