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DOD/DARC RIN: 0750-AH28 Publication ID: Fall 2011 
Title: ●Contractors Performing Private Security Functions (DFARS Case 2011-D023) 
Abstract: This interim rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 862 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2008, as amended by section 853 of the NDAA for FY 2009 and sections 831 and 832 of the NDAA for FY 2011. Section 862, as amended, establishes minimum processes and requirements for the selection, accountability, training, equipping, and conduct of personnel performing private security functions. The DFARS is being revised to implement the statute. This interim rule implements the legislation by establishing (1) regulations addressing the selection, training, equipping, and conduct of personnel performing private security functions in areas of contingency operations, complex contingency operations, or other military operations or exercises that are designated by the combatant commander, (2) a contract clause, and (3) remedies. DoD does not expect this interim rule to 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 the statute impacts only private security contractors performing outside the United States. Nevertheless, an initial regulatory flexibility analysis has been performed. Additionally, DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. 
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 ch 1     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 41 USC 1303    PL 110-181    PL 110-417    PL 111-383   
Legal Deadline:
Action Source Description Date
Other  Statutory  180 days after effective date of PL 111-383 of January 7, 2011  07/07/2011 

Overall Description of Deadline: This interim rule implements the NDAA for FY 2008 (Pub. L. 110-181, enacted January 28, 2008), section 862, entitled "Contractors Performing Private Security Functions in Areas of Combat Operations or Other Significant Military Operations," as amended by section 853 of the NDAA for Fiscal Year 2009 (Pub. L. 110-417, enacted October 14, 2008) and sections 831 and 832 of the NDAA for Fiscal Year 2011 (Pub. L. 111-383, enacted January 7, 2011). Implementation required within 180 days.

Action Date FR Cite
Interim Final Rule  08/19/2011  76 FR 52133   
Interim Final Rule Effective  08/19/2011    
Interim Final Rule Comment Period End  10/18/2011    
Final Action  03/00/2012    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes 
Agency Contact:
Ynette R. Shelkin
Editor, Defense Acquisition Regulations System
Department of Defense
Defense Acquisition Regulations Council
3060 Defense Pentagon,
Washington, DC 20301
Phone:703 602-8384