[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