View Rule

Printer-Friendly Version Download RIN Data in XML

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.

Timetable:

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 Email: ynette.shelkin@osd.mil