§ 159.3 Definitions. Unless otherwise noted, these terms and their definitions are for the purpose of this part. *Area of combat operations.* An area of operations designated as such by the Secretary of Defense for the purpose of this part, when enhanced coordination of PSCs working for U.S.G. agencies is required.
*Arming authority.* A Combatant Commander (CCDR) with responsibility for the applicable geographic area concerned, or a person or persons designated by that Commander 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.* Per 10 U.S.C. 101(a)(13)(a), a military operation that is designated by the Secretary of Defense as a contingency operation, or that becomes a contingency operation as a matter of law in accordance with 10 U.S.C. 101(a)(13)(b).
*Contractor.* The contractor, subcontractor, grantee, or other party carrying out the covered contract.
*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 U.S. 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 Secretary of Defense and the Secretary of State 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 Contractor (PSC).* A company contracted by the U.S.G. to perform private security functions under a covered contract.
*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, armed contractors are limited in the use of force to a defensive response to hostile acts or demonstrated hostile intent.
*PSC personnel.* Any individual performing 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.
[76 FR 49655, Aug. 11, 2011, as amended at 87 FR 55283, Sept. 9, 2022]