[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Proposed Rules]
[Pages 28042-28047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10100]
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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: Proposed rule.
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SUMMARY: The DoD is proposing updates to this part to incorporate
changes from the National Defense Authorization Act (NDAA) that were
not available when the rule was last published on August 11, 2011.
These proposed changes include administrative updates and
clarifications to 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: Comments must be received by July 26, 2021.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulatory Information Number (RIN) number and title, by any of the
following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: DoD cannot receive written comments at this time due
to the COVID-19 pandemic. Comments should be sent electronically to the
docket listed above.
Instructions: All submissions received must include the agency name
and docket number or RIN for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
internet at http://www.regulations.gov as they are received without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Donna M. Livingston, 703-692-3032,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Purpose of the Existing Rule
The DoD may contract for private security functions to fulfill non-
combat
[[Page 28043]]
requirements for security in contingency operations, humanitarian or
peace operations, and other military operations or exercises. Private
security functions include guarding of personnel, facilities,
designated sites, or property of a Federal agency, a contractor or
subcontractor, or a third party. It is DoD policy that PSCs must be
established, registered, well regulated, rigidly disciplined, and
properly staffed with carefully selected operating personnel. This
policy reflects U.S. law and is implemented through this rule, DoD
Directives, DoD Instructions, and acquisition policies and regulations,
to include the use of rigorous and verifiable business and operational
standards.
B. Summary of Major Provisions of This Regulatory Action
This regulatory action proposes changes to the current rule in
order to provide clarification to PSCs supporting DoD in support of
contingency operations, humanitarian or peace operations, or other
military operations or exercises outside of the U.S. The proposed
changes include additional citations for guidance on inherently
governmental functions and PSC compliance with DoD approved national
and international recognized quality assurance management standards.
PSCs must also cooperate with DoD on all government investigations. DoD
is responsible for providing the appropriate contract administration
oversight of PSCs. Finally, for clarification, this regulatory action
proposes to add the definitions on total force and arming authorities
to ensure compliance with statutory requirements.
C. Legal Authority for This Program
The proposed updates to this rule are required to meet the mandate
of Section 862 of the 2008 NDAA, as amended by Section 813 of the 2010
NDAA and Section 832 of the 2011 NDAA.
II. Regulatory History
The rule was initially published as an interim final rule in the
Federal Register (74 FR 34691) on July 17, 2009, because there was
insufficient policy and guidance regulating the actions of DoD and
other governmental PSCs and their employees' movements in operational
areas. The final rule, published in the Federal Register (74 FR 49650)
on September 11, 2011, established policy, assigned responsibilities
and provided procedures for the regulation of the selection,
accountability, training, equipping and conduct of personnel performing
private security functions under a covered contract during contingency
operations, combat operations, or other significant military
operations. It also assigned responsibilities and established
procedures for incident reporting, use of and accountability for
equipment, rules for the use of force, and a process for administrative
action or the removal, as appropriate, of PSCs and PSC personnel.
The corresponding internal DoD policy is captured 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. For additional information, DoD
Instruction 3020.50 can be accessed at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/302050p.pdf.
III. Regulatory Analysis
A. Regulatory Planning and Review
a. Executive Orders
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of 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, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Accordingly, this rule has been reviewed by the Office of
Management and Budget (OMB) under the requirements of these Executive
orders. This rule has been designated a ``not significant regulatory
action,'' and determined not to be economically significant, under
section 3(f) of Executive Order 12866. It has been determined that 32
CFR part 159 does not have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy; a
section of the economy; productivity; competition; jobs; the
environment; public health or safety; or State, local, or tribal
governments or communities.
b. Summary
This proposed rule provides clarification and updates for PSCs
supporting DoD in contingency operations, humanitarian or peace
operations, or other military operations or exercises outside of the
U.S. The clarification and updates are derived from statue and
regulations requiring PSCs not to perform inherently governmental
functions, obtain third party quality assurance standards, and
cooperate with DoD on all Government investigations.
c. Affected Population
This proposed rule provides information relevant to commercial
sector contractors and their personnel who may provide contracted
support to the DoD during applicable operations outside the United
States.
[ssquf] Contractor employees--Provides information and describes
the requirements DoD imposes on employees of private security companies
who may be employed in support of DoD operating in contingency
operations, humanitarian or peace operations, or other military
operations or exercises.
[ssquf] Companies or organizations--Provides information and
describes the requirements for private security companies who may be
employed in support of DoD operating in contingency operations,
humanitarian or peace operations, or other military operations or
exercises.
d. Costs
The proposed updates to the rule will not result in an increased
burden to PSCs. PSCs are already implementing these changes based on
the current 32 CFR part 159 and contract clauses outlined in Defense
Federal Acquisition Regulation Supplement (DFARS) 252.225-7039,
``Defense Contractors Performing Private Security Functions Outside the
United States.'' The changes in the proposed rule are a clarification
or update to the current rule.
e. Benefits
The proposed rule will clarify the guidance to the public when
considering providing private security contracting support to the DoD
while operating in a contingency operation, humanitarian or peace
operations, or other military operations or exercises. This updated
rule consolidates guidance into one document, which will improve the
public planning for providing contract support to DoD. The
consolidation will ensure the public is aware of all statutory
requirements to compete for and perform private security contracts in
support of DoD outside of the U.S.
[[Page 28044]]
f. Alternative
DoD has considered the following alternative approaches:
[ssquf] No action. If no action is taken, the public will continue
to use the current rule for PSCs supporting DoD outside of the U.S. DoD
has improved its oversight of PSCs and Operational Contract Support
through lessons learned since the current rule was published. The
proposed rule, once accepted, will provide clearer guidance to the
public on the contractor and government responsibilities.
[ssquf] Publish proposed rule. This updated rule consolidates
guidance into one document which will improve the public planning for
providing contract support to DoD. The consolidation will ensure the
public is aware of all statutory requirements to compete for and
perform private security contracts in support of DoD outside of the
U.S.
B. Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
The Department of Defense certifies that this proposed 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.
C. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. DoD will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This proposed rule is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
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
proposed 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 32 CFR part 159 does impose reporting
or recordkeeping requirements under the Paperwork Reduction Act of
1995. This collection has been reviewed and approved by the OMB under
OMB Control Number 0704-0549 (expires October 31, 2022), ``Defense
Contractors Performing Private Security Functions Outside the United
States.'' It included a total cost of $1,080 annually for PSC companies
to report to the Geographic Combatant Commander the following incidents
if and when they occur:
[ssquf] A weapon is discharged by PSC personnel performing private
security functions.
[ssquf] PSC personnel performing private security functions are
attacked, killed, or injured.
[ssquf] PSC personnel are killed or injured or property is
destroyed as a result of conduct by contractor personnel.
[ssquf] A weapon is discharged against PSC personnel performing
private security functions or personnel performing such functions
believe a weapon was so discharged.
[ssquf] Active, non-lethal countermeasures (other than the
discharge of a weapon) are employed by PSC personnel performing private
security functions in response to a perceived immediate threat.
The changes proposed by this regulatory action neither increases
nor decreases the public burden associated with this collection of
information.
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 proposed rule will not have a substantial effect on
State and local governments.
List of Subjects in 32 CFR Part 159
Government contracts, Reporting and recordkeeping requirements,
Security measures.
Accordingly, 32 CFR part 159 is proposed to be 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 additions read as follows:
Sec. 159.2 Applicability and scope.
* * * * *
(a) * * *
(1) * * *
(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 United States
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
[[Page 28045]]
agreement of the Secretaries 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. The GCC, or a person or persons designated by the
GCC, 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. A military operation that is either
designated by the Secretary of Defense as a contingency operation or
becomes a contingency operation as a matter of law as defined in 10
U.S.C. 101(a)(13).
* * * * *
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 United States 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 Secretaries may be made 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 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/302041p.pdf) 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, they are limited 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. Adding ``(GCCs)'' after ``Geographic Combatant Commanders.''
0
ii. Redesignating footnotes 4 and 5 as footnotes 1 and 2.
0
c. In paragraph (c):
0
i. Adding ``(COM)'' after ``the relevant Chief of Mission'' in the
first sentence.
0
ii. Removing ``geographic Combatant Commander'' and adding in its place
``GCC'' in the first sentence.
0
iii. Removing ``Chief of Mission'' and adding in its place ``COM'' in
the second sentence.
0
iv. Removing ``geographic Combatant Commander'' and adding in its place
``GCC'' 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 statute, 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 GCCs 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), ensures
that the DFARS and (when appropriate, in consultation with the other
members of the FAR Council) the FAR, provides appropriate guidance and
publish 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, ``Orchestrating,
Synchronizing, and Integrating Program Management of Contingency
Acquisition Planning and Its Operational Execution'' (available at
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/
[[Page 28046]]
302049p.pdf); DoD Instruction 3020.41, DoD Directive 5210.56, ``Arming
and the Use of Force'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/521056_dodd_2016.pdf); and this part.
(e) The GCCs in whose AOR 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 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/110022p.pdf); DFARS, 48 CFR
subpart 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 geographic Combatant
Command, 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
52.204-2, ``Security Requirements''; DFARS 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 https://jsportal.osd.smil.mil.
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(4) Ensure that the procedures, orders, directives, and
instructions prescribed in Sec. 159.6 are available through a single
location (to include an internet website, 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 geographic Combatant Command.
(2) Ensure private security-related contracts contain the
appropriate clauses in accordance with the applicable FAR and DFARS
clauses and include additional mission-specific requirements as
appropriate.
(3) 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 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/500072p.pdf).
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'' everywhere it appears
and adding in its place ``GCC'' in the first sentence.
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 ``commander of a CCMD
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 (iv) and adding new paragraph (a)(2)(ii).
0
l. Further redesignating newly redesignated paragraph (a)(2)(iv) 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 ``CCMD,'' 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 ``GCC/
sub unified commander,'' respectively.
The revisions and additions read as follows:
Sec. 159.6 Procedures.
(a) Standing Combatant Command (CCMD) guidance and procedures. Each
GCC 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 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/231101e.pdf); DoD 5200.8-R, ``Physical
[[Page 28047]]
Security Program'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520008rm.pdf); CJCS Instruction 3121.01B,
``Standing Rules of Engagement/Standing Rules for the Use of Force for
U.S. Forces,'' 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: May 10, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2021-10100 Filed 5-24-21; 8:45 am]
BILLING CODE 5001-06-P