32 CFR Part 159 Private Security Contractors (PSCs) Operating in Contingency Operations, Combat Operations or Other Significant Military Operations

8/6/2019 32 CFR Part 159 Private Security Contractors (PSCs) Operating in Contingency Operations, Combat Operations or O

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49650 Federal Register / Vol. 76, No. 155/ Thursday, August 11, 2011 / Rules and Regulations

DEPARTMENT OF THE TREASURY

Office of the Secretary

31 CFR Part 10

[TD 9527]

RIN 1545BH01

Regulations Governing Practice Beforethe Internal Revenue Service;Correction

AGENCY: Office of the Secretary,Treasury.

ACTION: Correcting amendment.

SUMMARY: This document containsamendments to the regulationsgoverning practice before the InternalRevenue Service to correct errors infinal regulations (TD 9527) that werepublished in the Federal Register onFriday, June 3, 2011. The regulationsaffect individuals who practice before

the IRS and providers of continuingeducation programs. The regulationsmodify the rules governing of practice

before the IRS and the standards withrespect to tax returns.

DATES: This correction is effective onAugust 11, 2011 and is applicable

beginning August 2, 2011.

FOR FURTHER INFORMATION CONTACT:Matthew D. Lucey, (202) 6224940 (nota toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The final regulation (TD 9527) that isthe subject of this correction is undersection 330 of Title 31 of the UnitedStates Code.

Need for Correction

As published on June 3, 2011, at 76FR 32286, TD 9527 contains errors thatmay prove to be misleading and is inneed of clarification.

List of Subjects in 31 CFR Part 10

Accountants, Administrative practiceand procedure, Lawyers, Reporting andrecordkeeping requirements, Taxes.

Correction of Publication

Accordingly, 31 CFR part 10 iscorrected by making the followingcorrecting amendments:

PART 10PRACTICE BEFORE THEINTERNAL REVENUE SERVICE

I Paragraph 1. The authority citationfor part 31 continues to read in part asfollows:

Authority: Sec. 3, 23 Stat. 258, secs. 212,60 Stat. 237 et seq.; 5 U.S.C. 301, 500, 551559; 31 U.S.C. 321; 31 U.S.C. 330; Reorg. Plan

No. 26 of 1950, 15 FR 4935, 64 Stat. 1280,3 CFR, 19491953 Comp., p. 1017.

I Par. 2. Section 10.5 is amended byrevising paragraph (g) to read as follows:

10.5 Application to become an enrolledagent, enrolled retirement plan agent, orregistered tax return preparer.

* * * * *

(g) Effective/applicability date. Thissection is applicable to applicationsreceived on or after August 2, 2011.I Par. 3. Section 10.60 is amended byrevising paragraphs (a) and (b) to readas follows:

10.60 Institution of proceeding.

(a) Whenever it is determined that apractitioner (or employer, firm or otherentity, if applicable) violated anyprovision of the laws governing practice

before the Internal Revenue Service orthe regulations in this part, thepractitioner may be reprimanded or, inaccordance with 10.62, subject to a

proceeding for sanctions described in 10.50.

(b) Whenever a penalty has beenassessed against an appraiser under theInternal Revenue Code and anappropriate officer or employee in anoffice established to enforce this partdetermines that the appraiser actedwillfully, recklessly, or through grossincompetence with respect to theproscribed conduct, the appraiser may

be reprimanded or, in accordance with 10.62, subject to a proceeding fordisqualification. A proceeding fordisqualification of an appraiser is

instituted by the filing of a complaint,the contents of which are more fullydescribed in 10.62.

* * * * *I Par. 4. Section 10.69 is amended byrevising paragraph (a) to read as follows:

10.69 Representation; ex partecommunication.

(a) Representation. (1) The InternalRevenue Service may be represented inproceedings under this part by anattorney or other employee of theInternal Revenue Service. An attorneyor an employee of the Internal Revenue

Service representing the InternalRevenue Service in a proceeding underthis part may sign the complaint or anydocument required to be filed in theproceeding on behalf of the InternalRevenue Service.

(2) A respondent may appear inperson, be represented by a practitioner,or be represented by an attorney whohas not filed a declaration with theInternal Revenue Service pursuant to 10.3. A practitioner or an attorneyrepresenting a respondent or proposedrespondent may sign the answer or any

document required to be filed in theproceeding on behalf of the respondent.

* * * * *I Par. 5. Section 10.90 is amended byrevising paragraph (a)(6)(i) to read asfollows:

10.90 Records.

(a) * * *

(6) * * *(i) Who have obtained a qualifying

continuing education provider number;and

* * * * *

Treena V. Garrett,

Federal Register Liaison, Publications andRegulations Branch, Legal ProcessingDivision, Associate Chief Counsel, Procedureand Administration.

[FR Doc. 201120380 Filed 81011; 8:45 am]

BILLING CODE 483001P

DEPARTMENT OF DEFENSEOffice of the Secretary

32 CFR Part 159

[DOD2008OS0125/RIN 0790AI38]

Private Security Contractors (PSCs)Operating in Contingency Operations,Combat Operations or OtherSignificant Military Operations

AGENCY: Office of the Under Secretary ofDefense for Acquisition, Technology,and Logistics, DoD.

ACTION: Final rule.

SUMMARY: This Rule establishes policy,assigns responsibilities and providesprocedures for the regulation of theselection, accountability, training,equipping, and conduct of personnelperforming private security functionsunder a covered contract duringcontingency operations, combatoperations or other significant militaryoperations. It also assignsresponsibilities and establishesprocedures for incident reporting, use ofand accountability for equipment, rulesfor the use of force, and a process for

administrative action or the removal, asappropriate, of PSCs and PSC personnel.For the Department of Defense, this Rulesupplements DoD Instruction 3020.41,Contractor Personnel Authorized toAccompany the U.S. Armed Forces,which provides guidance for all DoDcontractors operating in contingencyoperations.

This Rule was published as an InterimFinal Rule on July 17, 2009 becausethere was insufficient policy andguidance regulating the actions of DoDand other governmental PSCs and their

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49651Federal Register / Vol. 76, No. 155/ Thursday, August 11, 2011 / Rules and Regulations

1Nothing in this Final Rule is intended to reflectthe views of the DoD or the United States regardingthe merits of any claim or defense that may beasserted by a private party in any pending or futurelitigation or disputes.

movements in operational areas. ThisRule ensures compliance with laws andregulations pertaining to InherentlyGovernmental functions, and ensuresproper performance by armedcontractors.

DATES: Effective Date: This rule iseffective September 12, 2011.FOR FURTHER INFORMATION CONTACT:Chris Mayer, Director, ArmedContingency Contractor Policy andPrograms, Office of the Deputy AssistantSecretary of Defense (Program Support),(571) 2322509.SUPPLEMENTARY INFORMATION: Thepublication of this Rule is required tomeet the mandate of Section 862 of the2008 National Defense AuthorizationAct (NDAA), as amended by Section813(b) of the 2010 NDAA and Section832 of the 2011 NDAA. DoD hasdetermined that the updatesimplementing Section 832 of the 2011NDAA do not require additional publiccomment. These updates are in directcompliance with current statute, do notset a precedent in updating the interimfinal, and any delay in implementingthese updates would be detrimental toU.S. security.

Background

This Final Rule 1 is required to meetthe mandate of Section 862 of the FY2008 NDAA, as amended, which laysout two requirements:

(i) That the Secretary of Defense, incoordination with the Secretary of State,shall prescribe regulations on the

selection, training, equipping, andconduct of personnel performing privatesecurity functions under a coveredcontract in an area of combat operationsor other significant military operations;and

(ii) That the FAR shall be revised torequire the insertion into each coveredcontract (or, in the case of a task order,the contract under which the task orderis issued) of a contract clause addressingthe selection, training, equipping, andconduct of personnel performing privatesecurity functions under such contract.

This Final Rule meets requirement (i).There will be a separate and subsequentFederal Register action to meetrequirement (ii) to update the FAR. On

July 17, 2009, an Interim Final Rule (32CFR Part 159 DOD2008OS125/RIN0790AI38) was published and publiccomments were solicited. At the end ofthe comment period, we receivedcomments from 9 respondents,

including the American BarAssociation, IPOA, NGO groups andmembers of the public. These commentsare discussed below by topic.

Comment: Extent of Delegation ofImplementation Authority to EachGeographic Combatant Commander

Response: We believe that it isappropriate for DoD to provide theGeographic Combatant Commanderswith the requirements to be included intheir respective guidance andprocedures. Situations changesignificantly from one geographic regionto another. The Geographic CombatantCommanders (GCC) must have theflexibility to apply the overarchingpolicy, tailoring their guidance andprocedures as necessary to meet theparticular circumstances within theirrespective areas of responsibility at anyparticular time. This is consistent with

the approach that we are currentlytaking in the CENTCOM Area OfResponsibility (AOR) withoutsignificant issue.

We do not believe that differing orconflicting regulations will be adoptedwithin a single AOR. The GCC willestablish the overarching guidance andSubordinate Commanders (down to

Joint Task Force level) will developimplementing instructions. Specificrequirements will be made available toPrivate Security Contractors through theGCC Web site.

Comment: Absence of Department-WideGuidance

Response: We believe that a de-centralized approach is the mostappropriate way to implement therequirements of Section 862 of the FY08NDAA. There is sufficient uniformity ofguidance provided through policy,including this Rule and existingacquisition regulations. The intent ofthe policy is that all PSC personneloperating within the designated area arerequired to have the required training,not only those who are deploying. A

FAR case has been opened toincorporate the required revisions basedupon the publication of this Final Rule.

Comment: Lack of Uniformity AcrossOrganizations

Response: Following publication ofthis Final Rule, these requirements will

be added to the FAR and DFARS andsubsequently incorporated intoappropriate contracts. This will providea basis for the management of PSCcompliance.

Comment: Chief of Mission Should BeRequired to Opt Out of DoD PSCProcesses

Response: We believe that thearrangement set out in Section 159.4(c)is appropriate and meets thecongressional intent of a consistentapproach towards PSCs operating incombat operations or other significantmilitary operations, across USGagencies.

Comment: Any Procedures or GuidanceIssued Under the Requirements of ThisRule Should be Subject to anAppropriate Rule-Making with anAdequate Opportunity for PublicComment

Response: The relevant provisions ofthis Final Rule will be implementedthrough military regulations and orders,in accordance with existing procedures.

Comment: The Rule is Not Integratedwith Standard Contracting Processes

Response: The requirementsassociated with GCC guidance andprocedures will be included in anysolicitations and therefore potential

bidders will be aware of GCC specificprocedures prior to submitting theirproposals. AOR specific proceduressuch as training requirements arerequired to be placed on GCC Web sitesimmediately after a declaredcontingency so that the requirementscan get into the appropriate contracts assoon as possible.

Comment: The Rule Should Fully

Explain How DoD Determines a PSCLaw of War Status

Response: It is not the role of the Ruleto make statements regardinginternational law. Department OfDefense Instruction 3020.41, theoverarching Defense policy documentfor this Rule, provides in paragraph6.1.1 that:

Under applicable law, contractors maysupport military operations as civiliansaccompanying the force, so long as suchpersonnel have been designated as such bythe force they accompany and are providedwith an appropriate identification card under

the provisions of the 1949 GenevaConvention Relative to the Treatment ofPrisoners of War (GPW) (reference (j)). Ifcaptured during armed conflict, contingencycontractor personnel accompanying the forceare entitled to prisoner of war status.

The comments regarding directparticipation in hostilities areunsupportable. There is no agreementwithin the international community oramong recognized authorities ininternational humanitarian law (LOAC)on a universally applicable definitionfor Direct Participation in Hostilities.



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(Public address by Dr. JakobKellenberger, President, InternationalCommittee of the Red Cross, 11September 2009.) Again, contractingregulations are not the place to defineterms that are not yet defined underinternational law. The Rule specifiesthat command rules for the use of forcewill be consistent with Chairman of the

Joint Chiefs of Staff Instruction3121.01B. This will providecommonality regarding the Rules for theUse of Force (RUF) but with theflexibility for commands to interpret itin accordance with local, andsometimes transitory, circumstances.

Comment: The Rule may benefit fromadditional guidance on inter-agencycooperation

Response: Interagency coordination isessential to successful contingencyplanning. The Rule, as written supportsflexible, agile, and focused contingencyplanning and DoD, DoS and USAID

believe the rule provides sufficientstrategic direction for interagencycoordination relative to PSC oversightand conduct. DoD disagrees with therespondents assertion that manycoordination issues will be commonacross AORs. Some may, many moremay not. The flexibility to adaptprocedures to local circumstances isessential. As the same respondent notesin this same section, guidance andprocedures in the Iraq Memorandum ofAgreement (MOA) are not easilytransferrable to contingency operationsoutside of Iraq. The MOA between DoD

and DoS in place in Iraq has proven tobe extremely successful and serves as agood example of interagencycoordination. It was referenced in theIFR as an example or point of departurefor developing GCC guidance andprocedures. However, to avoidconfusion, in the Final Rule we haveremoved the last sentence in Section159.6(d) which references the MOA.DoD, DoS and USAID recognize thatsome PSC or PSC personnel activitiesmay require coordination with otherFederal agency partners who contractfor private security services.

Comment: Confusion about GeographicCombatant Commander DelegationAuthority to Subordinate Commander

Response: Geographic combatantcommands themselves do not follow auniform organizational structure andcommanders are free to assign differentresponsibilities to the most appropriatecomponents of their staffs. The languagein the Final Rule has been changed toprovide more specificity as to thesubordinate level to which GCCs candelegate responsibility for

implementation. Through the Rule, thephrase Subordinate Commander has

been replaced with sub unifiedcommanders or combined/joint taskforce commanders.

Comment: The rule needs to includereference to existing powers of removalof a PSC and personnel

Response: Such language isunnecessary in so far as it is alreadyaddressed in our existing regulations.Section 862(b)(3) of the 2008 NDAA asamended includes the followinglanguage: NONCOMPLIANCE OFPERSONNEL WITH CLAUSEThecontracting officer for a covered contractmay direct the contractor, at its ownexpense, to remove or replace anypersonnel performing private securityfunctions in an area of combatoperations or other significant militaryoperations who violate or fail to comply

with applicable requirements of theclause required by this subsection. If theviolation or failure to comply is a grossviolation or failure or is repeated, thecontract may be terminated for default.Incorporation of this statutory languagewill be considered in the DFARS caseimplementing Section 862.

Comment: The rule fails to addresssubcontractors providing security forthe prime contractor

Response: The definition of coveredcontract has been revised in the Ruleto cover contracts for the performance ofservices and/or the delivery of supplies.Further, we will ensure that regulatoryguidance developed subsequent to thepublication of this Rule makes clear thatsubcontractors providing security forprime contractors must comply.

Comment: Recommend application ofthe rule to PSCs working undercontract to the DoD whetherdomestically or internationally

Response: As required by Section 862of the 2008 NDAA, as amended, thisRule applies to PSCs working for any

U.S. Government agency in an area ofcombat operations or other significantmilitary operations. It also applies toPSCs working for DoD in contingencyoperations outside the United States.The arrangements for PSC employmentin the United States are outside thescope of this Rule.

Comment: Section 159.4(a) Consistentwith the requirement of paragraph(a)(2) * * * should include at the endof the section, Coordination shallencompass the contemplated use of PSCpersonnel during the planning stages ofcontingency operations so to allowguidance to be developed under parts(b) and (c) herein and promulgate

under 159.5 in a timely manner that isappropriate for the needs of thecontingency operation

Response: The language has beenrevised in the Final Rule.

Comment: Section 159.6(a)(i) Containat a minimum procedures to implementthe following process * * * shouldinclude, That the Secretary of Defense,in coordination with the Secretary ofState, shall prescribe regulations on theselection, training, equipping, andconduct of personnel performingprivate security functions under acovered contract in an area of combatoperations

Response: We believe that the currentwording is correct, as it reflects ourintent.

Comment: Section 159.6(a)(ii) PSCverification that PSCs meet all the legal,training, and qualificationrequirements * * * should includeThat the FAR shall be revised torequire the insertion into each coveredcontract of a contract clause;addressing the selection, training,equipping and conduct of personnelperforming private security functions

under such a contractResponse: A FAR clause will be

drafted to incorporate all of therequirements of this Rule.

Comment: Section 159.6(a)(v)Reporting alleged criminal activityand other incidents involving PSCs orPSC personnel by another company orany other personnel. All incidents shallbe reported and documented. Thesereporting requirements are alreadyrequired

Response: Many of the requirementsin this rule are already in effect in the

CENTCOM AOR. With this Rule, we areestablishing the requirements for allGeographic Combatant Commandersand Chiefs of Mission in order to extendguidance and procedures globally and tothe wider interagency community.

Comment: Questions of the propriety ofhaving PSCs represent the U.S. incontingency operations relative to theU.S. Constitution and the AntiPinkerton Act

Response: The DoDs use ofcontractors, including private security



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contractors, is entirely consistent withexisting U.S. Government policy oninherently governmental functions. Weare guided by four main documentswhen determining whether an activityor function is inherently governmental:DoD Instruction 1100.22 Policy andProcedures for Determining WorkforceMix; the Federal Acquisition

Regulations (FAR); the Performance ofCommercial Activities and the FederalActivities Inventory Reform Act, orFAIR Act, of 1998; and, Office ofManagement and Budget (OMB) PolicyLetter 921, issued in 1992. The DoDrecognizes that there are specificsecurity functions that are inherentlygovernmental and cannot be contracted.The DoD does not contract thosefunctions, but there are other securityfunctions that are appropriate tocontract. The DoD, the GovernmentAccountability Office (GAO), the Officeof Management and Budget (OMB), the

Congressional Budget Office (CBO), andthe Congressional Research Service(CRS) have continuously reviewed theuse of PSCs, the potential for theirperformance of inherently governmentalfunctions, and the appropriateness andmanner in which they are employed.

Comment: Opposition to the use ofmercenaries in the U.S. Department ofDefense

Response: The DoD does not usemercenaries. Article 47 of AdditionalProtocol I to Geneva Conventionsprovides an internationally accepteddefinition of mercenaries. The elements

of that definition clearly exclude PSCsunder contract to DoD. Private securitycontractors do not perform militaryfunctions, but rather, they carry outfunctions similar to those performed bysecurity guards in the United States andelsewhere. We agree that the behavior ofPSCs may affect the national securitygoals of the U.S. and for this reason wehave published guidance on theselection, oversight, and management ofprivate security contractors operating incontingency operations.

Comment: DoD personnel do not wantPSCs in a combat situation

Response: The primary role of thearmed forces is combat: to close withand destroy enemy armed forcesthrough firepower, maneuver, and shockaction. Defense of military personneland activities against organized attack isa military responsibility. DoD allocatesmilitary personnel to these high prioritycombat and other critical combatsupport missions. Private SecurityCompanies contracted by the U.S.government protect personnel, facilitiesand activities against criminal activity,

including individual acts of terrorism.They are specifically prohibited fromengaging in combat (offensive)operations and certain securityfunctions. DoD PSCs have performedwell and are very important to ourmission accomplishment in theCENTCOM area of responsibility.

Comment: PSCs should receiveVeterans Affairs benefits for injuriessustained while protecting the country

Response: PSCs and other contractorsemployed by the U.S. government whoperform work outside of the UnitedStates are covered by the Longshore andHarbor Workers Compensation Act(LHWCA). The LHWCA providesdisability compensation and medical

benefits to employees and death benefitsto eligible survivors of employees ofU.S. government contractors whoperform work overseas.

The Defense Base Act is an extensionof the LHWCA. The Defense Base Actcovers the following employmentactivities: (1) Work for privateemployers on U.S. military bases or onany lands used by the U.S. for militarypurposes outside of the United States,including those in U.S. Territories andpossessions; (2) Work on public workcontracts with any U.S. governmentagency, including construction andservice contracts in connection withnational defense or with war activitiesoutside the United States; (3) Work oncontracts approved and funded by theU.S. under the Foreign Assistance Act,which among other things provides forcash sale of military equipment,materials, and services to its allies, if thecontract is performed outside of theUnited States; or (4) Work for Americanemployers providing welfare or similarservices outside the United States forthe benefit of the Armed Services, e.g.the United Service Organizations (USO).If any one of the above criteria is met,all employees engaged in suchemployment, regardless of nationality(including U.S. citizens and residents,host country nationals (local hires), andthird country nationals (individuals

hired from another country to work inthe host country)), are covered underthe Act.

Comment: Requirements jeopardizeNGO security posture

Response: This Rule applies only topersonnel performing private securityfunctions under a covered contract. Acovered contract is defined by Section864(a)(3) of the FY 2008 NDAA, asamended by Section 813(b) of the FY2010 NDAA.

Comment: USAID involvement is notevident

Response: USAID has been activelyinvolved in various working groupsimplementing the Interim Final Ruleand developing the Final Rule.

Comment: PSC rules should beconsistent with the spirit and intent of

Guidelines for Relations between U.S.Armed Forces and Non-GovernmentalHumanitarian Agencies in Hostile orPotentially Hostile Environments

Response: The purpose of publishingthe IFR in the Federal Register was toobtain the comments of affectedagencies, NGOs, contractors and thepublic. The respondent was not specificabout any perceived conflicts thatneeded to be addressed in the PSC rule,and should work with their USAID andother agency counterparts to providespecific inputs on implementing theFinal Rule.

Comment: PSC rules should not applyto unarmed guard forces

Response: We believe that the currentlanguage is correct. When contractorsproviding guard services are not armed,those aspects of the rule which arespecific to armed contractors (i.e.arming procedures) are not relevant.

Comment: Procedures associated withPSC rules must be adapted to contextsin which NGOs have long-standingprograms or minor amounts of U.S.Government funding

Response: This Rule applies only to

personnel performing private securityfunctions under a covered contract. Acovered contract is defined by Section864(a)(3) of the FY 2008 NDAA, asamended by Section 813(b) of the FY2010 NDAA.

Comment: SPOTs use for intelligencegathering and vetting is unclear

Response: The Synchronized Pre-deployment and Operational Tracker(SPOT) is a Web-based database whichis used to gain visibility over contractsand contractors supporting U.S.Government agencies duringcontingency operations. The SPOTsystem serves multiple purposes; itallows contractors to request andreceive specific logistics support such asmeals, housing, transportation, medicalsupport while working in-country; itprovides Contracting OfficerRepresentatives and Grants OfficerRepresentatives with information onwhat contractor and grantee employeesare working in what locations whichmakes approval of invoices andinspection of work easier; it allowsContracting Officer Representatives,



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Grants Officer Representatives, andother personnel to review thecredentials of individuals requesting theauthority to carry weapons (eithergovernment furnished or contractoracquired) in the performance of a U.S.government contract or grant; it allowsagencies to report to Congress and otheroversight organizations on the size of

contractor and grantee presence in areasof combat operations or other significantmilitary operations. Congress believesthe system is necessary. Section 861 ofFY 2008 NDAA provides that theSecretary of Defense, the Secretary ofState, and the Administrator of USAIDmust agree to adopt a common databasefor contractors in Iraq and Afghanistan.SPOT is not used for intelligencegathering or vetting of personnel.Background checks of PSCs areconducted by the contractor andvalidated by the contracting officer. Thisvalidation is only annotated in SPOT.

Comment: Applicable guidelines mustbe effectively disseminated to NGOs

Response: Contracting Officers andGrants Officers will remain the primarypoint of contact for contractors andgrantees on issues affectingperformance. Rules impactingcontractors across multiple agencieswill be promulgated via the FAR withappropriate opportunities for contractorand public comment during therulemaking process. Rules impactinggrantees across multiple agencies will

be promulgated by the Office ofManagement and Budget (OMB) Officeof Federal Financial Management(OFFM) as part of its responsibility toissue government-wide grants policy.The DoD will ensure that a singlelocation, readily accessible to bothcontractors and grantees, exists for thepublication and maintenance of allguidance relating to PSC rules. TheDepartment of State and USAID willprovide any agency uniqueimplementing guidance to DoD forpublication on this same Web site.

Areas for Clarification and Definitions

Comment: Private Security Functions

needs to be better definedResponse: The term private security

functions is defined by section 864 ofthe FY 2008 NDAA; the IFR used thisdefinition. The Rule providesrequirements for the management andoversight of companies contracted toperform private security functions andcertain employees who may be requiredto carry and use arms in theperformance of their duties. Companiesand their personnel contracted toprovide training, maintenance, or other

support functions that are not requiredto carry a weapon in the performance oftheir duties are not addressed by thisRule. For clarification, in the Final Rulewe have added in accordance with theterms of their contract.

Comment: Enforcement and liabilitypending adoption of FAR clauses

Response: A FAR case has beenopened to incorporate the requiredrevisions based upon the publication ofthis Rule.

Comment: The Rule should addressforeseeable issue concerning hostnation law

Response: The Geographic CombatantCommander has legal and political staffscapable of addressing the concernsexpressed in this comment.

Comment: Obligations of non-PSCprime contractors

Response: The definition of coveredcontract has been reworded to covercontracts for the performance of servicesand/or the delivery of supplies.

Comment: IFR applicability tocontingency operations in the U.S. anddistinction between combatoperations and contingencyoperations

Response: The Rule does not apply tooperations within the United States. Wehave clarified this in the definition ofcovered contract.

Comment: Applicability to foreignactors

Response: When applicableconditions are met, the Rule covers allcompanies and personnel providingprivate security functions, regardless ofthe country of registration of thecompany or national origin of itsemployees. We believe that this isalready made clear by sections 159.2(b)(1) and (2) which state the policyprescription. The Rule applies togovernment entities and prescribespolicies for the oversight andmanagement of PSCs and PSCpersonnel. The clause in section 159.2(2)(a)(2) starting with specificallydescribes the conditions under whichthis part would apply beyond DoD, toDoS and other Federal agencies. Theacquisition regulations, rather than thisrule, will serve as the implementingmechanisms for PSC companies.

Comment: Further define intelligenceoperations

Response: This language implementsSection 862 (d) of the FY 2008 NDAA.

Comment: Active non-lethalcountermeasure would benefit from aclear definition and examples

Response: The following clarificationhas been added to the Rule: Activenon-lethal systems include laser opticaldistracters, acoustic hailing devices,electro-muscular TASER guns, blunt-trauma devices like rubber balls andsponge grenades, and a variety of riot-control agents and delivery systems.

Comment: Definition of ContingencyOperation is a slight variation of thedefinition of contingency operation inFAR 2.101

Response: The definition in the Rulehas been updated; it is taken verbatimfrom U.S. Code Title 10, 101(a)(13).

Comment: Definition of CoveredContract excludes temporaryarrangements outside of DoD forprivate security functions when

contracted for by a non-DoD contractoror a grantee

Response: The genesis for thisprovision was a USAID concern thatdevelopment projects undertaken byUSAID may engage local personnel assecurity on an ad hoc basis, and thatsuch arrangements should be excludedfrom complying with the requirementsof this regulation. These arrangementscannot realistically be regulated in thesame manner as traditional contracts.

Comment: Regarding the Standing ruleson the use of force consider stating:Issue written authorization to the PSC

identifying individual PSC personnelwho are authorized to be armed. Rulesfor the Use of Force shall be includedwith the written authorization, if notpreviously provided to the contractor inthe solicitation or during the course ofcontract administration. Rules for theUse of Force shall conform to theguidance in the Chairman of the JointChiefs of Staff Instruction 3121.01B,Standing Rules of Engagement/Standing Rules for the Use of Force forU.S. Forces

Response: Agreed. The Rule has beenrevised to reflect the proposed change in

wording.

Regulatory Procedures

Executive Order 12866, RegulatoryPlanning and Review and ExecutiveOrder 13563, Improving Regulationand Regulatory Review

It has been certified that 32 CFR part159 does not:

(1) Have an annual effect on theeconomy of $100 million or more oradversely affect in a material way theeconomy; a section of the economy;



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productivity; competition; jobs; theenvironment; public health or safety; orState, local, or Tribal governments orcommunities;

(2) Create a serious inconsistency orotherwise interfere with an action takenor planned by another Agency;

(3) Materially alter the budgetaryimpact of entitlements, grants, user fees,

or loan programs, or the rights andobligations of recipients thereof; or

(4) Raise novel legal or policy issuesarising out of legal mandates, thePresidents priorities, or the principlesset forth in these Executive Orders.

Public Law 104121, CongressionalReview Act (5 U.S.C. 801)

It has been determined that 32 CFRpart 159 is not a major rule under 5U.S.C. 801, enacted by Pub. L. 104121,

because it will not result in an annualeffect on the economy of $100 millionor more; a major increase in costs or

prices for consumers, individualindustries, Federal, State, or localgovernment agencies, or geographicregions; or significant adverse effects oncompetition, employment, investment,productivity, innovation, or on theability of United States-basedenterprises to compete with foreign-

based enterprises in domestic andexport markets.

Section 202, Public Law 1044,Unfunded Mandates Reform Act

It has been certified that 32 CFR part159 does not contain a Federal mandatethat may result in expenditure by State,

local and Tribal governments, inaggregate, or by the private sector, of$100 million or more in any one year.

Public Law 96354, RegulatoryFlexibility Act (5 U.S.C. 601)

It has been certified that 32 CFR part159 is not subject to the RegulatoryFlexibility Act (5 U.S.C. 601) because itwould not, if promulgated, have asignificant economic impact on asubstantial number of small entities.This rule will apply only to a specificsector of defense industry and a limitednumber of small entities.

Public Law 96511, PaperworkReduction Act (44 U.S.C. Chapter 35)

It has been certified that 32 CFR part159 does impose reporting orrecordkeeping requirements under thePaperwork Reduction Act of 1995.These requirements have been approved

by OMB and assigned OMB ControlNumbers 07040460, SynchronizedPredeployment and Operational Tracker(SPOT) System and 07040461,Qualification to Possess Firearms orAmmunition.

Executive Order 13132, Federalism

It has been certified that 32 CFR part159 does not have federalismimplications, as set forth in ExecutiveOrder 13132. This rule does not havesubstantial direct effects on:

(1) The States;(2) The relationship between the

National Government and the States; or(3) The distribution of power and

responsibilities among the variouslevels of Government.

List of Subjects in 32 CFR Part 159

Contracts, Security measures.Accordingly, the interim rule

amending 32 CFR part 159 which waspublished at 74 FR 34691 on July 17,2009, is adopted as a final rule with thefollowing change. Part 159 is revised toread as follows:

PART 159PRIVATE SECURITYCONTRACTORS OPERATING IN

CONTINGENCY OPERATIONSSec.159.1 Purpose.159.2 Applicability and scope.159.3 Definitions.159.4 Policy.159.5 Responsibilities.159.6 Procedures.

Authority: Pub. L. 110181; Pub. L. 110417.

159.1 Purpose.

This part establishes policy, assignsresponsibilities and providesprocedures for the regulation of theselection, accountability, training,equipping, and conduct of personnelperforming private security functionsunder a covered contract. It also assignsresponsibilities and establishesprocedures for incident reporting, use ofand accountability for equipment, rulesfor the use of force, and a process foradministrative action or the removal, asappropriate, of PSCs and PSC personnel.

159.2 Applicability and scope.

This part:(a) Applies to:(1) The Office of the Secretary of

Defense, the Military Departments, the

Office of the Chairman of the JointChiefs of Staff and the Joint Staff, theCombatant Commands, the Office of theInspector General of the Department ofDefense, the Defense Agencies, the DoDField Activities, and all otherorganizational entities in theDepartment of Defense (hereafterreferred to as the DoD Components).

(2) The Department of State and otherU.S. Federal agencies insofar as itimplements the requirements of section862 of Public Law 110181, asamended. Specifically, in areas of

operations which require enhancedcoordination of PSC and PSC personnelworking for U.S. Government (U.S.G.)agencies, the Secretary of Defense maydesignate such areas as areas of combatoperations or other significant militaryoperations for the limited purposes ofthis part. In such an instance, thestandards established in accordance

with this part would, in coordinationwith the Secretary of State, expand fromcovering only DoD PSCs and PSCpersonnel to cover all U.S.G.-fundedPSCs and PSC personnel operating inthe designated area. The requirements ofthis part shall not apply to a nonprofitnongovernmental organization receivinggrants or cooperative agreements foractivities conducted within an area ofother significant military operations ifthe Secretary of Defense and theSecretary of State agree that suchorganization may be exempted. Anexemption may be granted by the

agreement of the Secretaries under thisparagraph on an organization-by-organization or area-by-area basis. Suchan exemption may not be granted withrespect to an area of combat operations.

(b) Prescribes policies applicable toall:

(1) DoD PSCs and PSC personnelperforming private security functionsduring contingency operations outsidethe United States.

(2) USG-funded PSCs and PSCpersonnel performing private securityfunctions in an area of combatoperations or, with the agreement of theSecretary of State, other significantmilitary operations as designated by theSecretary of Defense.

159.3 Definitions.

Unless otherwise noted, these termsand their definitions are for the purposeof this part.

Area of combat operations. An area ofoperations designated as such by theSecretary of Defense for the purpose ofthis part, when enhanced coordinationof PSCs working for U.S.G. agencies isrequired.

Contingency operation. A militaryoperation that is either designated by

the Secretary of Defense as acontingency operation or becomes acontingency operation as a matter of law(10 U.S.C. 101(a)(13)). It is a militaryoperation that:

(1) Is designated by the Secretary ofDefense as an operation in whichmembers of the Armed Forces are ormay become involved in militaryactions, operations, or hostilities againstan enemy of the United States or againstan opposing military force; or

(2) Results in the call or order to, orretention on, active duty of members of



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1With respect to an area of other significantmilitary operations, the requirements of this partshall apply only upon agreement of the Secretaryof Defense and the Secretary of State. Such anagreement of the Secretaries may be made only onan area-by-area basis. With respect to an area ofcombat operations, the requirements of this partshall always apply.

2Contractors performing private securityfunctions are not authorized to perform inherentlygovernmental functions. In this regard, they arelimited to a defensive response to hostile acts ordemonstrated hostile intent.

3Available at http://www.dtic.mil/whs/directives/corres/pdf/302041p.pdf.

4Published in Title 48 of the Code of FederalRegulations.

5Published in Title 48 of the Code of FederalRegulations.

6Available from http://www.dtic.mil/whs/directives/corres/pdf/302040p.pdf.

the uniformed services under section688, 12301(a), 12302, 12304, 12305,12406, of 10 U.S.C., chapter 15 of 10U.S.C. or any other provision of lawduring a war or during a nationalemergency declared by the President orCongress.

Contractor. The contractor,subcontractor, grantee, or other party

carrying out the covered contract.Covered contract. (1) A DoD contract

for performance of services and/ordelivery of supplies in an area ofcontingency operations outside theUnited States or a contract of a non-DoDFederal agency for performance ofservices and/or delivery of supplies inan area of combat operations or othersignificant military operations, asdesignated by the Secretary of Defense;a subcontract at any tier under such acontract; or a task order or deliveryorder issued under such a contract orsubcontract.

(2) Also includes contracts orsubcontracts funded under grants andsub-grants by a Federal agency forperformance in an area of combatoperations or other significant militaryoperations as designated by theSecretary of Defense.

(3) Excludes temporary arrangementsentered into by non-DoD contractors orgrantees for the performance of privatesecurity functions by individualindigenous personnel not affiliated witha local or expatriate security company.Such arrangements must still be incompliance with local law.

Other significant military operations.

For purposes of this part, the term othersignificant military operations meansactivities, other than combat operations,as part of an overseas contingencyoperation that are carried out by UnitedStates Armed Forces in an uncontrolledor unpredictable high-threatenvironment where personnelperforming security functions may becalled upon to use deadly force.1

Private security functions. Activitiesengaged in by a contractor under acovered contract as follows:

(1) Guarding of personnel, facilities,designated sites, or property of a Federal

agency, the contractor or subcontractor,or a third party.2

(2) Any other activity for whichpersonnel are required to carry weaponsin the performance of their duties inaccordance with the terms of theircontract. For the DoD, DoDI Instruction3020.41, Contractor PersonnelAuthorized to Accompany the U.S.Armed Forces, 3 prescribes policiesrelated to personnel allowed to carry

weapons for self defense.PSC. During contingency operations

PSC means a company employed bythe DoD performing private securityfunctions under a covered contract. In adesignated area of combat operations orother significant military operations, theterm PSC expands to include allcompanies employed by U.S.G. agenciesperforming private security functionsunder a covered contract.

PSC personnel. Any individualperforming private security functionsunder a covered contract.

159.4 Policy.

(a) Consistent with the requirementsof paragraph (a)(2) of section 862 ofPublic Law 110181, the selection,training, equipping, and conduct of PSCpersonnel including the establishmentof appropriate processes shall becoordinated between the DoD and theDepartment of State. Coordination shallencompass the contemplated use of PSCpersonnel during the planning stages ofcontingency operations so as to allowguidance to be developed underparagraphs (b) and (c) of this sectionand promulgated under section 159.5 ofthis part in a timely manner that is

appropriate for the needs of thecontingency operation.(b) Geographic Combatant

Commanders will provide tailored PSCguidance and procedures for theoperational environment in their Area ofResponsibility (AOR) in accordancewith this part, the Federal AcquisitionRegulation (FAR) 4 and the DefenseFederal Acquisition RegulationSupplement (DFARS).5

(c) In a designated area of combatoperations or other significant militaryoperations, the relevant Chief of Missionwill be responsible for developing andissuing implementing instructions fornon-DoD PSCs and their personnelconsistent with the standards set forth

by the geographic CombatantCommander in accordance withparagraph (b) of this section. The Chiefof Mission has the option to instructnon-DoD PSCs and their personnel to

follow the guidance and proceduresdeveloped by the geographic CombatantCommander and/or a sub unifiedcommander or joint force commander(JFC) where specifically authorized bythe Combatant Commander to do so andnotice of that authorization is providedto non-DoD agencies.

(d) The requirements of this part shall

not apply to contracts entered into byelements of the intelligence communityin support of intelligence activities.

159.5 Responsibilities.

(a) The Deputy Assistant Secretary ofDefense for Program Support, under theauthority, direction, and control of theAssistant Secretary of Defense forLogistics and Materiel Readiness, shallmonitor the registering, processing, andaccounting of PSC personnel in an areaof contingency operations.

(b) The Director, Defense Procurementand Acquisition Policy, under the

authority, direction, and control of theUnder Secretary of Defense forAcquisition, Technology and Logistics,shall ensure that the DFARS and (inconsultation with the other members ofthe FAR Council) the FAR provideappropriate guidance and contractclauses consistent with this part andparagraph (b) of section 862 of PublicLaw 110181.

(c) The Deputy Chief ManagementOfficer of the Department of Defenseshall direct the appropriate componentto ensure that information systemseffectively support the accountabilityand visibility of contracts, contractors,

and specified equipment associatedwith private security functions.

(d) The Chairman of the Joint Chiefsof Staff shall ensure that joint doctrineis consistent with the principlesestablished by DoD Directive 3020.49,Orchestrating, Synchronizing, andIntegrating Program Management ofContingency Acquisition Planning andIts Operational Execution, 6 DoDInstruction 3020.41, ContractorPersonnel Authorized to Accompanythe U.S. Armed Forces, and this part.

(e) The geographic CombatantCommanders in whose AOR a

contingency operation is occurring, andwithin which PSCs and PSC personnelperform under covered contracts, shall:

(1) Provide guidance and procedures,as necessary and consistent with theprinciples established by DoD Directive3020.49, Orchestrating, Synchronizing,and Integrating Program Management ofContingency Acquisition Planning andIts Operational Execution, DoDInstruction 3020.41, Contractor

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7Available at http://www.dtic.mil/whs/directives/corres/html/302041.htm.

8CJCSI 3121.01B provides guidance on thestanding rules of engagement (SROE) andestablishes standing rules for the use of force(SRUF) for DOD operations worldwide. Thisdocument is classified secret. CJCSI 3121.01B isavailable via Secure Internet Protocol RouterNetwork at http://js.smil.mil.If the requester is notan authorized user of the classified network, therequester should contact Joint Staff J3 at 7036140425.


10Available at http://www.dtic.mil/whs/directives/corres/pdf/520008r.pdf.


12Available at http://www.dtic.mil/whs/directives/corres/pdf/110022p.pdf.

Personnel Authorized to Accompanythe U.S. Armed Forces, 7 and this part,for the selection, training, accountabilityand equipping of such PSC personneland the conduct of PSCs and PSCpersonnel within their AOR. Individualtraining and qualification standardsshall meet, at a minimum, one of theMilitary Departments established

standards. Within a geographiccombatant command, a sub unifiedcommander or JFC shall be responsiblefor developing and issuingimplementing procedures as warranted

by the situation, operation, andenvironment, in consultation with therelevant Chief of Mission in designatedareas of combat operations or othersignificant military operations.

(2) Through the Contracting Officer,ensure that PSC personnel acknowledge,through their PSC, their understandingand obligation to comply with the termsand conditions of their covered

contracts.(3) Issue written authorization to thePSC identifying individual PSCpersonnel who are authorized to bearmed. Rules for the Use of Force shall

be included with the writtenauthorization, if not previouslyprovided to the contractor in thesolicitation or during the course ofcontract administration. Rules for theUse of Force shall conform to theguidance in the Chairman of the JointChiefs of Staff Instruction 3121.01B,Standing Rules of Engagement/Standing Rules for the Use of Force forU.S. Forces. Access by offerors and

contractors to the rules for the use offorce may be controlled in accordancewith the terms of FAR 52.2042 (Aug1996), DFARS 252.2047000 (Dec 1991),or both.8

(4) Ensure that the procedures, orders,directives and instructions prescribed in 159.6(a) of this part are availablethrough a single location (to include anInternet Web site, consistent withsecurity considerations andrequirements).

(f) The Heads of the DoD Componentsshall:

(1) Ensure that all private security-

related requirement documents are incompliance with the procedures listedin 159.6 of this part and the guidance

and procedures issued by thegeographic Combatant Command,

(2) Ensure private security-relatedcontracts contain the appropriateclauses in accordance with theapplicable FAR clause and includeadditional mission-specificrequirements as appropriate.

159.6 Procedures.(a) Standing Combatant CommandGuidance and Procedures. Eachgeographic Combatant Commander shalldevelop and publish guidance andprocedures for PSCs and PSC personneloperating during a contingencyoperation within their AOR, consistentwith applicable law; this part;applicable Military Departmentpublications; and other applicable DoDissuances to include DoD Directive3020.49, Orchestrating, Synchronizing,and Integrating Program Management ofContingency Acquisition Planning andIts Operational Execution, DFARS,DoD Directive 2311.01E, DoD Law ofWar Program, 9 DoD 5200.8R,Physical Security Program, 10 CJCSI3121.01B, Standing Rules ofEngagement/Standing Rules for the Useof Force for U.S. Forces, and DoDDirective 5210.56, Use of Deadly Forceand the Carrying of Firearms by DoDPersonnel Engaged in Law Enforcementand Security Duties. 11 The guidanceand procedures shall:

(1) Contain, at a minimum,procedures to implement the followingprocesses, and identify the organizationresponsible for managing these

processes:(i) Registering, processing, accountingfor and keeping appropriate records ofPSCs and PSC personnel in accordancewith DoD Instruction 3020.41,Contractor Personnel Authorized toAccompany the U.S. Armed Forces.

(ii) PSC verification that PSCpersonnel meet all the legal, training,and qualification requirements forauthorization to carry a weapon inaccordance with the terms andconditions of their contract and hostcountry law. Weapons accountabilityprocedures will be established andapproved prior to the weaponsauthorization.

(iii) Arming of PSC personnel.Requests for permission to arm PSCpersonnel shall be reviewed on a case-

by-case basis by the appropriate StaffJudge Advocate to the geographicCombatant Commander (or a designee)

to ensure there is a legal basis forapproval. The request will then beapproved or denied by the geographicCombatant Commander or a specificallyidentified designee, no lower than theflag officer level. Requests to arm non-DOD PSC personnel shall be reviewedand approved in accordance with 159.4(c) of this part. Requests for

permission to arm all PSC personnelshall include:

(A) A description of where PSCpersonnel will operate, the anticipatedthreat, and what property or personnelsuch personnel are intended to protect,if any.

(B) A description of how themovement of PSC personnel will becoordinated through areas of increasedrisk or planned or ongoing militaryoperations, including how PSCpersonnel will be rapidly identified bymembers of the U.S. Armed Forces.

(C) A communication plan, to includea description of how relevant threatinformation will be shared between PSCpersonnel and U.S. military forces andhow appropriate assistance will beprovided to PSC personnel who becomeengaged in hostile situations. DoDcontractors performing private securityfunctions are only to be used inaccordance with DoD Instruction1100.22, Guidance for DeterminingWorkforce Mix, 12 that is, they arelimited to a defensive response tohostile acts or demonstrated hostileintent.

(D) Documentation of individualtraining covering weaponsfamiliarization and qualification, rulesfor the use of force, limits on the use offorce including whether defense ofothers is consistent with host nationStatus of Forces Agreements or locallaw, the distinction between the rules ofengagement applicable to military forcesand the prescribed rules for the use offorce that control the use of weapons bycivilians, and the Law of ArmedConflict.

(E) Written acknowledgment by thePSC and its individual PSC personnel,

after investigation of background of PSCpersonnel by the contractor, verifyingsuch personnel are not prohibited underU.S. law to possess firearms.

(F) Written acknowledgment by thePSC and individual PSC personnel that:

(1) Inappropriate use of force bycontractor personnel authorized toaccompany the U.S. Armed Forces maysubject such personnel to United States

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13This requirement is specific to armingprocedures. Such written acknowledgement shouldnot be construed to limit potential civil andcriminal liability to conduct arising from the useof weapons. For example, PSC personnel could beheld criminally liable for any conduct that wouldconstitute a Federal offense (see MEJA, 18 U.S.C.3261(a)).

or host nation prosecution and civilliability.13

(2) Proof of authorization to be armedmust be carried by each PSC personnel.

(3) PSC personnel may possess onlyU.S.G.-issued and/or -approvedweapons and ammunition for whichthey have been qualified according toparagraph (a)(1)(iii)(E) of this section.

(4) PSC personnel were briefed aboutand understand limitations on the use offorce.

(5) Authorization to possess weaponsand ammunition may be revoked fornon-compliance with established rulesfor the use of force.

(6) PSC personnel are prohibited fromconsuming alcoholic beverages or beingunder the influence of alcohol whilearmed.

(iv) Registration and identification inthe Synchronized Predeployment andOperational Tracker (or its successordatabase) of armored vehicles,

helicopters, and other vehicles operatedby PSC personnel.(v) Reporting alleged criminal activity

or other incidents involving PSCs orPSC personnel by another company orany other person. All incidentsinvolving the following shall bereported and documented:

(A) A weapon is discharged by anindividual performing private securityfunctions;

(B) An individual performing privatesecurity functions is killed or injured inthe performance of their duties;

(C) A person other than an individualperforming private security functions iskilled or injured as a result of conduct

by PSC personnel;(D) Property is destroyed as a result of

conduct by a PSC or PSC personnel;(E) An individual performing private

security functions has come underattack including in cases where aweapon is discharged against anindividual performing private securityfunctions or personnel performing suchfunctions believe a weapon was sodischarged; or

(F) Active, non-lethal counter-measures (other than the discharge of aweapon) are employed by PSC

personnel in response to a perceivedimmediate threat in an incident thatcould significantly affect U.S. objectiveswith regard to the military mission orinternational relations. (Active non-lethal systems include laser optical

distracters, acoustic hailing devices,electro-muscular TASER guns, blunt-trauma devices like rubber balls andsponge grenades, and a variety of riot-control agents and delivery systems).

(vi) The independent review and, ifpracticable, investigation of incidentsreported pursuant to paragraphs(a)(1)(v)(A) through (a)(1)(v)(F) of this

section and incidents of allegedmisconduct by PSC personnel.

(vii) Identification of ultimatecriminal jurisdiction and investigativeresponsibilities, where conduct ofU.S.G.-funded PSCs or PSC personnelare in question, in accordance withapplicable laws to include a recognitionof investigative jurisdiction andcoordination for joint investigations(i.e., other U.S.G. agencies, host nation,or third country agencies), where theconduct of PSCs and PSC personnel isin question.

(viii) A mechanism by which a

commander of a combatant commandmay request an action by which PSCpersonnel who are non-compliant withcontract requirements are removed fromthe designated operational area.

(ix) Interagency coordination ofadministrative penalties or removal, asappropriate, of non-DoD PSC personnelwho fail to comply with the terms andconditions of their contract, as theyrelate to this part.

(x) Implementation of the trainingrequirements contained below inparagraph (a)(2)(ii) of this section.

(2) Specifically cover:(i) Matters relating to authorized

equipment, force protection, security,health, safety, and relations andinteraction with locals in accordancewith DoD Instruction 3020.41,Contractor Personnel Authorized toAccompany the U.S. Armed Forces.

(ii) Predeployment trainingrequirements addressing, at a minimum,the identification of resources andassistance available to PSC personnel aswell as country information and culturaltraining, and guidance on working withhost country nationals and militarypersonnel.

(iii) Rules for the use of force and

graduated force procedures.(iv) Requirements and procedures fordirection, control and the maintenanceof communications with regard to themovement and coordination of PSCsand PSC personnel, includingspecifying interoperabilityrequirements. These includecoordinating with the Chief of Mission,as necessary, private security operationsoutside secure bases and U.S.diplomatic properties to includemovement control procedures for allcontractors, including PSC personnel.

(b) Availability of Guidance andProcedures. The geographic CombatantCommander shall ensure the guidanceand procedures prescribed in paragraph(a) of this section are readily availableand accessible by PSCs and theirpersonnel (e.g., on a Web page and/orthrough contract terms), consistent withsecurity considerations and

requirements.(c) Subordinate Guidance and

Procedures. A sub unified commanderor JFC, in consultation with the Chief ofMission, will issue guidance andprocedures implementing the standingcombatant command publicationsspecified in paragraph (a) of thissection, consistent with the situationand operating environment.

(d) Consultation and Coordination.The Chief of Mission and the geographicCombatant Commander/sub unifiedcommander or JFC shall make everyeffort to consult and coordinateresponses to common threats andcommon concerns related to oversight ofthe conduct of U.S.G.-funded PSCs andtheir personnel.

Dated: August 3, 2011.

Patricia L. Toppings,

OSD Federal Register Liaison Officer,Department of Defense.

[FR Doc. 201120239 Filed 81011; 8:45 am]

BILLING CODE 500106P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 319

[Docket ID DOD2011OS0022]

Privacy Act; Implementation

AGENCY: Defense Intelligence Agency,DoD.ACTION: Direct final rule with request forcomments.

SUMMARY: The Defense IntelligenceAgency is deleting an exemption rulefor LDIA 0275, DoD Hotline Referralsin its entirety. This direct final rulemakes nonsubstantive changes to the

Defense Intelligence Agency PrivacyProgram rules. These changes will allowthe Department to transfer these recordsto another system of records LDIA 0271,Investigations and Complaints (July19, 2006, 71 FR 41006). This willimprove the efficiency and effectivenessof DoDs program by preserving theexempt status of the records when thepurposes underlying the exemption arevalid and necessary to protect thecontents of the records. This rule is

being published as a direct final rule asthe Department of Defense does not


Documents

32 CFR Part 159 Private Security Contractors (PSCs) Operating in Contingency Operations, Combat Operations or Other Significant Military Operations