Rule2022-18992
Private Security Contractors (PSCs) Operating in Contingency Operations, Humanitarian or Peace Operations, or Other Military Operations or Exercises
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 9, 2022
Effective
October 11, 2022
Issuing agencies
Defense Department
Abstract
The DoD is finalizing updates to this rule resulting from changes from the National Defense Authorization Act (NDAA) for Fiscal Years (FY) 2017 and 2020 as well as DoD policy updates. These changes include administrative updates and clarifications to private security contractors (PSCs) performing duties while under contract to DoD in support of a contingency operations, humanitarian or peace operations, or other military operations or exercises.
Full Text
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<title>Federal Register, Volume 87 Issue 174 (Friday, September 9, 2022)</title>
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[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Rules and Regulations]
[Pages 55281-55285]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18992]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 159
[Docket ID: DoD-2020-OS-0016]
RIN 0790-AK87
Private Security Contractors (PSCs) Operating in Contingency
Operations, Humanitarian or Peace Operations, or Other Military
Operations or Exercises
AGENCY: Office of the Under Secretary of Defense for Acquisition and
Sustainment, Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: The DoD is finalizing updates to this rule resulting from
changes from the National Defense Authorization Act (NDAA) for Fiscal
Years (FY) 2017 and 2020 as well as DoD policy updates. These changes
include administrative updates and clarifications to private security
contractors (PSCs) performing duties while under contract to DoD in
support of a contingency operations, humanitarian or peace operations,
or other military operations or exercises.
DATES: This rule is effective on October 11, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Donna M. Livingston, 703-692-3032,
<a href="/cdn-cgi/l/email-protection#25414a4b4b440b480b494c534c4b4256514a4b0b464c536548444c490b484c49"><span class="__cf_email__" data-cfemail="680c0706060946054604011e01060f1b1c0706460b011e280509010446050104">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Legal Authority
This section of the CFR was last updated in a final rule published
in the Federal Register (76 FR 49650) on August 11, 2011. DoD is
finalizing this rule to meet the mandates of NDAA for FY 2017 and 2020
and updates to DoD policy that require the Department to propose
additional guidance on inherently governmental functions, PSC
compliance with national and international recognized quality assurance
management standards, and to add new definitions for total force and
arming authorities. DoD also added language requiring PSCs to cooperate
with DoD on all U.S. Government investigations. Additional language is
also provided to state DoD is responsible for providing the appropriate
contract administration oversight of PSCs.
The corresponding internal DoD policy is established in DoD
Instruction 3020.50, ``Private Security Contractors (PSCs) Operating in
Contingency Operations, Humanitarian or Peace Operations, or Other
Military Operations or Exercises,'' published on July 22, 2009, and
last updated on August 31, 2018. This Instruction will be updated based
on publication of this final rule. For additional information, DoD
Instruction 3020.50 can be accessed at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/302050p.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/302050p.pdf</a>.
Discussion of Comments
A proposed rule titled ``Private Security Contractors (PSCs)
Operating in Contingency Operations, Humanitarian or Peace Operations,
or Other Military Operations or Exercises'' was published in the
Federal Register (86 FR 28042) on May 25, 2021.
Two commenters provided comments and the Department's responses are
as follows.
[[Page 55282]]
Comment: One comment discussed operational energy-related issues
including registering activities involved with maintenance and security
of the electrical grid, coordinating the activities of other U.S.
Government entities operating in the area of operation, and
coordinating with the host government on matters related to
infrastructure in the area of operation.
Response: While the Department appreciates the comment, it does not
specifically address private security contractors and does not require
a change to the rule.
Comment: The second comment was supportive of the rule and
suggested the new guidance be made readily available to all
contractors. The commenter also opined that these policies should be
strictly enforced with increased penalties for those that do not follow
the requirements of the rule.
Response: The Department appreciates the comment. The new guidance
will be made available to the contractors through publication on public
websites and will be shared with the contracting community and industry
groups to support wider dissemination. Enforcement and penalties are
not decided at the Department level. They must be considered and
assessed on an individual contract basis.
As no public comment required changes to the rule, the Department
is finalizing the rule with minor administrative edits to provide
additional clarity.
Expected Impact of the Final Rule
As no public comment was received on the economic analysis of the
proposed rule, the Department is finalizing this section with no
changes. Separate from this amendment rule, contractors are required to
report certain types of incidents to the combatant commander (CCDR)
with the geographic area of responsibility (AOR) in which they are
assigned and in accordance with orders and instructions established by
those commanders.
Total Costs for Non-Government and Government
The Office of the Secretary of Defense (OSD) subject matter experts
on contractors performing private security functions have estimated an
average of 4 incidents per month or 48 incidents (responses) per year
from 12 respondents. Based on the nature of the task, the subject
matter experts determined that it takes approximately 30 minutes for
each contractor to retrieve, prepare, and submit the information for
each incident report. Based on our assessment, the complexity of the
reporting requirement is equivalent to that of a GS-11, step 5. See the
rate calculation below. The estimated annual cost to contractors for
receiving, preparing, and submitting the information for incidents is
as follows:
Estimation of Respondent Burden Hours: Office of Management and Budget
(OMB) Control Number 0704-0549
------------------------------------------------------------------------
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Number of respondents................................... 12
Responses per respondent................................ 4
Number of responses (a)................................. 48
Hours per response (b).................................. .5
Estimated hours (number of responses multiplied hours 24
per response)..........................................
Cost per hour (c)....................................... $45
Total cost to respondents............................... $1,080
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We estimate that the U.S. Government receives approximately 48
contractor incident reports each year. According to OSD subject matter
experts on contractors performing private security functions, it takes
approximately 30 minutes for the U.S. Government to receive, review,
and analyze the information for each incident reported by a contractor.
Based on our assessment, the complexity of the work is equivalent
to that of a GS-11, step 5. See the rate calculation below. The
estimated annual cost to the U.S. Government for receiving, reviewing,
analyzing, and forwarding the information submitted by the contractor
is as follows:
Estimation of Federal Government Burden Hours: OMB Control Number 0704-
0549
------------------------------------------------------------------------
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Number of responses (a)................................. 48
Hours per response (b).................................. .5
Estimated hours (number of responses multiplied hours 24
per response)..........................................
Cost per hour (c)....................................... $45
Annual Federal Government burden (estimated hours $1,080
multiplied by cost per hour)...........................
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The hourly rate was calculated by adding an overhead factor of
36.25 percent (taken from OMB Memo M-08-13, which provides standard
cost factors for agency use) to the calendar year 2019 Office of
Personnel Management rate for the Rest of the United States for a GS-
11, step 5; $33.24.
Labor rate calculation:
------------------------------------------------------------------------
Cost per hour
------------------------------------------------------------------------
GS-11, step 5 as follows..................................... $33.24
OMB burden @36.25%........................................... 12.05
Total.................................................... 45.29
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Total Rounded to nearest whole dollar.................... 45.00
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A. Executive Order 12866, ``Regulatory Planning and Review'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review''
These Executive orders direct agencies to assess all costs,
benefits, and available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). These Executive orders
emphasize the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
This rule has been designated a ``non-significant regulatory action''
under section 3(f) of Executive Order 12866.
B. Congressional Review Act (5 U.S.C. 801 et seq.)
Pursuant to the Congressional Review Act, this rule has not been
designated a major rule, as defined by 5 U.S.C. 804(2).
C. Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
The Under Secretary of Defense for Acquisition and Sustainment
certified that this rule is not subject to the Regulatory Flexibility
Act (5 U.S.C. 601) because it would not, if promulgated, have a
significant economic impact on a substantial number of small entities.
Therefore, the Regulatory Flexibility Act, as amended, does not require
us to prepare a regulatory flexibility analysis.
D. Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1532) requires agencies to assess anticipated costs and benefits
before issuing any rule whose mandates require spending in any one year
of $100 million in 1995 dollars, updated annually for inflation. This
rule will not mandate any requirements for State, local, or tribal
governments, nor will it affect private sector costs.
E. Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter
35)
It has been determined that this amendment rule does not impose
additional reporting or recordkeeping requirements under the Paperwork
Reduction Act of 1995. There is an
[[Page 55283]]
existing information collection for 32 CFR part 159 that has been
reviewed and approved by the OMB under OMB Control Number 0704-0549,
``Defense Federal Acquisition Regulation Supplement, part 225, Foreign
Acquisition, and Defense Contractors Performing Private Security
Functions Outside the United States.'' The amendments to this rule
neither increase nor decrease the public burden nor cost to the Federal
Government associated with this collection.
F. Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a proposed rule (and subsequent
final rule) that imposes substantial direct requirement costs on State
and local governments, preempts State law, or otherwise has federalism
implications. This rule will not have a substantial effect on State and
local governments.
G. Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments''
Executive Order 13175 establishes certain requirements that an
agency must meet when it promulgates a proposed rule (and subsequent
final rule) that imposes substantial direct compliance costs on one or
more Indian tribes, preempts tribal law, or effects the distribution of
power and responsibilities between the Federal Government and Indian
tribes. This rule will not have a substantial effect on Indian tribal
governments.
List of Subjects in 32 CFR Part 159
Government contracts, Reporting and recordkeeping requirements,
Security measures.
Accordingly, 32 CFR part 159 is amended as follows:
PART 159--PRIVATE SECURITY CONTRACTORS (PSCs) OPERATING IN
CONTINGENCY OPERATIONS, HUMANITARIAN OR PEACE OPERATIONS, OR OTHER
MILITARY OPERATIONS OR EXERCISES
0
1. The authority citation for part 159 is revised to read as follows:
Authority: Sec. 862, Pub. L. 110-181, 122 Stat. 253; Sec. 832,
Sec 853, Pub. L. 110-417, 122 Stat. 4535; Sec. 831-833, Pub L. 111-
383, 124 Stat. 4276.
0
2. Revise the heading for part 159 to read as set forth above.
0
3. Amend Sec. 159.2 by:
0
a. In paragraph (a)(1):
0
i. Adding ``(CJCS)'' after ``Office of the Chairman of the Joint Chiefs
of Staff''.
0
ii. Adding ``(DoD)'' after ``the Office of the Inspector General of the
Department of Defense''.
0
iii. Removing ``organizational entities in the Department of Defense''
and adding in its place ``organizational entities in the DoD''.
0
b. Revising paragraph (a)(2).
0
c. Adding paragraph (a)(3).
0
d. Revising paragraph (b)(1).
0
e. In paragraph (b)(2), removing ``USG-funded'' and adding in its place
``U.S.G.-funded''.
The revisions and addition read as follows:
Sec. 159.2 Applicability and scope.
* * * * *
(a) * * *
(2) The Department of State and other U.S. Federal agencies insofar
as it implements the requirements of section 862 of Public Law 110-181,
as amended. Specifically, in areas of operations which require enhanced
coordination of PSC and PSC personnel working for U.S. Government
(U.S.G.) agencies, the Secretary of Defense may designate such areas as
areas of combat operations or other significant military operations for
the limited purposes of this part. In such an instance, the standards
established in accordance with this part would, in coordination with
the Secretary of State, expand from covering only DoD PSCs and PSC
personnel to cover all U.S.G.-funded PSCs and PSC personnel operating
in the designated area.
(3) The requirements of this part shall not apply to a nonprofit
nongovernmental organization receiving grants or cooperative agreements
for activities conducted within an area of other significant military
operations if the Secretary of Defense and the Secretary of State agree
that such organization may be exempted. An exemption may be granted by
the agreement of the Secretary of Defense and the Secretary of State
under this paragraph (a)(3) on an organization-by-organization or area-
by-area basis. Such an exemption may not be granted with respect to an
area of combat operations.
(b) * * *
(1) DoD PSCs and PSC personnel on contract and subcontract, at any
tier, performing private security functions in support of contingency
operations, humanitarian or peace operations, or other military
operations or exercises outside the United States.
* * * * *
0
4. Amend Sec. 159.3 by:
0
a. Adding the definition of ``Arming authority'' in alphabetical order.
0
b. Revising the definition of ``Contingency operation,'' ``Covered
contract,'' ``Other significant military operations,'' and ``Private
security functions''.
0
c. Removing the definition of ``PSC''.
0
d. Adding the definitions of ``Private Security Contractor (PSC)'' and
``Total Force'' in alphabetical order.
The revisions and additions read as follows:
Sec. 159.3 Definitions.
* * * * *
Arming authority. A Combatant Commander (CCDR) with responsibility
for the applicable geographic area concerned, or a person or persons
designated by that Commander who can authorize the arming of civilians
under their authority or supervision for security functions or to
permit the carrying of firearms for personal protection in support of
operations outside the United States.
Contingency operation. Per 10 U.S.C. 101(a)(13)(a), a military
operation that is designated by the Secretary of Defense as a
contingency operation, or that becomes a contingency operation as a
matter of law in accordance with 10 U.S.C. 101(a)(13)(b).
* * * * *
Covered contract. (1) A DoD contract for performance of services
and/or delivery of supplies in an area of contingency operations,
humanitarian or peace operations, or other military operations or
exercises outside the United States or non-DoD Federal agency contract
for performance of services and/or delivery of supplies in an area of
combat operations or other significant military operations, as
designated by the Secretary of Defense; a subcontract at any tier under
such contracts; or a task order or delivery order issued under such
contracts or subcontracts.
(2) Excludes temporary arrangements entered into by non-DoD
contractors for the performance of private security functions by
individual indigenous personnel not affiliated with a local or
expatriate security company.
Other significant military operations. (1) Activities, other than
combat operations, as part of an overseas contingency operation that
are carried out by U.S. Armed Forces in an uncontrolled or
unpredictable high-threat environment where personnel performing
security functions may be called upon to use deadly force.
(2) With respect to an area of other significant military
operations, the requirements of this part shall apply only upon
agreement of the Secretary of Defense and the Secretary of State. Such
an agreement of the Secretary of Defense and the Secretary of State may
be made
[[Page 55284]]
only on an area-by-area basis. With respect to an area of combat
operations, the requirements of this part shall always apply.
Private security functions. Activities engaged in by a contractor
under a covered contract as follows:
(1) Guarding personnel, facilities, designated sites, or property
of a Federal agency, the contractor or subcontractor, or a third party.
(2) Any other activity for which personnel are required to carry
weapons in the performance of their duties in accordance with the terms
of their contract. For the DoD, DoD Instruction 3020.41, ``Operational
Contract Support (OCS)'' (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/302041p.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/302041p.pdf</a>) prescribes policies related
to personnel allowed to carry weapons for self-defense.
(3) Contractors, including those performing private security
functions, are not authorized to perform inherently governmental
functions. In this regard, armed contractors are limited in the use of
force to a defensive response to hostile acts or demonstrated hostile
intent.
Private Security Contractor (PSC). A company contracted by the
U.S.G. to perform private security functions under a covered contract.
* * * * *
Total Force. The organizations, units, and individuals that
comprise DoD's resources for implementing the National Security
Strategy. It includes the DoD Active and Reserve Component military
personnel, DoD civilian personnel (including foreign national direct-
hires as well as non-appropriated fund employees), contracted support,
and host nation support personnel.
Sec. 159.4 [Amended]
0
5. Amend Sec. 159.4 by:
0
a. In paragraph (a):
0
i. Adding ``as amended,'' after ``Public Law 110-181,''.
0
ii. Removing ``section 159.5 of this part'' and adding in its place
``Sec. 159.5''.
0
b. In paragraph (b):
0
i. Removing ``Geographic Combatant Commanders'' and adding in its place
``Combatant Commanders (CCDRs) with geographic Areas of Responsibility
(AORs)''.
0
ii. Redesignating footnotes 4 and 5 as footnotes 1 and 2.
0
c. In paragraph (c):
0
i. Removing ``geographic Combatant Commander'' and adding in its place
``CCDR for the applicable geographic AOR'' wherever it appears.
0
ii. Adding ``(COM)'' after ``the relevant Chief of Mission'' in the
first sentence.
0
iii. Removing ``Chief of Mission'' and adding in its place ``COM'' in
the second sentence.
0
6. Revise Sec. 159.5 to read as follows:
Sec. 159.5 Responsibilities.
(a) The Under Secretary of Defense for Personnel and Readiness
(USD(P&R)) will provide Department-wide policies on the total force
manpower mix and labor sourcing, consistent with U.S. law, the FAR, the
DFARS, and other applicable Federal policy documents, especially with
respect to contracted services and restrictions on functions that
contractors may and may not perform. The USD(P&R) will ensure that
policies specifically address circumstances where use of PSCs would be
inherently governmental or where CCDRs with geographic AORs would need
to assess where performance of the function by PSCs or total reliance
on PSCs would constitute an unacceptable risk.
(b) The Deputy Assistant Secretary of Defense for Logistics
(DASD(Logistics)), under the authority, direction, and control of the
Under Secretary of Defense for Acquisition and Sustainment (USD(A&S))
and through the Assistant Secretary of Defense for Sustainment,
monitors the registering, processing, and accounting of PSC personnel
in areas of contingency operations, humanitarian or peace operations,
or other military operations or exercises.
(c) The Principal Director, Defense Pricing and Contracting (DPC),
under the authority, direction, and control of the USD(A&S) and through
the Assistant Secretary of Defense for Acquisition, ensures that the
DFARS and (when appropriate, in consultation with the other members of
the FAR Council) the FAR, provides appropriate guidance and publishes
contracting requirements pursuant to this part and section 862 of
Public Law 110-181.
(d) The CJCS shall ensure that joint doctrine is consistent with
the principles established by DoD Directive 3020.49, ``Program
Management for the Planning and Execution of Operational Contract
Support'' (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/302049d.pdf?ver=fgxC1kzBqeIV4KpOv9pDTw%3d%3d">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/302049d.pdf?ver=fgxC1kzBqeIV4KpOv9pDTw%3d%3d</a>); DoD
Instruction 3020.41, DoD Directive 5210.56, ``Arming and the Use of
Force'' (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/521056p.PDF?ver=PIvIb3eht0obgolnD0UCEw%3d%3d">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/521056p.PDF?ver=PIvIb3eht0obgolnD0UCEw%3d%3d</a>); and this
part.
(e) CCDRs with responsibility for the AOR in which contingency
operations, humanitarian or peace operations, or other military
operations or exercises are occurring, and within which PSCs and PSC
personnel perform under covered contracts, shall:
(1) Provide guidance and procedures, as necessary and consistent
with the principles established by DoD Directive 3020.49, DoD
Instruction 3020.41, DoD Instruction 1100.22, ``Policy and Procedures
for Determining Workforce Mix'' (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/110022p.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/110022p.pdf</a>); DFARS, 48 CFR
225.302, and this part, for the selection, training, accountability,
and equipping of such PSC personnel and the conduct of PSCs and PSC
personnel within their AOR. Individual training and qualification
standards shall meet, at a minimum, one of the Military Departments'
established standards. Within a Combatant Command (CCMD) with a
designated geographic AOR, a sub unified commander or JFC shall be
responsible for developing and issuing implementing procedures as
warranted by the situation, operation, and environment, in consultation
with the relevant COM in designated areas of combat operations or other
significant military operations.
(2) Through the Contracting Officer, the PSC should acknowledge
that its personnel understand their obligation to comply with the terms
and conditions of applicable covered contracts.
(3) Issue written authorization to the PSC identifying individual
PSC personnel who are authorized to be armed. Rules for the Use of
Force shall be included with the written authorization, if not
previously provided. Rules for the Use of Force shall conform to the
guidance in DoD Directive 5210.56 and the CJCS Instruction 3121.01B,
``Standing Rules of Engagement/Standing Rules for the Use of Force for
U.S. Forces.'' Offerors' and contractors' access to the Rules for the
Use of Force may be controlled in accordance with the terms of FAR, 48
CFR 52.204-2, ``Security Requirements''; DFARS, 48 CFR 252.204-7000,
``Disclosure of Information''; or both.\1\
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\1\ CJCS Instruction 3121.01B provides guidance on the standing
rules of engagement (SROE) and establishes standing rules for the
use of force for DoD operations worldwide. This document is
classified secret. CJCS Instruction 3121.01B is available via Secure
internet Protocol Router Network at <a href="https://jsportal.osd.smil.mil">https://jsportal.osd.smil.mil</a>.
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(4) Ensure that the procedures, orders, directives, and
instructions prescribed in Sec. 159.6 are available through a single
location (including an internet website,
[[Page 55285]]
consistent with security considerations and requirements).
(f) The Heads of the DoD Components shall:
(1) Ensure that all private security-related requirement documents
are in compliance with the procedures listed in Sec. 159.6 and the
guidance and procedures issued by the CCMD of the applicable geographic
AOR.
(2) Ensure private security-related solicitations and contracts
contain the appropriate clauses in accordance with the applicable FAR
and DFARS clauses and include additional mission-specific requirements
as appropriate.
(3) In coordination with the appropriate requiring activity (or
activities), ensure the head of the contracting activity responsible
for each covered contract takes appropriate steps to assign sufficient
oversight personnel to the contract to verify that the contractor
responsible for performing private security functions complies with the
requirements of this part. This includes ensuring that the contracting
officer coordinates with the requiring activity to nominate and appoint
a qualified contracting officer's representative (COR) or other
multiple or alternate CORs, in accordance with DoD Instruction 5000.72,
``DoD Standard for Contracting Officer's Representative (COR)
Certification'' (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/500072p.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/500072p.pdf</a>).
0
7. Amend Sec. 159.6 by:
0
a. Revising paragraph (a) introductory text.
0
b. In paragraph (a)(1)(i), removing ``, ``Contractor Personnel
Authorized to Accompany the U.S. Armed Forces.'' '' and adding a period
in its place.
0
c. In paragraph (a)(1)(iii) introductory text:
0
i. Removing ``geographic Combatant Commander'' and adding in its place
``CCDR of the geographic AOR'' wherever it appears.
0
ii. Removing ``of this part''.
0
d. In paragraph (a)(1)(iii)(C):
0
i. Removing `` ``Guidance for Determining Workforce Mix,'' '' and
adding in its place `` ``Policy and Procedures for Determining
Workforce Mix,'' ''.
0
ii. Redesignating footnote 12 as footnote 1.
0
e. In paragraph (a)(1)(iii)(F)(1), redesignating footnote 13 as
footnote 2.
0
f. In paragraph (a)(1)(iv), adding ``PSC personnel, weapons,'' before
``armored vehicles''.
0
g. In paragraph (a)(1)(v)(F), removing ``TASER guns'' and adding in its
place ``disruption devices''.
0
h. In paragraph (a)(1)(viii), removing ``commander of a combatant
command may request'' and adding in its place ``CCDR may, through the
contracting officer, request''.
0
i. In paragraph (a)(1)(x), removing ``paragraph (a)(2)(ii)'' and adding
in its place ``paragraph (a)(2)(iii)''.
0
j. In paragraph (a)(2)(i), removing ``, ``Contractor Personnel
Authorized to Accompany the U.S. Armed Forces.'' '' and adding a period
in its place.
0
k. Redesignating paragraphs (a)(2)(ii) through (iv) as paragraphs
(a)(2)(iii) through (v) and adding new paragraph (a)(2)(ii).
0
l. Further redesignating newly redesignated paragraph (a)(2)(v) as
paragraph (a)(2)(vi) and adding new paragraph (a)(2)(v).
0
m. In newly redesignated paragraph (a)(2)(vi), removing ``Chief of
Mission'' and adding in its place ``COM''.
0
n. Removing paragraph (b) and redesignating paragraphs (c) and (d) as
paragraphs (b) and (c).
0
o. In newly redesignated paragraph (b):
0
i. Revising the paragraph heading.
0
ii. Removing ``Chief of Mission'' and ``combatant command'' and adding
in their places ``COM'' and ``CCDR'', respectively.
0
p. In newly redesignated paragraph (c):
0
i. Revising the paragraph heading.
0
ii. Removing ``Chief of Mission'' and ``geographic Combatant Commander/
sub unified commander'' and adding in their places ``COM'' and ``CCDR
with geographic AOR/sub unified commander'', respectively.
The revisions and additions read as follows:
Sec. 159.6 Procedures.
(a) Standing Combatant Command (CCMD) guidance and procedures. Each
CCDR with a geographic AOR shall develop and publish guidance and
procedures for PSCs and PSC personnel operating during contingency
operations, humanitarian or peace operations, or other military
operations or exercises within their AOR, consistent with applicable
law; this part; applicable Military Department publications; and other
applicable DoD issuances including DoD Directive 3020.49, DoD
Instruction 1100.22, ``Policy and Procedures for Determining Workforce
Mix,'' FAR, DFARS, DoD Instruction 3020.41, DoD Directive 2311.01E,
``DoD Law of War Program'' (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/231101p.pdf?ver=2020-07-02-143157-007">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/231101p.pdf?ver=2020-07-02-143157-007</a>); DoD 5200.08-R, ``Physical Security Program'' (available at
<a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520008rm.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520008rm.pdf</a>); CJCS Instruction 3121.01B,, and DoD Directive 5210.56.
The guidance and procedures shall:
* * * * *
(2) * * *
(ii) Assessing compliance with DoD approved business and
operational standards for private security functions.
* * * * *
(v) Requirements for the PSC to cooperate with any investigation
conducted by the DoD, including by providing access to its employees
and relevant information in its possession regarding the matter(s)
under investigation.
* * * * *
(b) Subordinate guidance and procedures. * * *
(c) Consultation and coordination. * * *
Dated: August 29, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2022-18992 Filed 9-8-22; 8:45 am]
BILLING CODE 5001-06-P
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</html>Indexed from Federal Register on September 9, 2022.
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