Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 1

DoD/

COE

Defining the 

Term “Waters of 

the United 

States”

The rule will clarify the 

definition of the term “waters of 

the United States” under the 

Clean Water Act (CWA), and 

thus which waters are subject to 

the various provisions of the Act. 

By clarifying which waters and 

wetlands are jurisdictional, the

rule will provide more certainty 

as to which activities require 

Department of Army permits. 

There will also be reduced 

delays for activities affecting 

those categories of waters and 

wetlands. The proposed Rule 

will address all CWA Programs. 

A regulation is expected to 

provide greater efficiency for 

agencies and the regulated 

public.

 2015

The rule will provide greater 

clarity to the regulated public 

regarding which waters are 

jurisdictional. Costs may be 

incurred by the Corps from 

additional workload efforts for 

any needed database changes, 

developing and providing 

training to field staff, and 

outreach to the regulated public 

and consultant community.

Published in the 

Federal Register on 

21 April 2014 (79 

FR 22187) for 90 

days of public 

comment. On 10 

June 2014, the 

comment period was 

extended until 20 

October 2014. 

DoD/ 

COE

Regulations 

Review

In accordance with the E.O., the 

USACE plan solicited comments 

on its Regulations to make the 

Regulatory Program more 

effective and less burdensome. 

The USACE Regulatory 

Program’s regulations are found 

at 33 CFR Parts 320–332 and 

334. The current Regulations 

were published in the Federal 

Register on November 13, 1986 

(51 FR 41206). These 

Regulations describe the 

fundamental procedures, 

Federal 

Register 

notice 

soliciting 

comments 

published on 

16 November 

2011 with 

closing date 

of 17 January 

2012. 

Priorities 

identified in 

Fall 2013. 

The comments received in 

response to retrospective review 

may identify improvements to 

the regulations to reduce the 

burden on the regulated public 

and make the regulations easier 

to utilize.

Federal Register 

notice soliciting 

comments closed on 

17 January 2012 (76 

FR 70927). 75 

comments are 

undergoing review. 

In 2014, publish 

Federal Register 

notice summarizing 

comments received 

and identifying 

priorities. 

Implementation and 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 2

policies, authorities, and 

guidelines of the U.S. Army 

Corps of Engineer’s Regulatory 

Program. Since the 1986

Regulations were issued, parts of 

these Regulations have been 

modified and these are to be 

incorporated into one codified 

set of Regulations.

Implementation will be 

ongoing. 

status updates of

identified priorities 

will be ongoing. In 

response to OMB’s 

Dec 2013 request, 

outlined below is a 

summary of the 

primary comment 

topic areas and 

actions taken to date 

that align with those 

comments.

Regulatory Review Comment Summary

Mitigation- Increase clarity, 

predictability and 

application of the Mitigation 

Rule which went into effect 

on June 9, 2008. 

The Corps and EPA are undertaking a joint effort to conduct a retrospective review of the 2008 Mitigation Rule to 

provide information on implementation of the rule, and will include some analysis of pre- and post-rule compensatory 

mitigation practices. The retrospective review will also provide summary data on issued permits and required 

compensatory mitigation to characterize compensatory mitigation requirements and practices for Department of the Army 

permits under the rule. There will also be summary statistics and analyses of mitigation banks and in-lieu fee programs 

that have been approved since the rule went into effect. In addition, the retrospective review will provide information on 

various local procedures and tools issued by Corps divisions and districts to assist in implementation of the rule. The 

Corps also continues to provide internal workshops and external interagency sessions on various aspects of the mitigation 

rule – e.g., conservation banking course, Interagency Review Team workshops, mitigation rule refresher sessions, etc. 

Jurisdiction – Clarify which 

waters are jurisdictional 

under the Clean Water Act

The Corps and EPA are currently undertaking rulemaking to clarify the issue, as outlined above in “Defining the Term 

Waters of the United States.”

General Permits – Allow 

GPs to be valid for longer, 

expand/reduce the types of 

activities covered

The Nationwide Permits are reissued every five years, most recently in March 2012. Any changes to the activities 

covered by the Nationwide Permits can be addressed during reissuance in March 2017. In January 2013, the Corps 

revised its regulations to allow for Nationwide Permit verifications to remain valid for the duration the Nationwide Permit 

is valid instead of two years. In the next year, the Corps will begin data analysis to support the 2017 NWP 

reauthorization package.

Compliance/Enforcement–

Increase the efficiency and 

On 29 Mar 13, the Corps’ increased the maximum Class I civil penalty for violations under Section 309(g) of the Clean 

Water Act increased from $27,500 to $32,500. The benefit of this rule increased the maximum Class I civil penalty 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 3

effectiveness of federal noncompliance/enforcement 

actions. 

amount to account for inflation, in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as 

amended, and maintained the deterrent provided by that Class I civil penalty. In December 2012, the Corps and EPA 

signed a MOA that outlined the steps the agencies would take to improve coordination and information sharing to 

enhance effective CWA Section 404 enforcement. 

Website/Outreach – Improve 

information sharing and 

increase transparency 

through expanded use of 

internet technologies.

Although such improvements do not require rulemaking, the Corps continues to invest in a variety of measures to 

increase transparency and information sharing. 

In FY 2013 the Corps accomplished the following: 

---ORM Permit Decisions website displays, among other things, data on pending and issued Individual Permit reviews by 

USACE, thereby increasing public transparency. In April 2013, two new tabs were added – WRDA and Deepwater 

Horizon Settlements. The WRDA tab was created to track final actions reviewed under funding agreements established 

under Section 214 of the Water Development Resources Act of 2000, as amended (WRDA) or Section 6002(j) of the 

Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The Deepwater 

Horizon Settlement tab was created to track projects funded through the Deepwater Horizon oil spill restoration efforts. 

Examples of the funding sources include: Resources and Ecosystem Sustainability, Tourism Opportunities and Revived 

Economy of the Gulf Coast Act of 2012 (RESTORE), the National Fish and Wildlife Foundation (NFWF), and Natural 

Resources Damage Assessment (NRDA). Pending applications, final permit decisions, jurisdictional determinations and 

pre-application meetings for these projects will be displayed.

---Enhancements to the Regulatory In-lieu Fee and Bank Tracking System (RIBITS) that will better allow Federal 

Highways Administration to track State DOT use of commercial mitigation and conservation bank credits as well as 

establishment of DOT single-client banks. The general public can also utilize this information when looking for potential 

mitigation options for a project. Additional enhancements to the system were made throughout the year to improve 

access to mitigation banking and In-Lieu Fee Program information and many useful reports have been created. One to 

two webinars were held each month to orient district administrators, staff, and other agency personnel to RIBITS.

Ongoing Efforts:

--Enhancements to the ORM2 database are under development to facilitate more expeditious bulk data upload processes 

for large linear projects with multiple separate and distant crossings of waters of the U.S., thereby reducing the time it

currently takes to enter pertinent information for the many infrastructure projects the Corps currently reviews. 

---Enhancements to the database are under development to better track coordination and outcomes with Tribes as part of 

the Corps’ Tribal Trust Responsibilities and Section 106 of the NHPA requirements.

--Other improvements include expanded tracking of mitigation bank and in-lieu fee program information, including 

modifications made to banking instruments, additional reporting capabilities, and access to more geospatial data layers to 

support decision making. Additional documentation and training was also provided to the field to support consistent data 

entry practices. 

Compliance with Section The ASA(CW), Corps, and ACHP are currently discussing potential opportunities to improve Regulatory Program 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 4

106 of the National Historic 

Preservation Act – Better 

align the Corps’ Appendix C 

with the ACHP’s 36 CFR 

800 regulations.

approaches for compliance with the National Historic Preservation Act. This effort involves potential considerations for 

developing alternative procedures/rules and or revisions to the Corps regulations. No timeline has yet been developed. 

ASA(CW) and the Corps provided the ACHP a draft proposal in November 2013. 

Deadlines – Add deadlines 

for various aspects of the 

Corps’ review and decisionmaking process.

In February 2013, the Corps revised its Nationwide Permit Program regulations at 33 CFR Part 330 to increase the preconstruction notification review period from 30 days to 45 days, to be consistent with the current nationwide permits. 

The Corps does not have deadlines for other processes but does have target dates. Target dates are used in lieu of 

deadlines since the Corps timeline can be affected by a number of factors outside its control such as the time it takes for 

other agencies to make decisions or for an applicant to provide the required information. The Corps also has OMBapproved performance metrics to ensure reviews and final actions are taken in a timely manner.

Funding and Review 

Timelines

Many commenters expressed concern regarding the time it takes to receive a permit decision. Some commenters 

requested that Section 214 of the Water Resources Development Act be extended permanently. Section 214 allows the 

Corps to accept funds from non-federal public entities to facilitate project application reviews. The law was set to expire 

in 2016. Others requested that anyone should have the ability to provide USACE with funds to facilitate project 

application reviews. Although only Congress determines the circumstances in which the Corps can accept funds, Section 

1006 of Water Resources Reform and Development Act was passed in June 2014 and eliminated the sunset date from the 

Section 214 authority for non-Federal public entities, and expands the authority to "public-utility companies" and "natural 

gas companies" for a period of 7 years. This provision also includes some other new requirements. The Corps is currently 

drafting implementation guidance for the field which is expected to be issued in the Summer/Fall of 2014.

DoD/

DARS

0750-

AH86

Forward Pricing 

Rate Proposal 

Adequacy 

Checklist 

(DFARS Case 

2012-D035)

This rule proposes to amend the 

Defense Federal Acquisition 

Regulation Supplement 

(DFARS) to provide guidance to 

contractors submitting a 

proposal to negotiate forward 

pricing rates.

1st quarter of 

FY2015

This proposed rule promotes

the increased use of Forward 

Pricing Rate Agreements 

(FPRAs) to reduce 

administrative costs, in 

accordance with DoD's Better 

Buying Power initiative, and to 

promote greater efficiency and 

productivity in the preparation

and review of FPRA proposals.

Published proposed 

DFARS rule in 

Federal Register on 

16 May 2013 (78 FR 

28790). Public 

comment period 

closed 15 July 2013.

Public comments 

under review for 

consideration in 

drafting final rule.

DoD/

DARS

0750-

AH94; 

0750-

2013-D005

2013-D025

2014-D004

These rules propose to amend 

the Defense Federal Acquisition 

Regulation Supplement 

1st quarter of 

FY2015

The public will benefit from 

these proposed revisions by 

making regulations easier to 

Proposed rules:

0750-AH94
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 5

AI19;

and, 

0750-

AI27

Clauses with 

Alternates

(DFARS) to create overarching 

prescriptions for various DFARS 

solicitation provisions and 

clauses and associated alternates 

to make solicitations and 

contract terms and conditions 

easier to read and understand.

understand and by facilitating 

the use of automated contract 

writing systems.

published 12 

February 2014 (79 

FR 8387) with 

comment period 

ending 14 April 

2014; 0750-AI19

published 28 

February 2014 (79 

FR 11381) with 

comment period 

ending 29 April 

2014; 0750-AI27

published 28 May 

2014 (79 FR 30535)

with comment 

period ending 28 

July 2014. Final 

rules are expected in 

the 1st quarter of FY 

2015.

DoD/

DARS

0750-

AI07

Storage, 

Treatment, and 

Disposal of Toxic 

or Hazardous 

Materials—

Statutory Update

(DFARS Case 

2013-D013)

This rule proposes to amend the 

Defense Federal Acquisition 

Regulations Supplement 

(DFARS) to clarify existing 

standards under 10 U.S.C. 2692, 

entitled Storage, treatment, and 

disposal of nondefense toxic and 

hazardous materials.

1st quarter of 

FY2015

The public will benefit from the 

regulation being updated to 

better align with statute. 

Furthermore, the proposed 

revisions will facilitate the use of 

automated contract writing 

systems. 

Proposed rule 

published in Federal 

Register on 29 

January 2014 (79 FR 

4648). Comment 

period ended 31 

March 2014. Final 

rule is being drafted. 

DoD/ 

DARS

0750-

AI34

State Sponsors of 

Terrorism 

(DFARS Case 

2014-D014)

The rule proposes to amend the 

Defense Federal Acquisition 

Regulation Supplement 

(DFARS) to clarify and relocate 

coverage relating to state 

4th quarter of 

FY2014

The public will benefit from a 

more streamlined DFARS. 

Proposed rule has 

been approved and 

is expected to 

publish in early 

September 2014. 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 6

sponsors of terrorism (as 

identified by the Department of 

State), add an explicit 

representation, and conform the 

terminology.

DoD/

OSD

0790-

AI24

DoD Freedom of 

Information Act 

(FOIA) Program 

Regulation

This rule provides guidance on 

the implementation of the 

Freedom of Information Act, as 

amended by the Electronic 

Freedom of Information Act 

Amendments of 1996. The 

amendments will ensure 

appropriate agency disclosure of 

information and offer 

consistency with the goals of 

section 552 of title 5, United 

States Code.

4th quarter of 

FY2014

The public will benefit from 

updated information that reflects 

changes within the Department.

A proposed rule 

published on 19 

December 2007 (72 

FR 71847 A second 

proposed rule is 

expected to publish 

at the end of July 

2014. 

DoD/

OSD

0790-

AI30

Defense Contract 

Management 

Agency (DCMA) 

Privacy Program

This part provides policies and 

procedures for the Defense 

Contract Management Agency's 

(DCMA) implementation of a 

privacy program under the 

Privacy Act of 1974, as 

amended. It is DCMA policy 

that individuals have a 

fundamental right to privacy and 

the expectation that this Agency, 

including contractors, will 

safeguard personally identifiable 

information (PII) it maintains to 

the maximum extent practicable. 

This part reinforces that policy 

and ensures that DCMA shall 

balance the right of the 

1st quarter of 

FY2015

The public will benefit from 

updated information that reflects 

changes within the Department.

A proposed rule 

published on 9 

October 2008 (73 

FR 59582). The next 

action will be 

another proposed 

rule. 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 7

individual to be protected against 

unwarranted invasions of 

personal privacy against agency 

need when setting any 

requirement to collect, maintain, 

use, and disseminate PII, 

ensuring that such activities are 

relevant and necessary to 

achieve a purpose required by 

statute, executive order, or 

regulation.

DoD/

 OSD

0790-

AI51

DoD Freedom of 

Information Act 

(FOIA) Program; 

Amendment 

The Department of Defense is 

proposing to update current 

policies and procedures to reflect 

the DoD Freedom of Information 

Act Program as prescribed by 

Executive Order 13392. The 

changes will ensure appropriate 

agency disclosure of information 

and offer consistency with the 

goals of section 552 of title 5, 

United States Code.

2nd quarter of 

FY2014

The public will benefit from 

updated information that reflects 

changes within the Department.

Proposed rule 

published 30 

September 2010 (75 

FR 60397). A final 

rule will publish 

once the DoD

Directive is signed. 

DoD/

 OSD

0790-

AI63

Alternative 

Dispute 

Resolution

This rule establishes policy and 

assigns responsibilities. It 

establishes a framework for 

encouraging the expanded use of 

alternative means of dispute 

resolution and conflict 

management practices as an 

integral part of normal business 

practices within the Department 

of Defense. Alternative dispute 

resolution is any procedure that 

is used to resolve issues in 

2nd quarter of 

FY2015

The public will benefit from 

updated information that reflects 

changes within the Department.

Proposed rule 

published 25 April 

2011 (76 FR 22848).

Comment period 

ended 24 June 2011 

and one comment 

was received. 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 8

controversy, including, but not 

limited to, conciliation, 

facilitation, mediation, fact 

finding, mini-trials, arbitration, 

and use of ombuds, or any 

combination thereof. The 

purpose of conflict management 

is to reduce the incidence of 

disputes and increase the 

likelihood that disputes that do 

arise may be resolved efficiently, 

effectively, and expeditiously.

DoD/

OSD

0790-

AI71

National Industrial 

Security Program 

(NISP): 

Procedures for 

Government 

Activities 

Relating to 

Foreign 

Ownership, 

Control or 

Influence (FOCI)

This rule provides NISP policy 

to the DoD and non-DoD entities 

and establishes procedures 

concerning the initial facility 

security clearance (FCL) 

eligibility of U.S. companies that 

may be subject to FOCI, or 

continued FCL eligibility for 

contractors subject to FOCI; 

provides criteria for determining 

whether contractors are under 

FOCI; prescribes responsibilities

in FOCI matters; and outlines 

security measures that may be 

considered to negate or mitigate 

the effects of FOCI to an 

acceptable level.

2nd quarter 

of FY2015.

Depending upon the nature and 

extent of Foreign Ownership, 

Control or Influence (FOCI), 

DoD mitigates FOCI by putting 

into place mechanisms such as a 

voting trust agreement (VT), 

proxy agreement (PA), special 

security agreement (SSA) or 

security control agreement 

(SCA). These arrangements 

require trustees, proxy holders or 

outside directors to oversee and 

provide business management of 

the U.S. contractor. The public 

will benefit from updated 

information that reflects changes 

in policy and procedures.

Interim final rule 

published 9 April 

2014 (79 FR 19467) 

with an immediate 

effective date. 

Comment period 

ended 9 June 2014. 

The rule is expected 

to be finalized in the 

second quarter of 

FY2015. 

DoD/

OSD

0790-

AI73

Withholding Of 

Unclassified 

Technical Data 

From Public 

Disclosure

This rule establishes policy and 

prescribes procedures for the 

dissemination and withholding 

of technical data. In accordance 

with 10 U.S.C. 140c, the 

1st quarter of 

FY2015

This rule provides guidance for 

consideration of national 

security concerns in the 

dissemination of scientific and 

technical information in the 

Revised rule has 

started the 

coordination process 

within the 

Department.
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 9

Secretary of Defense may 

withhold from public disclosure, 

notwithstanding any other 

provision of law, any technical 

data with military or space 

application in the possession of, 

or under the control of, the 

Department of Defense.

possession or under the control 

of the DoD in compliance with 

export control laws and 

regulations. Otherwise, there 

would be serious risk to the 

Department’s ability of 

maintaining a military advantage 

over potential adversaries and 

denying the spread of 

technologies used in developing 

weapons of mass destruction and 

advanced conventional weapons.

DoD/

OSD

0790-

AI75

Presentation Of 

DoD-Related 

Scientific And 

Technical Papers 

At Meetings

This rule amplifies policy and 

provides guidance for 

consideration of national 

security concerns in the 

dissemination of scientific and 

technical information in the 

possession or under the control 

of the Department of Defense at 

conferences and meetings. 

3rd quarter of 

FY2015

This rule provides guidance for 

consideration of national 

security concerns in the 

dissemination of scientific and 

technical information in the 

possession or under the control 

of the DoD at meetings and 

conferences. Otherwise, there 

would be serious risk to the 

Department’s ability of 

maintaining a military advantage 

over potential adversaries.

Revised rule has 

started the 

coordination process 

within the 

Department.

DoD/

 OSD

0790-

AI77

Provision Of 

Early 

Intervention And 

Special 

Education 

Services To 

Eligible DoD 

This rule provides early 

intervention services to infants 

and toddlers with disabilities 

(birth through 2 years, inclusive) 

and their families, and special

education and related services.

It provides a free, appropriate 

2nd quarter 

of FY2015

The provision of early 

intervention, special education, 

and related services is funded 

through Congressional 

appropriations to the DoD. This 

rule provides guidance 

concerning the non-funding 

Proposed rule 

published on 13 

December 2013 (78 

FR 75998). 

Comment period 

closed on 11 

February 2014. 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 10

Dependents public education including 

special education and related 

services for children with 

disabilities enrolled in the DoD 

school systems, as specified in 

their Individualized Educational 

Programs.

provisions of The Individuals 

with Disabilities Education Act 

(IDEA) that are applicable to the 

DoD.

Anticipate finalizing 

the rule in the 2nd

quarter of 2015. 

DoD/

OSD

0790-

AI84

National Defense 

Science And 

Engineering 

Graduate 

(NDSEG) 

Fellowships

This rule establishes guidelines 

for the award of National 

Defense Science and 

Engineering Graduate (NDSEG) 

Fellowships, as required by 10 

U.S.C. 2191.

3rd quarter of 

FY2015

This rule provides eligibility 

criteria and selection procedures 

for the NDSEG Fellowships.

Revised rule has 

started the 

coordination process 

within the 

Department.

DoD/ 

OSD

0790-

AI90

DoD Assistance 

to NonGovernment, 

EntertainmentOriented Media 

Productions

This rule establishes policy, 

assigns responsibilities, and 

prescribes procedures for DoD 

assistance to non-Government 

entertainment media productions 

such as feature motion pictures, 

episodic television programs, 

documentaries, and computerbased games. It provides 

substantially increased oversight 

of production support at a higher 

headquarters and DoD level. A 

number of important 

improvements in policy were 

made to ensure appropriate 

levels of approval, production 

support, and oversight.

4th quarter of 

FY2014

The public will benefit from 

updated information that reflects 

changes within the Department.

The proposed rule is 

with OMB for E.O. 

12866 review. See 

www.reginfo.gov. 

DoD/

OSD

0790-

AI92

Inspector 

General; Privacy 

Act; 

Implementation

This direct final rule makes 

nonsubstantive changes to the 

Office of Inspector General 

(OIG) Privacy Program rule. The 

4th quarter of 

FY2015

The public will benefit from 

updated information that reflects 

changes within the Department.
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 11

OIG is amending its regulation 

on the OIG Privacy Program to 

update the system name for the 

exemption for system identifier 

CIG 23.

DoD/ 

OSD

0790-

AJ00

Civilian 

Employment and 

Reemployment 

Rights of 

Applicants for, 

and Service 

Members and 

Former Service 

Members, of the 

Uniformed 

Services

Rule will revise 32 CFR part

104. The rule updates 

implementation policy, assigns 

responsibilities, and prescribes 

procedures for informing Service 

members who are covered by the 

provisions of 38 U.S.C chapter 

43 and individuals who apply for 

uniformed service, of their 

civilian employment and 

reemployment rights, benefits 

and obligations.

3rd quarter of 

FY2015

The public will benefit from 

updated information that reflects 

changes within the Department.

Proposed rule 

published on 28 July 

2014 (79 FR 43700). 

Comment period 

will end 26

September 2014. 

Any comments 

received will be 

addressed in the 

final rule. 

DoD/

OSD

0790-

AJ03

DoD Privacy 

Program

This rule updates the established 

policies and assigned 

responsibilities of the DoD 

Privacy Program pursuant to The 

Privacy Act and Office of 

Management and Budget (OMB) 

Circular No. A-130, authorizes 

the Defense Privacy Board and 

the Defense Data Integrity 

Board, authorizes this rule to 

provide guidance on The Privacy 

Act, prescribes uniform 

procedures for implementation 

of and compliance with the DoD 

4th quarter of 

FY2014

The public will benefit from 

updated information that reflects 

changes within the Department.

Proposed rule 

published on 22 

August 2013. 

Comment period 

ended 21 October 

2013. The final rule 

has been approved 

for publication and 

is expected to 

publish in August. 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 12

Privacy Program, and delegates 

authorities and responsibilities 

for the effective administration 

of the DoD Privacy Program.

This is the amendment rule that 

corresponds to DoD’s Privacy 

Program Directive.

DoD/

OSD

0790-

AJ04

Unlawful 

Discrimination 

(On the Basis of 

Race, Color, 

National Origin, 

or Age in 

Programs or 

Activities 

Receiving 

Federal Financial 

Assistance From 

the DoD) 

This part is composed of several 

subparts, each containing its own 

purpose. The purpose of the 

overall part is to establish and 

implement policy, assign 

responsibilities, and provide 

procedures to prevent unlawful 

discrimination on the basis of 

race, color, national origin, or 

age in programs or activities that 

receive Federal financial 

assistance from the DoD or a 

DoD Component. DoD is 

committed to maintaining a 

discrimination-free workplace.

2nd quarter of 

FY2015

The public will benefit from 

updated information that reflects 

changes to policy and procedures 

within the Department.

Rule is in internal 

coordination. 

DoD/ 

OSD

0790-

AJ05

End Use 

Certificates 

(EUCs)

Rule will revise 32 CFR part 

205. This rule establishes 

policies, assigns responsibilities, 

and prescribes procedures for 

signing End Use Certificates 

(EUCs) required by foreign 

governments for foreign defense 

items purchased by the United 

States. An EUC is a document 

signed by an authorized 

representative of the U.S. 

Government that identifies the 

3rd quarter of 

FY2015

The public will benefit from 

updated information that reflects 

changes to policy and procedures 

within the Department. 

Rule is in internal 

coordination. 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 13

end user of foreign products and 

may provide that the use or 

transfer of the foreign product is 

restricted.

DoD/

OSD

0790-

AJ07

Historical 

Research in the 

Files of the 

Office of the 

Secretary of 

Defense (OSD)

This rule updates and clarifies 

procedures regarding the use of 

technology, locations available 

for review, and accessibility to 

records and information in the 

custody of the Secretary of 

Defense and the OSD 

Components. The purpose of this 

rule is to provide guidance to 

former Cabinet level officials, 

former Presidential appointees 

(FPAs) to include their 

personnel, aides, and official 

researchers regarding access to 

information.

1st quarter of 

FY2015

The public will benefit from 

updated information that reflects 

changes to policy and procedures 

within the Department.

Proposed rule 

published on 8 May 

2014 (79 FR 26381). 

Comment period 

ended 7 July 2014. 

DoD received no 

public comments but 

received one 

comment from 

NARA which will 

be addressed in the 

final rule. The rule is 

expected to be 

finalized in the 2nd

quarter of FY2015. 

DoD/

OSD

0790-

AJ10

Enhancement of 

Protections on 

Consumer Credit 

for Members of 

the Armed Forces 

and Their 

Dependents

This rulemaking involves 

enhancement of protections on 

consumer credit for members of 

the Armed Forces and their 

dependents; the provision would 

also require the Secretary of 

Defense to develop a policy on 

the predatory extension of credit 

through installment loans that 

target members of the Armed 

Forces and their dependents. 

This ANPR requests input on the 

need to revise the DoD 

implementing regulation.

1st quarter of 

FY2015

An Advanced 

Notice of Proposed 

Rulemaking 

published on 17 

June 2013 (78 FR 

36134). The 

comment period 

ended 1 August 

2013. The proposed 

rule is with OMB 

for E.O. 12866 

review. See 

www.reginfo.gov.

DoD/ 0790- DoD Privacy This rule ensures that DoD’s 4thquarter of The public will benefit from The proposed rule is 
Department of Defense Retrospective Review Plan Report – July 14, 2014

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Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 14

OSD AJ20 Program need to collect, use, maintain, or 

disseminate personally 

identifiable information (PII) 

about individuals for purposes of 

discharging its statutory 

responsibilities will be balanced 

against their right to be protected 

against unwarranted privacy 

invasions. This rule also 

describes the rules of conduct 

and responsibilities of DoD 

personnel, DoD contractors, and 

DoD contractor personnel to 

ensure that any PII contained in 

a system of records that they 

access and use to conduct 

official business will be 

protected so that the security and 

confidentiality of the 

information is preserved. This is 

the amendment rule that 

corresponds to DoD’s Privacy 

Program Manual. 

FY2014 updated information that reflects 

changes to policy and procedures 

within the Department.

with OMB for 

interagency 

comments.

DoD/

OSD

Enforcement of 

State Traffic 

Laws on DoD 

Installations

This rule establishes policies for 

the enforcement, on DoD 

military installations, of those 

state vehicular and pedestrian 

traffic laws that cannot be 

assimilated under Title 18, 

U.S.C., section 13. 

3rd quarter of 

FY2015

The public will benefit from 

updated information that reflects 

changes to policy and procedures 

within the Department.

Revised rule has 

started the 

coordination process 

within the 

Department.
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

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OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 15

DoD/ 

OSD

Release of 

Official 

Information in 

Litigation and 

Testimony by 

DoD Personnel 

as Witnesses

The rule will revise 32 CFR part 

97 and establish policy, assign

responsibilities, and prescribe 

procedures for the release of 

official DoD information in 

litigation and for testimony by 

DoD personnel as witnesses 

during litigation.

4th quarter 

FY2015

The public will benefit from 

updated information that reflects 

changes policy and procedures 

within the Department. 

Rule is in the early 

stages of 

development. 

DoD/ 

OSD

Status of Forces 

Policies and 

Information

Rule will revise 32 CFR part 

151. The rule concerns DoD 

policy and procedures on trial by 

foreign courts and treatment in 

foreign prisons of U.S. military 

personnel, nationals of the U.S. 

serving with, employed by, or 

accompanying the Armed Forces 

of the United States, and the 

dependents of both (hereafter 

referred to as U.S. personnel); 

and provides uniform reporting 

on the exercise of foreign 

criminal jurisdiction.

4th quarter 

FY2015

The public will benefit from 

updated information that reflects 

changes to policy and procedures 

within the Department. 

Rule is in the early 

stages of 

development. 

DoD/ 

OSD

Assignment of 

American 

National Red 

Cross and United 

Service 

Organizations, 

INC, Employees 

to Duty With the 

Military Services

Rule will remove 32 CFR part

253 as this information will be 

included in the revision of 32 

CFR part 154. This will 

consolidate and provide 

information in a single 

regulation. 

4th quarter 

FY2015.

The public will benefit from 

updated and consolidated 

regulations. 

Rule will remove 32 

CFR part 253 from 

the CFR upon the 

revision of 32 CFR 

part 154. 

DoD/ 

OSD

Nondiscrimination

on the Basis of 

Handicap in 

Rule will revise 32 CFR part 56. 

The rule implements executive, 

legislative, and DoD policy 

4th quarter 

FY2015.

The public will benefit from 

updated information that reflects 

changes to policy and procedures 

Rule is in the early 

stages of 

development.
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

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OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 16

Programs and 

Activities 

Assisted or 

Conducted by the 

DoD

requirements to prohibit 

discrimination based on 

handicap in programs and 

activities receiving Federal 

financial assistance disbursed by 

the DoD and in programs and 

activities conducted by the DoD.

within the Department.

DoD/ 

OSD

DoD Civilian 

Equal 

Employment 

Opportunity 

Program

Rule will revise 32 CFR part 

191. The rule establishes the 

DoD Civilian Equal Employment Opportunity (EEO) 

Program, to include affirmative 

action programs, consistent with 

guidance from the Equal 

Employment Opportunity 

Commission (EEOC), Office of 

Personnel Management (OPM), 

and the DoD Human Goals --

Charter.

4th quarter of 

FY2015.

The public will benefit from 

updated information that reflects 

changes in policy and procedures 

within the Department.

Rule is in the early 

stages of 

development.

DoD/ 

OSD

Nondiscrimination

in Federally 

Assisted 

Programs

Rule will revise 32 CFR parts 

195 & 196. The purpose of the 

rule is to effectuate the 

provisions of Title VI of the 

Civil Rights Act of 1964 

(referred to in this part as the 

“Act”) to the end that no person 

in the United States shall, on the 

ground of race, color, or national 

origin, be excluded from 

participation in, be denied the 

benefits of, or be otherwise 

4th quarter of 

FY2015. 

The public will benefit from 

updated information that reflects 

changes within the Department.

Rule is in the early 

stages of 

development. 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 17

subjected to discrimination 

under any program or activity 

receiving Federal financial 

assistance from any component 

of the Department of Defense.

DoD/

Air 

Force

0701-

AA76

Air Force 

Freedom of 

Information Act 

Program

The Department of the Air Force 

is amending its rules to update 

the transfer of responsibility for 

the Air Force Freedom of 

Information Act (FOIA) 

Program from Headquarters 

United States Air Force (HQ 

USAF/SC) and Headquarters Air 

Force Communications and 

Information Center/Corporate 

Information Division (HQ 

AFCIC/ITC) to the Office of the 

Secretary of the Air Force, 

Chief, Information 

Dominance/Chief Information 

Officer (SAF/A6); eliminates 

strictly internal Air Force 

administrative instructions; 

restates Air Force specific 

procedures; adds Air Force 

specific procedures to Air Force 

created Consultations; and 

addresses electronic reading 

room records in greater detail.

Pending

The public will benefit from 

updated information that reflects 

changes to policy and procedures 

within the Department.

This rule has been 

placed on hold.

DoD/

Air 

Force

0701-

AA77

Air Force Privacy 

Act Program

The Department of the Air Force 

is amending its rules to update 

the transfer of responsibility for 

Pending

The public will benefit from 

updated information that reflects 

changes to policy and procedures 

This rule has been 

placed on hold. 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 18

the Air Force Freedom of 

Information Act (FOIA) 

Program from Headquarters 

United States Air Force (HQ 

USAF/SC) and Headquarters Air 

Force Communications and 

Information Center/Corporate 

Information Division (HQ 

AFCIC/ITC) to the Office of the 

Secretary of the Air Force, 

Chief, Information 

Dominance/Chief Information 

Officer (SAF/A6); eliminates 

strictly internal Air Force 

administrative instructions; 

restates Air Force specific 

procedures.

within the Department.

DoD/

Navy

0703-

AA87

United States 

Navy Regulations 

and Official 

Records

The rule is primarily for the 

purpose of updating the CFR 

part to reflect changes within the 

Office of the Secretary of the 

Navy and other administrative 

edits. The changes to several 

sub-parts are primarily for 

informational purposes.

Pending

The public will benefit from 

updated information that reflects 

changes to policy and procedures 

within the Department. 

This rule has been 

placed on hold.

DoD / 

Navy

0703-

AA90

Permit 

Application 

Procedures for 

Archaeological 

Research and 

Enforcement 

Procedures of the 

Sunken Military 

Craft

This rule is a revision of the 

current 32 CFR part 767. The

rule establishes a single 

permitting process for members 

of the public wishing to engage 

in activities on Department of 

Navy sunken and terrestrial 

military craft. The rule also 

incorporates provisions for a 

1st quarter of 

FY2015

The rule provides an avenue for 

the public to access sites that are 

otherwise restricted from 

disturbance by the SMCA. Such 

access will allow research that 

can bring to light new 

information about the nation's 

maritime heritage and increase 

public knowledge of the US 

Proposed rule 

published 6 Jan 

2014 (79 FR 620). 

The comment period 

ended 7 March 

2014. Anticipate 

final rule completion 

FY2015.
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 19

Act on Sunken 

Military Craft 

Under the 

Jurisdiction of 

the Department 

of the Navy

special-use permit to be issued in 

the case of minimally intrusive 

operations such as sample 

collection or remotely-operated 

vehicle documentation of 

historic sites. Also the rule 

outlines penalties and 

enforcement procedures.

Navy's history and service.

DoD/

Navy

0703-

AA91

Unofficial Use of 

the Seal, 

Emblem, Names, 

or Initials of the 

Marine Corps

This regulation will be revised to 

reconcile it with the recent 

statutory authority, delegations, 

and the conduct and activities of 

the Trademark Licensing Office.

Pending

The public will benefit from the 

regulation being updated to 

reconcile recent changes in law 

and activities of the TMLO. 

This rule has been 

placed on hold.

DoD/ 

Navy

0703-

AA92

Professional 

Conduct of 

Attorneys 

Practicing Under 

the Cognizance 

and Supervision 

of the Judge 

Advocate 

General

This rule serves as an update to 

the current 32 CFR Part 776 and 

replaces current regulations. It 

revises the Rules of Professional 

Conduct and procedures for 

receiving, processing, and taking 

action on complaints of 

professional misconduct made 

against attorneys practicing 

under the supervision of the 

Judge Advocate General of the 

Navy (JAG).

2nd quarter 

of FY2015

The revision generally aligns 

with the American Bar 

Association Model Rules of 

Professional Conduct

Proposed rule 

published 1 May 

2013 (78 FR 25538). 

The comment period 

ended 1 July 2013. 

Anticipate final rule 

completion FY2015. 

E.O. 13659 – Streamlining the Export/Import Process for America's Businesses

DoD has conducted a 

preliminary analysis and has not 

identified specific regulations, 

policies, information collection 

requests, or guidance that can be 

revised, modified, or streamlined 

to eliminate unnecessary 

duplication or inefficiencies.
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 20

DoD will continue to analyze for 

future improvements. 

E.O. 13604 – Improving Performance of Federal Permitting and Review of Infrastructure Projects

DoD has conducted a 

preliminary analysis and has not 

identified specific regulations, 

policies, or guidance that can be 

revised, modified, or streamlined 

to eliminate unnecessary 

duplication or inefficiencies in 

the permitting process, and 

facilitate greater synchronization 

of permits and reviews. DoD 

will continue to analyze for 

future improvements.

Completed Actions

DoD/

OSD

0790-

AJ06

Voluntary 

Education 

Programs

In this rule, DoD established

policy, responsibilities, and 

procedures for the operation of 

voluntary education programs 

within DoD. New criteria were

created to strengthen existing 

procedures for access to military 

installations by educational 

institutions. The DoD 

Postsecondary Education 

Complaint System was 

implemented for 

servicemembers, spouses, and 

adult family members to register 

student complaints. The Military 

Departments were authorized to 

14 July 2014

Final rule published 

on 15 May 2014 (79 

FR 27732). The rule 

became effective 14 

July 2014. 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 21

establish service-specific TA 

eligibility criteria and 

management controls.

DoD/

 OSD

0790-

AI87

Defense Logistics 

Agency Freedom 

of Information 

Act Program

The Defense Logistics Agency 

(DLA) revised and updated its 

existing rule implementing 32 

CFR part 286, Department of 

Defense Freedom of Information 

Act Program. This rule 

implemented changes to 

conform to the requirements of 

the Electronic Freedom of 

Information Act Amendments of 

1996, Public Law 104-231, and

the OPEN Government Act of 

2007, Public Law 110–175. In 

addition, part 1285 was

redesignated as part 300.

27 June 2014

The public benefits from updated 

information that reflects changes 

within the Department.

Final rule published 

on 28 May 2014 (79 

FR 30463). The rule 

became effective 27 

June 2014. 

DoD/

DARS

0750-

AI18

Photovoltaic 

Devices (DFARS 

Case 2014-D006)

This rule amended the DFARS 

to clarify the implementation of 

section 846 of the National 

Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 

2011 regarding interpretation of 

the substantial transformation 

test for photovoltaic devices.

21 April 

2014

DoD published a final rule 

implementing section 846 in 

May 2011. In response to public 

comments and questions, DoD 

issued this clarification to 

preclude unintended confusion 

in the marketplace, the potential 

for non-compliance with section 

846, and to ensure the proper 

and appropriate application of 

international trade rules.

Final rule published 

in Federal Register 

on 21 April 2014 

(79 FR 22041). 

Effective on 

publication. 

DoD/

DARS

0750-

AH90; 

0750-

AI02; 

0750-

2012-D057

2013-D026

2013-D004

2013-D014

These rules amended the 

Defense Federal Acquisition 

Regulation Supplement 

(DFARS) to create overarching 

prescriptions for various DFARS 

21 April 

2014

and

28 March 

2014

The public benefits from these 

revisions by making regulations 

easier to understand and by 

facilitating the use of automated 

contract writing systems.

Final rules: 

0750-AH90 

published on 21 

April 2014 (79 FR 

22036); 0750-AI02 
Department of Defense Retrospective Review Plan Report – July 14, 2014

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Subagency

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Control

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Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 22

AH95; 

and, 

0750-

AI10

Clauses with 

Alternates

solicitation provisions and 

clauses and associated alternates 

to make solicitations and 

contract terms and conditions 

easier to read and understand.

published on 21 

April 2014 (79 FR 

22042); 0750-AH95 

published on 28 

March 2014 (79 FR 

17448); 0750-AI10 

published 28 March 

2014 (79 FR 17447).

All were effective 

upon publication.. 

DoD/ 

OSD

0790-

AI42

Personnel 

Security Program

Rule revised 32 CFR part 154.

This part updated policies and 

responsibilities for the 

Department of Defense (DoD) 

Personnel Security Program in 

accordance with the provisions 

of current U.S. Code, public 

laws, and executive orders. This 

includes investigative and 

adjudicative policy for 

determining eligibility to hold a 

national security position. This 

rule also established

investigative and adjudicative 

policy for the Department's 

personal identity verification 

(PIV) credential. 

1 May 2014 

The public benefits from updated 

information that reflects changes 

within the Department.

Final rule published 

on 1 April 2014 (79 

FR 18161). The rule 

became effective 1 

May 2014. 

DoD/

DARS

0750-

AH54

PerformanceBased Payments 

(DFARS Case 

2011-D045)

This rule amended the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to provide 

detailed guidance and 

31 March 

2014

The PBP analysis tool benefits

both industry (prime and 

subcontractor level) and the 

taxpayer because the PBP tool 

Final rule published 

in Federal Register 

on 31 March 2014 

(79 FR 17931). 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

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OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 23

instructions on the use of the 

Performance Based Payments 

(PBP) Analysis Tool. The PBP

analysis tool is a cash-flow 

model for evaluating alternative 

financing arrangements, and is 

required to be used by all 

contracting officers 

contemplating the use of PBPs 

on new fixed-price type contract 

awards.

calculates improved financing

opportunities and helps ensure 

that performance-based 

payments never exceed total cost 

incurred at any point during the 

contract.

Effective upon 

publication. 

DoD/

DARS

0750-

AG47

Safeguarding 

Unclassified 

Controlled 

Technical

Information 

(DFARS Case 

2011-D039)

This rule amended the Defense 

Federal Acquisition Regulation 

Supplement (DFARS), as 

specified in Executive Order 

13556, Controlled

Unclassified Information, to 

address requirements for the 

safeguarding of unclassified 

controlled technical information 

within contractor information 

systems. Provided standards 

and structures for the 

safeguarding of unclassified 

controlled technical information 

and reporting the compromise of 

unclassified controlled technical 

information.

18 November 

2013

This rule improved national 

security by implementing 

safeguards that strengthen 

information security controls to 

unclassified controlled technical 

information within contractor 

information systems from 

unauthorized access and 

disclosure. This rule benefits 

both the Government and 

contractors.

Published final 

DFARS rule in 

Federal Register on 

18 November 2013 

(78 FR 69273). 

Effective upon 

publication. 

DoD/

DARS

0750-

AI03

Approval of 

Rental Waiver 

Requests 

(DFARS Case 

2013-D006)

This rule amended the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to remove 

the Director of Defense Security 

Cooperation Agency (DSCA) 

from the approval process for 

31 October 

2013

This rule streamlined the 

approval process for waiver or 

reduction of charges. This new 

improved process removes a low 

risk review and approval step, 

which expedites contracting 

Published final 

DFARS rule in 

Federal Register on 

31 October 2013 (78 

FR 65219). 

Effective upon 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 24

waiver or reduction of charges. officers’ approval of requests for 

waiver or reduction of rental 

charges for the use of 

Government property on work 

for foreign governments or 

international organizations.

publication. 

DoD/

Army

Indebtedness of 

Military 

Personnel

This rule removed 32 CFR Part 

513, Indebtedness of Military 

Personnel, published in the 

Federal Register, March 3, 1986 

(51 FR 7268). The rule was

removed because it was obsolete 

and no longer governed policies 

and procedures for handling debt 

claims against soldiers. Rules in 

the Army Regulation were

superseded by Department of 

Defense (DoD) policy and 

guidance covered in DoD 

Instruction 1344.09, 

“Indebtedness of Military 

Personnel,” and codified at 32 

CFR Part 112, and DoD 

Financial Management Review 

(FMR), Volume 7a, “Stoppages 

and Collections.” Program 

responsibility was transferred to 

the Defense Finance and 

Accounting Services (DFAS), 

which directs all policy for 

personnel finances across the 

services. Title 32 CFR part 513, 

therefore, was obsolete.

22 July 2013

The public benefits from updated 

information that reflects changes 

to policy and procedures within 

the Department. 

Final rule published 

22 July 2013 

(Document Number 

2013-17490) with an 

immediate effective 

date. 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

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OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 25

DoD/

OSD

0790-

AI88

Shelter For The 

Homeless 

Program

This rule established DoD policy 

for the Department of Defense 

Shelter for the Homeless 

Program. The Secretary of a 

Military Department, or 

designee, may make military 

installations under his or her 

jurisdiction available for the 

furnishing of shelter to persons 

without adequate shelter if he or 

she, or designee, determines that 

such shelter will not interfere 

with military preparedness or 

ongoing military functions.

19 June 2013

There is no cost to the public. 

The costs to the DoD for 

implementation of the authorities 

under this rule will include the 

administrative costs to process a 

request and the cost of the 

services provided for the 

furnishing of a shelter.

Direct final rule 

published on 10 

April 2013 (78 FR 

21256). Public 

comment period 

ended on 10 June

2013. The rule 

became effective 19 

June 2013. 

DoD/ 

DARS

0750-

AH70

Defense Trade 

Cooperation 

Treaty With 

Australia and the 

United Kingdom 

(DFARS Case 

2012-D034)

This rule amended the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) Part 225 

to implement requirements of the 

Defense Trade Cooperation 

Treaty with the United Kingdom 

(the Treaty) and the Security 

Cooperation Act of 2010 

regarding export control 

regulations between the United 

States and the United Kingdom. 

The rule streamlined the export 

control regulations between the 

United States and the United 

Kingdom under specified 

circumstances.

17 June 2013

This rule significantly 

streamlined and reduced

paperwork requirements between 

the United States and the United 

Kingdom under the system set 

forth in the Defense Trade 

Cooperation Treaty by no longer 

requiring individual export 

control licenses within the 

Approved Community. Small 

businesses that are exporters 

benefit from being able to use 

the streamlined treaty process to 

make exports that are associated 

with responding to DoD 

solicitations and performance of 

DoD contracts.

Published final 

DFARS rule in 

Federal Register on 

17 June 2013 (78 FR 

36108). Effective 

upon publication. 

DoD/ 

OSD

0790-

AI86

Defense Logistics 

Agency Privacy 

Program

This rule amended DLA’s

privacy program regulation due 

to the reorganization of the 

3 June 2013

This regulatory action imposed

no monetary costs to the Agency 

or public. The benefit to the 

Proposed rule 

published 6 August 

2012 (77 FR 46653). 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 26

privacy office under the DLA 

General Counsel. 

Responsibilities were updated to 

reflect the reorganization and the 

adoption of current DoD-wide 

privacy guidance that includes 

collecting personal information, 

access by individuals, 

publication requirements, 

reports, inspections, matching 

program procedures, and 

enforcement actions. 

public is the accurate reflection 

of the Agency’s Privacy 

Program to ensure that policies 

and procedures are known to the 

public.

Comment period 

ended 5 October 

2012. Final rule 

published 3 May 

2013 (77 FR 25853) 

with an effective 

date of 3 June 2013. 

DoD/

DARS

0750-

AH87

System for 

Award 

Management 

Name Changes, 

Phase 1 

Implementation 

(DFARS Case 

2012-D053)

This rule amended the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to reflect 

the combining of multiple 

acquisition databases, such as 

the Central Contractor 

Registration (CCR), Online 

Representations and 

Certification Application 

(ORCA), and the Excluded 

Parties Listing System (EPLS) 

databases into the System for 

Award Management (SAM) 

database.

16 May 2013

The joining of multiple 

acquisition databases into one 

centralized System for Award 

Management (SAM) saves 

money by consolidating the 

system hosting into one location 

by creating efficiencies and 

reducing redundant data for the 

acquisition community. 

Published final 

DFARS rule in 

Federal Register on 

16 May 2013 (78 FR 

28756). Effective 

upon publication.

DoD/

OSD

0790-

AI54

Defense Support 

of Civilian Law 

Enforcement 

Agencies

This rule provided specific 

policy direction and assigned

responsibilities with respect to 

DoD support provided to 

Federal, State, and local civilian 

law enforcement agencies, 

including responses to civil 

disturbances. The primary 

13 May 2013

The DoD provides support to 

civilian law enforcement entities 

on either a reimbursable or nonreimbursable basis depending on 

the authority under which the 

support is provided. State and 

local civilian law enforcement 

agencies benefit from DoD’s

Proposed rule 

published 28 

December 2010 (75 

FR 81547). Final 

rule published 12 

April 2013 (78 FR 

21826) with an 

effective date of 13 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 27

restriction on DoD participation 

in civilian law enforcement 

activities is the Posse Comitatus 

Act. In accordance with that Act,

this rule described in detail the 

assistance that DoD may and 

may not provide civilian law 

enforcement agencies.

substantial capabilities. 

Additionally, this rule provides 

details on assistance that DoD 

may not provide to civilian law 

enforcement agencies.

May 2013. 

DoD/

COE

0710-

AA66

Civil Monetary 

Penalty Inflation 

Adjustment

This rule fulfilled the 

requirements of the Federal Civil 

Penalties Inflation Adjustment 

Act of 1990, as amended, which 

requires agencies to periodically 

adjust their civil penalties to 

account for inflation to maintain 

their deterrent effects.

29 March 

2013

Improving compliance with 

permit conditions and better 

environmental protection, by 

maintaining the deterrent effects 

of those civil penalties.

Final rule published 

28 January 2013 (78 

FR 5722) with an 

effective date of 29 

March 2013. 

DoD/

COE

0710-

AA60

Nationwide 

Permit Program

The Corps revised its 

Nationwide Permit Program 

regulations at 33 CFR Part 330 

to address changes in regulatory 

procedures and policy that have 

occurred since those regulations 

were last revised in 1991. The 

Corps revised the regulation to 

increase the pre-construction 

notification review period to 45 

days, to be consistent with the 

current nationwide permits. The 

Corps also amended the 

regulation to allow district 

engineers to issue verification 

letters that can have the same 

expiration date as the nationwide 

permit. 

27 February 

2013

The effort will reduce burdens 

on permitees by clarifying that 

only one NWP verification is 

needed every five years. Also 

provides simplicity and clarity to 

the regulated public.

Final rule published 

28 January 2013 (78 

FR 5726) with an 

effective date of 27 

February 2013.
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 28

DoD/

DARS

0750-

AH11

Only One Offer 

(DFARS Case 

2011-D013)

This rule amended the Defense 

Federal Acquisition Regulation 

Supplement to address 

acquisitions in which only one 

offer is received. The rule 

affected only those small entities 

that respond to a Federal 

competitive solicitation and no 

other offer is received. 

29 June 2012

Some savings should accrue to 

the Government in achieving 

better prices.

There is no significant economic 

impact on small entities. The 

impact of this rule on small 

business is expected to be 

predominantly positive, by 

allowing more opportunity for 

competition.

Published final 

DFARS rule in 

Federal Register on 

29 June 2012 (77 FR 

39126). Effective 

upon publication. 

DoD/ 

DARS

0750-

AH19

Accelerated 

Payments to 

Small Business 

(DFARS Case 

2011-D008)

This rule revised the Defense 

Federal Acquisition Regulation 

Supplement to allow for 

accelerated payments to all small 

business concerns. 

18 November 

2011

The rule accompanied upgrades 

to defense entitlements and 

payment systems, which reduced 

payment lead times for small 

businesses and improved cash 

flow to small businesses. 

Published final 

DFARS rule in 

Federal Register on 

November 18, 2011 

(76 FR 71468). 

Effective upon 

publication. 

DoD/ 

DARS

0750-

AG62

Patents, Data, 

and Copyrights 

(DFARS Case 

2010-D001)

This rule revised the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) part 227 

to update and streamline the 

regulations relating to patents, 

data, and copyrights. Because 

the rule updated and clarified

DFARS text, but made no 

significant change to DoD policy 

regarding patents, data, and 

copyrights, any economic impact 

was expected to be minimal.

None. This rule has been 

closed. 

DoD/

OSD

0790-

AI80

National 

Industrial 

Security 

Program: 

Industrial 

This part is composed of several 

volumes, each containing its 

own purpose. The purpose of the 

overall part is to implement 

policy, assign responsibilities, 

Withdrawn

This rule has been 

combined with 

0790-AI71 and, 

therefore, is 

withdrawn. 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 29

Security 

Procedures for 

Government 

Activities

establish requirements, and 

provide procedures for the 

protection of classified 

information that is disclosed to, 

or developed by contractors, 

licensees, and grantees of the 

U.S. Government (USG). 
Department of Defense Retrospective Review Plan Report – July 14, 2014

Agency/

Subagency

RIN

OMB

Control

Number

Title Of Initiative/

Rule/ICR Brief Description

Actual or 

Target 

Completion 

Date

Anticipated savings in costs &/or 

burdens, & anticipated changes in 

benefits

Progress updates and 

anticipated 

accomplishments

Notes

page 30

Paperwork Reduction Act – Burden Reduction Initiative

Agency/

Subagency

RIN/OMB 

Control 

Number

Title of Initiative/ 

Rule/ICR Brief Description

Anticipated savings 

and/or information 

collection burdens, and 

any anticipated changes 

in benefits 

Progress and 

Anticipated 

Accomplishment

Notes

DoD/ 

Air 

Force

0701-0078;

0701-0079;

0701-0080;

0701-0096;

0701-0134

Personal Interview –

USAF Health Professions 

Applicant; 

Personal Interview 

Record, Financial Status 

of Applicant;

Request for Evaluation &

Information; Air Force 

Officer Training School 

(OTS) Accession Forms; 

Application for 

Appointment as Reserve 

of the Air Force 

Without Component; & 

Request for Approval of 

Foreign Government 

Employment 

of Air Force Members

The Air Force Education and Training 

Command (AETC) Information 

Collection Report Manager and Air 

Force Personnel Center Forms Manager 

are working to reduce and consolidate 

accession and recruiting forms. AETC's 

mission begins with the Air Force 

Recruiting Service (AFRS). Recruiters 

in more than 1,000 offices worldwide 

recruit the young men and women 

needed as both enlisted airmen and 

commissioned officers to meet the 

demands of the U.S. Air Force. Current 

forms will be linked to the Air Force 

Recruiting System and pre-populated 

from information stored within the 

system. The pre-population of forms 

will reduce the burden on applicants. 

Applicants will no longer have to 

provide information on multiple forms 

but will be asked to certify that prepopulated information is correct.

$490,206.00 in 

cost savings to 

applicants due to forms 

automation and the 

pre-population of 

information. 

73,381 hours burden 

reduction for 

applicants. 

120,240 individuals 

benefit

0701-0150 

reinstated 

08 July 2014

0701-0134

Anticipated 

completion:

01 Sep 2014

A reinstatement of Air Force 

Collection 0701-0150, “Air 

Force Recruiting Information 

Support System - Total Forces 

(AFRISS-TF)” was approved 

08 July 2014. The reinstatement included the collections of 

information previously 

approved under OMB Control 

Numbers 0701-0078, 0701-

0079, 0701-0080, and 0701-

0096. The collection of 

information previously 

approved under OMB Control 

Number 0701-0134 will be 

reinstated under a separate 

collection.