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DOD/DARC RIN: 0750-AH28 Publication ID: 2012 
Title: Contractors Performing Private Security Functions (DFARS Case 2011-D023) 
Abstract: DoD is adopting as final with changes an interim rule (76 FR 52133, August 19, 2011) amending 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 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 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. 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
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 final 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  06/15/2012  77 FR 35883   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Ynette Shelkin
Department of Defense
Defense Acquisition Regulations Council
3060 Defense Pentagon,
Washington, DC 20301
Phone:571 372-6089
Email: ynette.shelkin@osd.mil