[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Rules and Regulations]
[Page 55730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22162]


=======================================================================
-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD has adopted as final, without change, 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.

EFFECTIVE DATE: August 30, 2002.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Haberlin, Defense 
Acquisition Regulations Council, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289; 
facsimile (703) 602-0350. Please cite DFARS Case 2001-D018.

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 additional exception permits award of contracts 
for security functions to proximately located local and State 
governments. This DFARS rule implements section 1010 of Public Law 107-
56.
    DoD published an interim rule at 67 FR 11438 on March 14, 2002. Two 
sources submitted comments on the interim rule, and both supported the 
rule. Therefore, DoD is converting the interim rule to a final rule 
without change.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not 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.

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.

List of Subjects in 48 CFR Part 237

    Government procurement.

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

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR Part 237, which was 
published at 67 FR 11438 on March 14, 2002, is adopted as a final rule 
without change.

[FR Doc. 02-22162 Filed 8-29-02; 8:45 am]
BILLING CODE 5001-08-P