[Federal Register Volume 67, Number 50 (Thursday, March 14, 2002)]
[Rules and Regulations]
[Pages 11438-11439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5953]


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DEPARTMENT OF DEFENSE

48 CFR part 237

[DFARS Case 2001-D018]


Defense Federal Acquisition Regulation Supplement; Performance of 
Security Functions

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 1010 of 
the USA Patriot Act. Section 1010 provides an exception to the 
prohibition on contracting for security functions at a military 
installation or facility. The exception applies during the period of 
time that United States armed forces are engaged in Operation Enduring 
Freedom and 180 days thereafter.

DATES: Effective date: March 14, 2002.
    Comment date: Comments on the interim rule should be submitted to 
the address shown below on or before May 13, 2002, to be considered in 
the formation of the final rule.

ADDRESSES: Respondents may submit comments directly on the World Wide 
Web at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an 
alternative, respondents may e-mail comments to: [email protected]. 
Please cite DFARS Case 2001-D018 in the subject line of e-mailed 
comments.
    Respondents that cannot submit comments using either of the above 
methods may submit comments to: Defense Acquisition Regulations 
Council, Attn: Ms. Sandra Haberlin, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-0350. 
Please cite DFARS Case 2001-D018.
    At the end of the comment period, interested parties may view 
public comments on the World Wide Web at http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Haberlin, (703) 602-0289.

SUPPLEMENTARY INFORMATION:

A. Background

    10 U.S.C. 2465 prohibits DoD from entering into contracts for the 
performance of firefighting or security-guard functions at military 
installations or facilities, unless certain exceptions apply. Section 
1010 of the USA Patriot Act (Public Law 107-56) adds another exception 
to this prohibition, to apply during the period of time that United 
States armed forces are engaged in Operation Enduring Freedom and 180 
days thereafter. The exception permits award of contracts for security 
functions to proximately located local and State governments. This 
interim rule amends DFARS 237.102-70 to implement Section 1010 of 
Public Law 107-56.
    This rule was not subject to Office of Management and Budget review 
under

[[Page 11439]]

Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
applies only to military installations and facilities and proximately 
located local and State governments. Therefore, DoD has not performed 
an initial regulatory flexibility analysis. DoD invites comments from 
small businesses and other interested parties. DoD also will consider 
comments from small entities concerning the affected DFARS subpart in 
accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 2001-D018.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements Section 1010 of the USA Patriot Act 
(Public Law 107-56). Section 1010 permits DoD to enter into contracts 
for the performance of security functions at military installations and 
facilities during the period of time that United States armed forces 
are engaged in Operation Enduring Freedom and 180 days thereafter. 
Section 1010 became effective on October 26, 2001. Comments received in 
response to this interim rule will be considered in the formation of 
the final rule.

List of Subjects in 48 CFR Part 237

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR part 237 is amended as follows:
    1. The authority citation for 48 CFR part 237 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 237--SERVICE CONTRACTING

    2. Section 237.102-70 is amended by adding paragraph (c) to read as 
follows:


237.102-70  Prohibition on contracting for firefighting or security-
guard functions.

* * * * *
    (c) Under Section 1010 of Public Law 107-56, this prohibition does 
not apply to any contract that'
    (1) Is entered into during the period of time that United States 
armed forces are engaged in Operation Enduring Freedom or during the 
period 180 days thereafter;
    (2) Is for the performance of security functions at any military 
installation or facility in the United States;
    (3) Is awarded to a proximately located local or State government, 
or a combination of such governments, whether or not any such 
government is obligated to provide such services to the general public 
without compensation; and
    (4) Prescribes standards for the training and other qualifications 
of local government law enforcement personnel who perform security 
functions under the contract in accordance with criteria established by 
the Secretary of the department concerned.

[FR Doc. 02-5953 Filed 3-13-02; 8:45 am]
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