DEPARTMENT OF DEFENSE 

32 CFR Chs. I, V, VI, and VII 

33 CFR Ch. II 

36 CFR Ch. III 

48 CFR Ch. II 

Improving Government Regulations; Unified Agenda of Federal Regulatory and Deregulatory 

Actions 

AGENCY: Department of Defense (DoD). 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Department of Defense (DoD) is publishing this semiannual agenda of regulatory 

documents, including those that are procurement-related, for public information and comments under 

Executive Order 12866 "Regulatory Planning and Review." This agenda incorporates the objective and 

criteria, when applicable, of the regulatory reform program under the Executive Order and other 

regulatory guidance. It contains DoD issuances initiated by DoD components that may have economic 

and environmental impact on State, local, or tribal interests under the criteria of Executive Order 12866. 

Although most DoD issuances listed in the agenda are of limited public impact, their nature may be of 

public interest and, therefore, are published to provide notice of rulemaking and an opportunity for public 

participation in the internal DoD rulemaking process. Members of the public may submit comments on 

individual proposed and interim final rulemakings at www.regulations.gov during the comment period 

that follows publication in the Federal Register. 

 This agenda updates the report published on January 20, 2012, and includes regulations expected to 

be issued and under review over the next 12 months. The next agenda is scheduled to be published in 

the spring of 2013. In addition to this agenda, DoD components also publish rulemaking notices 

pertaining to their specific statutory administration requirements as required. 
 Starting with the fall 2007 edition, the Internet became the basic means for disseminating the Unified 

Agenda. The complete Unified Agenda will be available online at www.reginfo.gov, in a format that 

offers users the ability to obtain information from the Agenda database. 

 Because publication in the Federal Register is mandated for the regulatory flexibility agendas 

required by the Regulatory Flexibility Act (5 U.S.C. 602), the Department of Defense’s printed agenda 

entries include only: 

(1) rules that are in the Agency’s regulatory flexibility agenda, in accordance with the Regulatory 

Flexibility Act, because they are likely to have a significant economic impact on a substantial number 

of small entities; and 

(2) any rules that the Agency has identified for periodic review under section 610 of the Regulatory 

Flexibility Act. 

 Printing of these entries is limited to fields that contain information required by the Regulatory 

Flexibility Act’s agenda requirements. Additional information on these entries is in the Unified Agenda 

available online. 

FOR FURTHER INFORMATION CONTACT: For information concerning the overall DoD regulatory 

improvement program and for general semiannual agenda information, contact Ms. Patricia Toppings, 

telephone 571-372-0485, or write to Executive Services Directorate, Washington Headquarters Services, 

1155 Defense Pentagon, Washington, DC 20301-1155, or email: patricia.toppings@whs.mil. 

 For questions of a legal nature concerning the agenda and its statutory requirements or obligations, 

write to Office of the General Counsel, 1600 Defense Pentagon, Washington, DC 20301-1600, or call 

703-697-2714. 

 For general information on Office of the Secretary regulations, other than those which are 

procurement-related, contact Ms. Morgan Park, telephone 571-372-0489, or write to Executive Services 

Directorate, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155, 

or email: morgan.park@whs.mil. 
 For general information on Office of the Secretary agenda items, which are procurement-related, 

contact Mr. Manuel Quinones, telephone 571-372-6088 or write to Defense Acquisition Regulations 

Directorate, 4800 Mark Center Drive, Suite 15D07-2, Alexandria, VA 22350, or email: 

manuel.quinones@osd.mil. 

 For general information on Department of the Army regulations, contact Ms. Brenda Bowen, telephone 

703-428-6173, or write to the U.S. Army Records Management and Declassification Agency, ATTN: 

AAHS-RDR-C, Casey Building, Room 102, 7701 Telegraph Road, Alexandria, VA 22315-3860, or e-mail: 

brenda.s.bowen.civ@mail.mil. 

 For general information on the U.S. Army Corps of Engineers regulations, contact Mr. Chip Smith, 

telephone 703-693-3644, or write to Office of the Deputy Assistant Secretary of the Army (Policy and 

Legislation), 108 Army Pentagon, Room 2E569, Washington, DC 20310-0108, or email: 

chip.smith@hqda.army.mil. 

 For general information on Department of the Navy regulations, contact LCDR Catherine Chiapetta, 

telephone 703-614-7408, or write to Department of the Navy, Office of the Judge Advocate General, 

Administrative Law Division (Code 13), Washington Navy Yard, 1322 Patterson Avenue SE., Suite 3000, 

Washington, DC 20374-5066, or email: catherine.chiapetta@navy.mil. 

 For general information on Department of the Air Force regulations, contact Bao-Anh Trinh, telephone 

703-695-6608/6605, or write to Department of the Air Force, SAF/A6PP, 1800 Air Force Pentagon, 

Washington, DC 20330-1800, or email: bao-anh.trinh@pentagon.af.mil. 

 For specific agenda items, contact the appropriate individual indicated in each DoD component report. 

SUPPLEMENTARY INFORMATION: This edition of the Unified Agenda of Federal Regulatory and 

Deregulatory Actions is composed of the regulatory status reports, including procurement-related 

regulatory status reports, from the Office of the Secretary of Defense (OSD) and the Departments of the 

Army and Navy. Included also is the regulatory status report from the U.S. Army Corps of Engineers, 

whose civil works functions fall under the reporting requirements of Executive Order 12866 and involve 

water resource projects and regulation of activities in waters of the United States. 
 DoD issuances range from DoD directives (reflecting departmental policy) to implementing instructions 

and regulations (largely internal and used to implement directives). The OSD agenda section contains the 

primary directives under which DoD components promulgate their implementing regulations. 

 In addition, this agenda, although published under the reporting requirements of Executive Order 

12866, continues to be the DoD single-source reporting vehicle, which identifies issuances that are 

currently applicable under the various regulatory reform programs in progress. Therefore, DoD 

components will identify those rules which come under the criteria of the: 

a. Regulatory Flexibility Act; 

b. Paperwork Reduction Act of 1995; 

c. Unfunded Mandates Reform Act of 1995. 

Those DoD issuances, which are directly applicable under these statutes, will be identified in the agenda 

and their action status indicated. Generally, the regulatory status reports in this agenda will contain five 

sections: (1) Prerule stage; (2) proposed rule stage; (3) final rule stage; (4) completed actions; and (5) 

long-term actions. Where certain regulatory actions indicate that small entities are affected, the effect on 

these entities may not necessarily have significant economic impact on a substantial number of these 

entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601(6)). 

 Although not a regulatory agency, DoD will continue to participate in regulatory initiatives designed to 

reduce economic costs and unnecessary burdens upon the public. Comments and recommendations are 

invited on the rules reported and should be addressed to the DoD component representatives identified in 

the regulatory status reports. Although sensitive to the needs of the public, as well as regulatory reform, 

DoD reserves the right to exercise the exemptions and flexibility permitted in its rulemaking process in 

order to proceed with its overall defense-oriented mission. The publishing of this agenda does not waive 

the applicability of the military affairs exemption in section 553 of title 5 U.S.C. and section 3 of Executive 

Order 12866. 
Dated: October 17, 2012 

NAME: Michael L. Rhodes, 

Director, Administration and Management. 
The 146 Regulatory Agendas

Department of the Army - Proposed Rule

Title

Regulation 

Identifier 

Number

Military Police Law Enforcement Reporting and Operations 0702-AA62

Army National Cemeteries 0702-AA63

Department of the Navy - Proposed Rule

Title

Regulation 

Identifier 

Number

United States Navy Regulations and Official Records 0703-AA87

Permit Application Procedures for Archaeological Research and Enforcement Procedures of the Sunken Military Craft

Act on Sunken Military Craft Under the Jurisdiction of the Department of the Navy 0703-AA90

Unofficial Use of the Seal, Emblem, Names, or Initials of the Marine Corps 0703-AA91

Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General 0703-AA92

Department of the Navy - Final Rule

Title

Regulation 

Identifier 

Number

Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General 0703-AA88

U.S. Army Corps of Engineers - Proposed Rule

Title

Regulation 

Identifier 

Number

Civil Monetary Penalty Inflation Adjustment Rule 0710-AA66

U.S. Army Corps of Engineers - Final Rule

Title

Regulation 

Identifier 

Number

Nationwide Permit Program Regulations 0710-AA60

U.S. Army Corps of Engineers - Completed Action

Title

Regulation 

Identifier 

Number

Continuing Contract for Civil Works Project Managed by the United States Army Corps of Engineers Clauses 0710-AA69

Procedures for Implementing the National Environmental Policy Act 0710-AA70

Issuing and Reissuing Nationwide Permits 0710-AA71

Office of Assistant Secretary for Health Affairs - Proposed Rule

Title

Regulation 

Identifier 

Number

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); TRICARE Reserve Select for Members of

the Selected Reserve 0720-AB15

TRICARE and Long-Term Care Hospital Prospective Payment System 0720-AB47

Uniform Health Maintenance Organization (HMO) Benefit--Prime Enrollment Fee Exemption 0720-AB56

TRICARE Revision to CHAMPUS DRG-Based Payment System, Pricing of Hospital Claims 0720-AB58
Office of Assistant Secretary for Health Affairs - Final Rule

Title

Regulation 

Identifier 

Number

TRICARE Retired Reserve for Members of the Retired Reserve 0720-AB39

TRICARE; Reimbursement of Sole Community Hospitals 0720-AB41

TRICARE; Reimbursement for Travel for Specialty Care Under Exceptional Circumstances 0720-AB42

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); TRICARE Young Adult 0720-AB48

TRICARE; TRICARE Sanction Authority for Third-Party Billing Agents 0720-AB49

TRICARE; Smoking Cessation Program Under TRICARE 0720-AB50

TRICARE; Elimination of the Non-Availability Statement (NAS) Requirement for Non-Emergency Inpatient Mental Health

Care 0720-AB52

TRICARE; Extended Care Health Option 0720-AB53

TRICARE; Removal of the Prohibition to Use Addictive Drugs in the Maintenance Treatment of Substance Dependence

in TRICARE Beneficiaries 0720-AB54

TRICARE: Certified Mental Health Counselors 0720-AB55

TRICARE: TRICARE Retail Pharmacy Program 0720-AB57

Office of Assistant Secretary for Health Affairs - Completed Action

Title

Regulation 

Identifier 

Number

TRICARE; Off-Label Uses of Devices; Partial List of Examples of Unproven Drugs, Devices, and Medical Treatments or

Procedures 0720-AB23

TRICARE: Elimination of Co-Payments for Authorized Preventive Services for Certain TRICARE Standard Beneficiaries 0720-AB38

TRICARE Reimbursement Revisions 0720-AB43

TRICARE; Enhancement of Transitional Dental Care for Members of the Reserve Component on Active Duty for More

Than 30 Days in Support of a Contingency Operation 0720-AB46

TRICARE; Constructive Eligibility for TRICARE Benefits of Certain Persons Otherwise Ineligible Under Retroactive

Determination of Entitlement to Medicare Part A Hospital Insurance Benefits 0720-AB51

Defense Acquisition Regulations Council - Proposed Rule

Title

Regulation 

Identifier 

Number

Safeguarding Unclassified DoD Information (DFARS Case 2011-D039) 0750-AG47

Unallowable Fringe Benefit Costs (DFARS Case 2012-D038) 0750-AH76

Acquisitions in Support of Operations in Iraq or Afghanistan (DFARS Case 2012-D046) 0750-AH83

Preparation of Letter of Offer and Acceptance (DFARS Case 2012-D048) 0750-AH84

Encouragement of Science, Technology, Engineering, and Mathematics (STEM) Programs (DFARS Case 2012-D027) 0750-AH85

Forward Pricing Rate Proposal Adequacy Checklist (DFARS Case 2012-D035) 0750-AH86

Defense Acquisition Regulations Council - Final Rule

Title

Regulation 

Identifier 

Number

Electronic Subcontracting Reporting System (DFARS Case 2009-D002) 0750-AG40

Government Support Contractor Access to Technical Data (DFARS Case 2009-D031) 0750-AG95

Deletion of Text Implementing 10 U.S.C. 2323 (DFARS Case 2011-D038) 0750-AH45

Proposal Adequacy Checklist (DFARS Case 2011-D042) 0750-AH47

Definition of Cost or Pricing Data (DFARS Case 2011-D040) 0750-AH49

Performance-Based Payments (DFARS Case 2011-D045) 0750-AH54

Alleged Crimes by or Against Contractor Personnel (DFARS Case 2012-D006) 0750-AH57

Ownership of Offeror (DFARS Case 2011-D044) 0750-AH58

Solicitation Provisions and Contract Clauses for Acquisitions of Commercial Items (DFARS Case 2011-D056) 0750-AH63

Item Unique Identifier Update (DFARS Case 2011-D055) 0750-AH64

United States--Korea Free Trade Agreement (DFARS Case 2012-D025) 0750-AH69

Defense Trade Cooperation Treaty With the United Kingdom (DFARS Case 2012-D034) 0750-AH70
New Free Trade Agreement With Colombia DFARS Case 2012-D032) 0750-AH72

Acquisition of Tents and Other Temporary Structures (DFARS Case 2012-D015) 0750-AH73

Specialty Metals-Definition of "Produce" (DFARS Case 2012-D041) 0750-AH78

New Free Trade Agreement--Panama (DFARS Case 2012-D044) 0750-AH79

Clarification of "F" Orders in the Procurement Instrument Identification Number Structure (DFARS Case 2012-D040) 0750-AH80

Contracting Activity Updates (DFARS Case 2012-D045) 0750-AH81

New Qualifying Country--Poland (DFARS Case 2012-D049) 0750-AH82

Defense Acquisition Regulations Council - Completed Action

Title

Regulation 

Identifier 

Number

Business Systems--Definition and Administration (DFARS Case 2009-D038) 0750-AG58

Notification Requirements for Awards of Single-Source Task or Delivery Orders (DFARS Case 2009-D036) 0750-AG66

Reporting of Government-Furnished Property (DFARS Case 2012-D001) 0750-AG83

Responsibility and Liability for Government Property (DFARS Case 2010-D018) 0750-AG94

Independent Research and Development Technical Descriptions (DFARS Case 2010-D011) 0750-AG96

Representation Relating to Compensation of Former DoD Officials (DFARS Case 2010-D020) 0750-AG99

Only One Offer (DFARS Case 2011-D013) 0750-AH11

Accelerated Payments to Small Business (DFARS Case 2011-D008) 0750-AH19

Fire-Resistant Fiber for Production of Military Uniforms (DFARS Case 2011-D021) 0750-AH22

Pilot Program on Acquisition of Military Purpose Nondevelopmental Items (DFARS Case 2011-D034) 0750-AH27

Contractors Performing Private Security Functions (DFARS Case 2011-D023) 0750-AH28

Simplified Acquisition Threshold for Humanitarian or Peacekeeping Operations (DFARS Case 2011-D032) 0750-AH29

Management of Manufacturing Risk in Major Defense Acquisition Programs (DFARS Case 2011-D031) 0750-AH30

Award Fee Reduction or Denial for Health or Safety Issues (DFARS Case 2011-D033) 0750-AH37

Separation of Combined Provisions and Clauses (DFARS Case 2011-D048) 0750-AH38

Applicability of Hexavalent Chromium Policy to Commercial Items (DFARS Case 2011-D047) 0750-AH39

Updates to Wide Area WorkFlow (WAWF) (DFARS Case 2011-D027) 0750-AH40

Administering Trafficking in Persons Regulations (DFARS Case 2011-D051) 0750-AH41

Contracting With the Canadian Commercial Corporation (DFARS Case 2011-D049) 0750-AH42

Utilization of Domestic Photovoltaic Devices (DFARS Case 2011-D046) 0750-AH43

Extension of DoD Mentor-Protégé Pilot Program (DFARS Case 2011-D050) 0750-AH44

Transition to the System for Award Management (SAM) (DFARS Case 2011-D053) 0750-AH46

New Designated Country-Armenia (DFARS Case 2011-D057) 0750-AH48

Trade Agreements Thresholds (DFARS Case 2012-D005) 0750-AH50

Disclosure to Litigation Support Contractors (DFARS Case 2011-D018) 0750-AH51

DoD Voucher Processing (DFARS Case 2011-D054) 0750-AH52

Shipping Instructions (DFARS Case 2011-D052) 0750-AH53

Title 41 Positive Law Codification--Further Implementation (DFARS Case 2012-D003) 0750-AH55

Order of Application for Modifications (DFARS Case 2012-D002) 0750-AH56

Extension of the DoD Mentor Protégé Pilot Program (DFARS Case 2012-D024) 0750-AH59

Extension of Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans (DFARS Case 2012-

D026) 0750-AH60

Commercial Determination Approval (DFARS Case 2011-D041) 0750-AH61

Inflation Adjustment of Threshold for Acquisition of Right-Hand Drive Passenger Sedans (DFARS Case 2012-D016) 0750-AH65

New Threshold for Peer Reviews of Noncompetitive Contracts (DFARS Case 2012-D018) 0750-AH66

Repeal of Case-by-Case Reporting (DFARS Case 2012-D020) 0750-AH67

Defense Federal Acquisition Regulation Supplement: Report on Waiver of Prohibition on Acquisition From Communist

Chinese Military Companies (DFARS Case 2012-D023) 0750-AH68

Contingency Contract Closeout (DFARS Case 2012-D014) 0750-AH71

New Qualifying Country--Czech Republic (DFARS Case 2012-D043) 0750-AH75
Office of the Secretary - Proposed Rule

Title

Regulation 

Identifier 

Number

DoD Freedom of Information Act (FOIA) Program Regulation 0790-AI24

Defense Industrial Personnel Security Clearance Review Program 0790-AI41

Procedural Guidance for Industrial Personnel Security Clearance Review Program 0790-AI53

Deoxyribonucleic Acid (DNA) Family Reference Sample (FRS) Collection 0790-AI68

National Industrial Security Program: Procedures for Government Activities Relating to Foreign Ownership, Control or

Influence (FOCI) 0790-AI71

Withholding of Unclassified Technical Data From Public Disclosure 0790-AI73

Presentation of DoD-Related Scientific and Technical Papers at Meetings 0790-AI75

DoD Guidance on Academic and Commercial Use of Research and Development Laboratory Facilities and Services 0790-AI76

Provision of Early Intervention and Special Education Services to Eligible DoD Dependents 0790-AI77

National Industrial Security Program: Industrial Security Procedures for Government Activities 0790-AI80

Child Development Programs (CDPs) 0790-AI81

Exceptional Family Member Program (EFMP) 0790-AI82

National Defense Science and Engineering Graduate (NDSEG) Fellowships 0790-AI84

Defense Logistics Agency Freedom of Information Act Program 0790-AI87

Foreign Criminal and Civil Jurisdiction 0790-AI89

DoD Assistance to Non-Government, Entertainment-Oriented Media Productions 0790-AI90

Processing Complaints of Discrimination 0790-AI91

Financial Assistance to Local Educational Agencies (LEAs) 0790-AI93

Public Affairs Relations with Businesses, Business-Related Organizations, and Other Non-Governmental Organizations 0790-AI94

Office of the Secretary - Final Rule

Title

Regulation 

Identifier 

Number

Service Academies 0790-AI19

Federal Voting Assistance Program (FVAP) 0790-AI27

Office of the Secretary of Defense and Joint Staff Freedom of Information Act Program 0790-AI29

Defense Contract Management Agency (DCMA) Privacy Program 0790-AI30

Sexual Assault Prevention and Response Program Procedures 0790-AI36

Sexual Assault Prevention and Response (SAPR) Program 0790-AI37

Department of Defense Personnel Security Program 0790-AI42

Post 9-11 GI Bill 0790-AI43

Recoupment of Nonrecurring Costs (NCs) on Sales of U.S. Items 0790-AI45

Operational Contract Support 0790-AI48

Voluntary Education Programs 0790-AI50

DoD Freedom of Information Act (FOIA) Program; Amendment 0790-AI51

Defense Support of Civilian Law Enforcement Agencies 0790-AI54

Defense Industrial Base (DIB) Cyber Security/Information Assurance (CS/IA) Activities 0790-AI60

Identification (ID) Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals 0790-AI61

Alternative Dispute Resolution 0790-AI63

Mission Compatibility Evaluation Process 0790-AI69

Qualification Standards for Enlistment, Appointment, and Induction 0790-AI78

Domestic Abuse Involving DoD Military and Certain Affiliated Personnel 0790-AI79

Defense Logistics Agency Privacy Program 0790-AI86

Shelter for the Homeless 0790-AI88

Inspector General; Privacy Act; Implementation 0790-AI92

Office of the Secretary - Completed Action

Regulation 
Title Identifier 

Number

DoD Information Assurance Scholarship Program (IASP) 0790-AI28

Reduction of Use of Social Security Numbers (SSN) in the Department of Defense (DoD) 0790-AI33

Defense Support to Special Events 0790-AI55

DoD Mandatory Declassification Review (MDR) Program 0790-AI62

DoD Unclassified Controlled Nuclear Information (UCNI) 0790-AI64

Pilot Program for the Temporary Exchange of Information Technology Personnel 0790-AI66

Revitalizing Base Closure Communities and Addressing Impacts of Realignment; Amendment 0790-AI67

DoD Workplace Violence Prevention and Response 0790-AI72

Homeowners Assistance Program--Application Processing 0790-AI83

Shelter for the Homeless Program 0790-AI85

Department of Defense (DOD) 

Department of the Army ( ARMY ) RIN: 0702-AA62

 View Related Documents

Title: Military Police Law Enforcement Reporting and Operations

Abstract: The Department of the Army proposes to amend its regulation concerning law enforcement reporting to add policy on

sex offenders on Army Installations; policy pertaining to the collection of deoxyribonucleic acid (DNA) from individuals suspected

of certain offenses; and policy pertaining to the release of Military Police (MP) records. This rule also adds a reporting

requirement of domestic incidents to the Army Family Advocacy Program and Detention Cell Operations. This rule also

authorizes the limited use of the Federal Bureau of Investigations (FBI), National Crime Information Center (NCIC) to conduct

checks of visitors to an installation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 28 USC 534 note; 42 USC 10601; 18 USC 922; 42 USC 14071; 10 USC 1562; 10 USC ch 47

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 01/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Brenda S. Bowen Department of Defense

Department of the Army

U.S. Army Records Management and Declassification Agency, ATTN: AAHS-RDR-C, 7701 Telegraph Road, Alexandria, VA

22315-3860

Alexandria , VA 22315-3860 

Phone: 703 428-6173 

FAX: 703 428-6514

E-Mail: brenda.bowen@conus.army.mil

Department of Defense (DOD) 

Department of the Army ( ARMY ) RIN: 0702-AA63
 View Related Documents

Title: Army National Cemeteries

Abstract: This proposed amendment modifies the Army's regulations governing Army National Cemeteries, which consists of

Arlington and the Soldiers' and Airmen's Home National Cemeteries, to reflect recent changes in the management structure of

the Army National Cemeteries Program, adopt modifications suggested by the Department of the Army Inspector General, and

implement statutory changes to interment, inurnment, and memorialization eligibility.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 553 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 446; 10 USC 985, 1128, 1481, 1482, 3013; 24 USC 295a, 412; 38 USC 2402 note, 2409, 2410,

2411, 2413; 40 USC 9102; 50 USC 797

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0702-AA60

Agency Contact: Brenda S. Bowen Department of Defense

Department of the Army

U.S. Army Records Management and Declassification Agency, ATTN: AAHS-RDR-C, 7701 Telegraph Road, Alexandria, VA

22315-3860

Alexandria , VA 22315-3860 

Phone: 703 428-6173 

FAX: 703 428-6514

E-Mail: brenda.bowen@conus.army.mil

Department of Defense (DOD) 

Department of the Navy ( NAVY ) RIN: 0703-AA87

 View Related Documents

Title: United States Navy Regulations and Official Records

Abstract: The proposed 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 subparts are primarily for informational purposes.

The revisions to this rule will be reported in future status updates as part of DoD's retrospective plan under Executive Order

13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 700 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 6044

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:
Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 05/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: LCDR Catherine Chiapetta Department of Defense

Department of the Navy

Office of the Judge Advocate General, Administrative Law Division (Code 13), Washington Navy Yard, 1322 Patterson Avenue

SE., Suite 3000, Washington, DC 20374-5066

Washington , DC 20374-5066 

Phone: 703 614-7408 

E-Mail: catherine.chiapetta@navy.mil

Department of Defense (DOD) 

Department of the Navy ( NAVY ) RIN: 0703-AA90

 View Related Documents

Title: Permit Application Procedures for Archaeological Research and Enforcement Procedures of the Sunken Military Craft Act

on Sunken Military Craft Under the Jurisdiction of the Department of the Navy

Abstract: This rule serves as a revision of the current 32 C.F.R. part 767 and incorporates existing regulations together with

the expanded authority provided to the Secretary of the Navy by the Sunken Military Craft Act (SMCA) (Pub. L. 108-375, 10

U.S.C. 113 Note and 118 Stat. 2094-2098) in regards to permitting intrusive activities on sunken military craft. The proposed

rule replaces the current regulations and establishes a single permitting process for members of the public wishing to engage in

intrusive and authorized activities on Department of Navy sunken and terrestrial military craft. The rule also incorporates

provisions for a 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. The final major provision of the rule affects violations of the SMCA or

of the permitting program and outlines penalties and enforcement procedures. The proposed revision to the rule substantiates

existing legislation and stated public policy and does not carry a significant burden of cost to the public. Rather, the rule enables

the public controlled intrusive access to sites otherwise prohibited from disturbance, bringing to light new knowledge about the

nation's maritime heritage, and honoring the service of our lost sailors.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: Undetermined

CFR Citation: 32 CFR 767 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 113

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: LCDR Catherine Chiapetta Department of Defense

Department of the Navy
Office of the Judge Advocate General, Administrative Law Division (Code 13), Washington Navy Yard, 1322 Patterson Avenue

SE., Suite 3000, Washington, DC 20374-5066

Washington , DC 20374-5066 

Phone: 703 614-7408 

E-Mail: catherine.chiapetta@navy.mil

Department of Defense (DOD) 

Department of the Navy ( NAVY ) RIN: 0703-AA91

 View Related Documents

Title: Unofficial Use of the Seal, Emblem, Names, or Initials of the Marine Corps

Abstract: The U.S. Marine Corps (USMC) currently operates a Trademark Licensing Office (TMLO) under authority found at 10

U.S.C. 2260, which was enacted in 2004. However, a regulation promulgated in 1986 (32 CFR 765.14) remains in force. This

regulation needs to be revised in order to reconcile it with the recent statutory authority, delegations, and the conduct and

activities of the TMLO. The revisions to this rule will be reported in future status updates as part of DoD's retrospective plan

under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at:

http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 32 CFR 765 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7881; 10 USC 2260

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.marines.mil/trademark

Agency Contact: LCDR Catherine Chiapetta Department of Defense

Department of the Navy

Office of the Judge Advocate General, Administrative Law Division (Code 13), Washington Navy Yard, 1322 Patterson Avenue

SE., Suite 3000, Washington, DC 20374-5066

Washington , DC 20374-5066 

Phone: 703 614-7408 

E-Mail: catherine.chiapetta@navy.mil

Department of Defense (DOD) 

Department of the Navy ( NAVY ) RIN: 0703-AA92

 View Related Documents

Title: Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General

Abstract: The Department of the Navy (DoN) is revising its 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), whether arising from professional legal activities in DoN proceedings and

matters, or arising from other, non-U.S. Government related professional legal activities or personal misconduct that suggests

the attorney is ethically, professionally, or morally unqualified to perform legal services within the DoN; to prescribe limitations

on and procedures for processing requests to engage in the outside practice of law by those DoN attorneys practicing under the
supervision of the JAG; and to ensure quality legal services at all proceedings under the cognizance and supervision of the

JAG. The revision comports with current policy reflected in JAG Instruction 5803.1 (Series), Professional Conduct of Attorneys

Practicing Under the Cognizance and Supervision of the Judge Advocate General. The revisions to this rule will be reported in

future status updates as part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full

plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 776 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 806; 10 USC 806a; 10 USC 826; 10 USC 827; 10 USC 1044

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 01/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Related RINs: Related to 0703-AA88

Agency Contact: LCDR Catherine Chiapetta Department of Defense

Department of the Navy

Office of the Judge Advocate General, Administrative Law Division (Code 13), Washington Navy Yard, 1322 Patterson Avenue

SE., Suite 3000, Washington, DC 20374-5066

Washington , DC 20374-5066 

Phone: 703 614-7408 

E-Mail: catherine.chiapetta@navy.mil

Department of Defense (DOD) 

Department of the Navy ( NAVY ) RIN: 0703-AA88

 View Related Documents

Title: Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General

Abstract: The Department of the Navy is amending its rules to update existing sections relating to the professional conduct of

attorneys practicing under the cognizance and supervision of the Judge Advocate General (JAG) for clients with diminished

capacity. The rule allows a covered attorney to take preventative action when the attorney reasonably believes that a client has

diminished capacity and is at risk of substantial physical harm to himself or herself unless immediate action is taken. Since

publishing this interim final rule, the Department of the Navy has decided to revise the entire CFR part. That rulemaking will be

pursued under RIN 0703-AA92. The finalization of that rule will also finalize the changes made in the interim final rule. The

revisions to this rule will be reported in future status updates as part of DoD's retrospective plan under Executive Order 13563

completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 776 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 806; 10 USC 806a; 10 USC 826; 10 USC 827

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:
Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 08/30/2010 75 FR 52860 

Interim Final Rule Effective 08/30/2010 

Interim Final Rule Comment Period End 10/29/2010 

Final Action 06/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: LCDR Catherine Chiapetta Department of Defense

Department of the Navy

Office of the Judge Advocate General, Administrative Law Division (Code 13), Washington Navy Yard, 1322 Patterson Avenue

SE., Suite 3000, Washington, DC 20374-5066

Washington , DC 20374-5066 

Phone: 703 614-7408 

E-Mail: catherine.chiapetta@navy.mil

Department of Defense (DOD) 

U.S. Army Corps of Engineers ( COE ) RIN: 0710-AA66

 View Related Documents

Title: Civil Monetary Penalty Inflation Adjustment Rule

Abstract: The Corps is proposing to amend its regulations to adjust its Class I civil penalties under the Clean Water Act and

the National Fishing Enhancement Act to account for inflation. Increasing the maximum amounts of the Class I penalties to

account for inflation will maintain the deterrent effects of those penalties. The revisions to this rule are part of DoD's

retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at:

http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 326 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 28 USC 2461; 33 USC 1319; PL 98-623

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/00/2012 

NPRM Comment Period End 01/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: David B. Olson 

Regulatory Program Manager

Department of Defense

U.S. Army Corps of Engineers

CECW-CO, 441 G Street NW, Washington, DC 20314-1000

Washington , DC 20314-1000 
Phone: 202 761-4922 

E-Mail: david.b.olson@usace.army.mil

Department of Defense (DOD) 

U.S. Army Corps of Engineers ( COE ) RIN: 0710-AA60

 View Related Documents

Title: Nationwide Permit Program Regulations

Abstract: The Corps proposed to revise 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 proposed to

revise the regulation to increase the pre-construction notification review period to 45 days, to be consistent with the current

nationwide permits. The Corps also proposed to amend the regulation to allow district engineers to issue verification letters that

can have the same expiration date as the nationwide permit. The revisions to this rule are part of DoD's retrospective plan under

Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at:

http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 33 CFR 330 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1344; 33 USC 401 et seq; 33 USC 1413

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 11/30/2004 69 FR 69563 

NPRM Comment Period End 01/31/2005 

Final Action 04/00/2013 

Final Action Effective 05/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: Yes

Agency Contact: David B. Olson 

Regulatory Program Manager

Department of Defense

U.S. Army Corps of Engineers

CECW-CO, 441 G Street NW, Washington, DC 20314-1000

Washington , DC 20314-1000 

Phone: 202 761-4922 

E-Mail: david.b.olson@usace.army.mil

Department of Defense (DOD) 

U.S. Army Corps of Engineers ( COE ) RIN: 0710-AA69

 View Related Documents

Title: Continuing Contract for Civil Works Project Managed by the United States Army Corps of Engineers Clauses

Abstract: The U.S. Army Corps of Engineers (USACE) is proposing an interim Continuing Contracts clause for use on

specifically authorized Civil Works projects only. This proposal is in response to a recurring statutory provision that requires a

change to the clause USACE had previously used.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 5132; 48 CFR 5136; 48 CFR 5152 (To search for a specific CFR, visit the Code of Federal Regulations

) 

Legal Authority: 33 USC 621; 10 USC 2202

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 01/15/2010 75 FR 2463 

NPRM Comment Period End 03/16/2010 

Withdrawn 04/08/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robin A. Baldwin 

Directorate of Contracting

Department of Defense

U.S. Army Corps of Engineers

441 G Street NW, Washington, DC 20314

Washington , DC 20314 

Phone: 202 761-8645 

Department of Defense (DOD) 

U.S. Army Corps of Engineers ( COE ) RIN: 0710-AA70

 View Related Documents

Title: Procedures for Implementing the National Environmental Policy Act

Abstract: The Corps of Engineers (Corps) is proposing to amend its regulations for implementing the National Environmental

Policy Act (NEPA) to clarify its scope of analysis under that Act. The focus of this rulemaking action is to establish an

appropriate NEPA scope of analysis to consider the effects of proposed surface coal mining activities on the aquatic

environment.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 325 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 401; 33 USC 1344; 33 USC 1413

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Withdrawn 04/08/2012 
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: David B. Olson 

Regulatory Program Manager

Department of Defense

U.S. Army Corps of Engineers

CECW-CO, 441 G Street NW, Washington, DC 20314-1000

Washington , DC 20314-1000 

Phone: 202 761-4922 

E-Mail: david.b.olson@usace.army.mil

Department of Defense (DOD) 

U.S. Army Corps of Engineers ( COE ) RIN: 0710-AA71

 View Related Documents

Title: Issuing and Reissuing Nationwide Permits

Abstract: The U.S. Army Corps of Engineers (Corps) is reissuing 48 of the 49 existing nationwide permits (NWPs), general

conditions, and definitions, with some modifications. The Corps is also issuing two new NWPs, three new general conditions,

and three new definitions. The effective date for the new and reissued NWPs will be March 19, 2012. These NWPs will expire

on March 18, 2017. The NWPs will protect the aquatic environment and the public interest while effectively authorizing activities

that have minimal individual and cumulative adverse effects on the aquatic environment.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1344; 33 USC 403

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 02/16/2011 76 FR 9174 

NPRM Comment Period End 04/18/2011 

Final Action 02/21/2012 77 FR 10184 

Final Action Effective 03/19/2012 

Additional Information: This RIN replaces the RIN identified in the proposal (ZRIN 0710-ZA05), so that this rulemaking action

can be included in the Unified Agenda.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: Yes

Agency Contact: David B. Olson 

Regulatory Program Manager

Department of Defense

U.S. Army Corps of Engineers

CECW-CO, 441 G Street NW, Washington, DC 20314-1000

Washington , DC 20314-1000 

Phone: 202 761-4922 

E-Mail: david.b.olson@usace.army.mil
Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB15

 View Related Documents

Title: Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); TRICARE Reserve Select for Members of

the Selected Reserve

Abstract: This rule revises requirements and procedures for TRICARE Reserve Select and restructures eligibility to include all

Selected Reservists, except for those individuals either enrolled or eligible to enroll in a health benefit plan under chapter 89 of

title 5, United States Code.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: This rule addresses provisions of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-

364).

Action Source Description Date

Other Statutory National Defense Authorization Act 2007 10/01/2007 

Regulatory Plan:

Statement of Need: The Department rule identifies a process to comply with the congressional mandate that all members of

the Selected Reserve may be able to purchase their health care through the Military Health System, regardless of the member's

duty status.

Legal Basis: National Defense Authorization Act for Fiscal Year 2007.

Alternatives: The rule complies with the congressional mandate. No other alternatives are applicable.

Costs and Benefits: It is estimated that implementing the rule equates to national incremental costs totaling less than $100

million per year. Benefits include: Access to health care for all Reservists, regardless of the member's duty status; however, at

this time, the effect on readiness, recruitment, and retention are not known.

Risks: The degree of risk to the public is low.

Timetable:

Action Date FR Cite

Interim Final Rule 08/20/2007 72 FR 46380 

Interim Final Rule Comment Period End 09/19/2007 

Interim Final Rule Effective 10/01/2007 

NPRM 01/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Jody Donehoo Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 681-0039 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB47

 View Related Documents

Title: TRICARE and Long-Term Care Hospital Prospective Payment System

Abstract: The Department of Defense (DoD) proposes to adopt a reimbursement methodology for Long-Term Care Hospitals

similar to Medicare's Long-Term Care Hospital Prospective Payment System (LTCH-PPS).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 14 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 1079(j)(2)

Legal Deadline: None
Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Ann N. Fazzini Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 303 676-3803 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB56

 View Related Documents

Title: Uniform Health Maintenance Organization (HMO) Benefit--Prime Enrollment Fee Exemption

Abstract: This proposed rule would establish an exception to the usual rule that TRICARE Prime enrollment fees are uniform

for the group of retirees and their dependents. Survivors and medically retired members are part of the retiree group under

TRICARE rules. This exception would allow Survivors of Active Duty Deceased Sponsors and Medically Retired Uniformed

Services Members and their Dependents enrolled in Prime to be exempt from future increases in TRICARE Prime enrollment

fees. The Prime beneficiaries in these categories prior to 10/1/2011 would have their annual enrollment fee frozen at the current

rate of $230 per single and $460 per family. The beneficiaries added to these categories on or after 10/1/2011 would have their

fee frozen at the rate in effect at the time they are classified in either category and enroll in Prime or, if not enrolling, at the rate

in effect at the time of enrollment. The fee remains frozen as long as at least one family member remains enrolled in Prime and

there is not a break in enrollment. The fee charged for the dependent(s) of a Medically Retired Uniformed Services Member

would not change if the dependent(s) was later re-classified a Survivor.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 55; 5 USC 301

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No
Agency Contact: Ralph McBroom Department of Defense

Office of Assistant Secretary for Health Affairs

Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 681-0039 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB58

 View Related Documents

Title: TRICARE Revision to CHAMPUS DRG-Based Payment System, Pricing of Hospital Claims

Abstract: This rule proposes to change TRICARE's current regulatory provision for hospital claims priced under the DRGbased payment system. Claims are currently priced by using the rates and weights that are in effect on a beneficiary's date of

admission. This rule proposes to change that provision to price such claims by using the rates and weights that are in effect on

a beneficiary's date of discharge.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Amber Butterfield Department of Defense

Office of Assistant Secretary for Health Affairs

Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 303 676-3565 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB39

 View Related Documents

Title: TRICARE Retired Reserve for Members of the Retired Reserve

Abstract: This rule establishes requirements and procedures for implementation of TRICARE Retired Reserve. It addresses

provisions of the National Defense Authorization Act for Fiscal Year 2010 (NDAA–10) (Pub. L. 111–84). The purpose of this rule

is to establish the TRICARE Retired Reserve program that implements section 705 of the NDAA–10. Section 705 allows

members of the Retired Reserve who are qualified for non-regular retirement, but are not yet 60 years of age, to qualify to

purchase medical coverage equivalent to the TRICARE Standard (and Extra) benefit unless that member is either enrolled in, or

is eligible to enroll in, a health benefit plan under chapter 89 of title 5, United States Code. The amount of the premium that

qualified members pay to purchase these benefits will represent the full cost as determined on an appropriate actuarial basis for

coverage under the TRICARE Standard (and Extra) benefit including the cost of the program administration. There will be one

premium for member-only coverage and a separate premium for member and family coverage. The rules and procedures

otherwise outlined in 32 CFR part 199 relating to the operation and administration of the TRICARE Standard and Extra

programs including the required cost-shares, deductibles and catastrophic caps for retired members and their dependents will
apply to this program.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 55; 5 USC 301

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 08/06/2010 75 FR 47452 

Interim Final Rule Effective 08/06/2010 

Interim Final Rule Comment Period End 10/05/2010 

Final Action 01/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Jody Donehoo Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 681-0039 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB41

 View Related Documents

Title: TRICARE; Reimbursement of Sole Community Hospitals

Abstract: This proposed rule would implement the statutory provision at 10 U.S.C. 1079(j)(2) that TRICARE payment methods

for institutional care be determined, to the extent practicable, in accordance with the same reimbursement rules as those that

apply to payments to providers of services of the same type under Medicare. This proposed rule implements a reimbursement

methodology similar to that furnished to Medicare beneficiaries for inpatient services provided by Sole Community Hospitals

(SCHs). It will be phased in over a several-year period.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule is being published to implement the statutory provision in 10 U.S.C. 1079(j)(2), that TRICARE

payment methods for institutional care be determined, to the extent practicable, in accordance with the same reimbursement

rules as apply to payments to providers of services of the same type under Medicare. This proposed rule implements a

reimbursement methodology similar to that furnished to Medicare beneficiaries for inpatient services provided by Sole

Community Hospitals.

Legal Basis: There is a statutory basis for this proposed rule: 10 U.S.C. 1079(j)(2).

Alternatives: Alternatives were considered for phasing in the needed reform and an alternative was selected for a gradual,

smooth transition.
Costs and Benefits: We estimate the total reduction (from the proposed changes in this rule) in hospital revenues under the

SCH reform for its first year of implementation (assumed for purposes of this RIA to be FY 2011), compared to expenditures in

that same period without the proposed SCH changes, to be approximately $190 million. The estimated impact for FYs 2012

through 2015 (in $ millions) is $208, $229, $252, and $278 respectively.

Risks: Failure to publish this proposed rule would result in noncompliance with a statutory provision.

Timetable:

Action Date FR Cite

NPRM 07/05/2011 76 FR 39043 

NPRM Comment Period End 09/06/2011 

Final Action 12/00/2012 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Marty Maxey Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 303 676-3627 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB42

 View Related Documents

Title: TRICARE; Reimbursement for Travel for Specialty Care Under Exceptional Circumstances

Abstract: This proposed rule implements section 634 of the National Defense Authorization Act for Fiscal Year 2010 which

amends section 1074i of title 10, United States Code to permit reimbursement for reasonable travel expenses for active duty

members of the uniformed Services and their dependents, and accompaniment, to a specialty care provider under such

exceptional circumstances as the Secretary of Defense may proscribe. The Department of Defense through its military treatment

facilities and its robust managed care program, TRICARE Prime, is able to fulfill the medical needs of the majority of its active

duty members and their families. However, in some locations where active duty members and their families live due to the duty

assignment of the member, the medical resources in the military treatment facilities and the managed care networks may not

meet all of the specialty care needs of these members and their families within normal access standards. Reimbursement of

reasonable travel expenses for required specialty care that is more than 100 miles from the primary care manager's office is

currently a benefit under paragraph (a) of section 1074i, title 10 United States Code for any covered beneficiary enrolled in the

TRICARE Prime program, including the active duty members and their dependents. However this proposed rule extends a travel

reimbursement for active duty members of the armed forces and their families who, because of an exceptional circumstance

involving the duty assignment of the active duty member of the armed forces, are required to travel less than 100 miles but

more than 60 minutes in drive time to access needed specialty care. This travel reimbursement benefit is limited to those active

duty members and their dependents, and accompaniment, enrolled in Prime or TRICARE Prime Remote. The Director,

TRICARE Management Activity, shall issue procedures and guidelines under which authorization for reimbursement of travel

expenses will be issued after verification that the member, family member, and/or accompaniment, must travel less than 100

miles but more than 60 minutes drive time from the military treatment facility or their primary care manager's office to receive

required specialty care.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:
Action Date FR Cite

NPRM 01/13/2011 76 FR 2290 

NPRM Comment Period End 03/14/2011 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: LTC Kathleen Larkin Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 681-0039 

FAX: 703 681-1219

E-Mail: kathleen.larkin@tma.osd.mil

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB48

 View Related Documents

Title: Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); TRICARE Young Adult

Abstract: This interim final rule implements section 702 of the Ike Skelton National Defense Authorization Act for Fiscal Year

2011 (NDAA for FY11). It establishes the TRICARE Young Adult (TYA) program to provide an extended medical coverage

opportunity to most unmarried children under the age of 26 of uniformed services sponsors. The TRICARE Young Adult

program is a premium-based program.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 55; 5 USC 301

Legal Deadline: The amendments by this section took effect on January 1, 2011. The statute provided that the Secretary of

Defense would prescribe an interim final rule with respect to such amendments, effective not later than January 1, 2011.

Action Source Description Date

Other Statutory Public Law 111-383, section 702 01/01/2011 

Regulatory Plan:

Statement of Need: This rule executes section 1110b of title 10, United States Code, "TRICARE Young Adult," as mandated

by section 702 of the Ike Skelton National Defense Act for Fiscal Year 2011. Section 702 authorizes the Department of Defense

to provide an unmarried child under the age of 26 who is not otherwise eligible for TRICARE medical coverage at age 21 (23 if

enrolled in a full-time course of study at an institution of higher learning approved by the Secretary of Defense) unless the

dependent is enrolled in or eligible for medical coverage with an employer-sponsored plan as defined by section 5000A(f)(2) of

the Internal Revenue Code of 1986. If qualified, the dependent can purchase TRICARE Standard / Extra or TRICARE Prime

benefits depending on the military sponsor's eligibility and the availability of the TRICARE plan in the dependent's geographic

location.

Legal Basis: Title 10, U.S.C., section 1110b and section 702 of the Ike Skelton National Defense Authorization Act for Fiscal

Year 2011.

Alternatives: None.

Costs and Benefits: There are no anticipated budgetary health care or administrative cost increases.

Risks: Failure to publish this rule would result in certain former Military Health System beneficiaries being denied the

opportunity to purchase extended dependent medical coverage (similar to one of the significant benefit provisions of the Patient

Protection and Affordable Care Act) when they are not longer eligible for care at age 21 (age 23 if enrolled in a full-time course

of study at an institution of higher learning approved by the Secretary of Defense) and are under the age of 26.

Timetable:

Action Date FR Cite

Interim Final Rule 04/27/2011 76 FR 23479 

Interim Final Rule Effective 04/27/2011 

Interim Final Rule Comment Period End 06/27/2011 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mark Ellis Department of Defense

Office of Assistant Secretary for Health Affairs

5111 Leesburg Pike, Suite 810A, Falls Church, VA 22041

Falls Church , VA 22041 

Phone: 703 681-0039 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB49

 View Related Documents

Title: TRICARE; TRICARE Sanction Authority for Third-Party Billing Agents

Abstract: The rule provides the Director, TRICARE Management Activity (TMA), or designee, with the authority to sanction

third-party billing agents by invoking the administrative remedy of exclusion or suspension from the TRICARE program. Such

sanctions may be invoked in situations involving fraud or abuse on the part of third-party billing agents that prepare or submit

claims presented to TRICARE for payment.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 09/20/2011 76 FR 58202 

NPRM Comment Period End 11/21/2011 

Final Action 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ann N. Fazzini Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 303 676-3803 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB50

 View Related Documents

Title: TRICARE; Smoking Cessation Program Under TRICARE

Abstract: This rule implements section 713 of the Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year

2009 (FY 2009), Public Law 110-417. Section 713 states the Secretary shall establish a smoking cessation program under the

TRICARE program. The smoking cessation program under TRICARE shall, at a minimum, include the following: (1) the

availability, at no cost to the beneficiary, of pharmaceuticals used for smoking cessation, with the limitation on the availability of

such pharmaceuticals to the mail-order pharmacy program under the TRICARE program; (2) smoking cessation counseling; (3)

access to a toll-free quit line 24 hours a day, 7 days a week; (4) access to print and Internet web-based tobacco cessation

material. Per the statute, Medicare-eligible beneficiaries are excluded from the TRICARE smoking cessation program.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 09/20/2011 76 FR 58199 

NPRM Comment Period End 11/21/2011 

Final Action 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Barbara Matthews Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301-1200

Washington , DC 20301-1200 

Phone: 303 676-3558 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB52

 View Related Documents

Title: TRICARE; Elimination of the Non-Availability Statement (NAS) Requirement for Non-Emergency Inpatient Mental Health

Care

Abstract: Under TRICARE Prime (as provided in 32 CFR, sec. 199.17), the military medical treatment facility (MTF) has the

right of first refusal for specialty services requested by a civilian provider, if the services are available at the MTF. If a TRICARE

Prime beneficiary living near a MTF is referred for specialty care by a civilian provider and the service is available at the MTF,

the MTF may decide to provide the care. If services are refused by the MTF, the referral will be allowed with a network provider.

As a result, the issuance of NAS(s) has been eliminated and are only required for non-enrolled beneficiaries who live within the

MTF catchment area for non-emergency inpatient mental health care. Currently, the number of NASs issued is negligible as

most mental health admissions are emergency admissions. Requiring a NAS for a relative few non-emergency inpatient mental

health admissions is disproportionate to the cost of maintaining the systems necessary to process and coordinate the NAS. This

proposed rule eliminates the requirement for a NAS for non-emergency inpatient mental health care in order for the TRICARE

Standard beneficiary's claim to be paid.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:
Risks:

Timetable:

Action Date FR Cite

NPRM 09/16/2011 76 FR 57690 

NPRM Comment Period End 11/15/2011 

Final Action 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Richard Hart Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 681-0047 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB53

 View Related Documents

Title: TRICARE; Extended Care Health Option

Abstract: The Department of Defense (DoD) is publishing this proposed rule to establish TRICARE coverage under the

Extended Care Health Option (ECHO) of Applied Behavior Analysis (ABA) for Autism Spectrum Disorders (ASD). To increase

access to ABA services for ECHO-registered dependents who are diagnosed with an ASD, DoD is promulgating this rule to

adopt a provider model under the authority of 10 U.S.C. 1079(e) and to establish the requirements for ABA providers and

reimbursement for ABA services. This rule also proposes to establish that certain individual professional providers, specifically,

psychiatrists, clinical psychologists, certified psychiatric nurse specialists, and clinical social workers, and other individuals who

maintain current certification by the Behavior Analyst Certification Board (BACB) or comparable certifying entity as may be

approved by the Director, TMA, and, who maintain a current Participation Agreement with the Director, TMA, are eligible to be

applied behavior analysis authorized providers.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/29/2011 76 FR 81897 

NPRM Comment Period End 02/27/2012 

Final Action 01/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Mike Kottyan Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 303 676-3520 
Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB54

 View Related Documents

Title: TRICARE; Removal of the Prohibition to Use Addictive Drugs in the Maintenance Treatment of Substance Dependence in

TRICARE Beneficiaries

Abstract: This rule proposes revisions to the Code of Federal Regulations (CFR) title 32 section 199.4(e) to remove the

exclusion of drug abuse maintenance programs and allow as part of a comprehensive treatment plan for an individual with

substance dependence, the substitution of a therapeutic drug with addictive potential for a drug of addiction (e.g. the

substitution of methadone for heroin). The current regulation prohibits drug maintenance programs where one addictive

substance is substituted for another. However, this prohibition of maintenance treatment of substance dependence utilizing a

specific category of psychoactive agent is outdated and fails to recognize the accumulated medical evidence supporting certain

maintenance programs as one component of the continuum of care necessary for the effective treatment of substance

dependence. Current medical evidence shows that this is medically or psychologically necessary and integral to the safe and

effective treatment of drug abuse as is generally required for all treatment benefits under 32 CFR 199.4(g)(15) for inclusion in

the TRICARE benefit.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/29/2011 76 FR 81899 

NPRM Comment Period End 02/27/2012 

Final Action 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robert DeMartino Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 681-0070 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB55

 View Related Documents

Title: TRICARE: Certified Mental Health Counselors

Abstract: This rule is submitted as an interim final rule (IFR) in order to meet the Congressional requirement set forth in the

National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011, section 724, which required the Department of Defense to

prescribe regulations by June 20, 2011, to establish the criteria, as had previously been studied in accordance with section 717

of the NDAA 2008, that would allow licensed or certified mental health counselors to be able to independently provide care to

TRICARE beneficiaries and receive payment for those services. Under current TRICARE requirements, mental health

counselors (MHCs) are authorized to practice only with physician referral and supervision. This interim final rule establishes a

transition period to phase out the requirement for physician referral and supervision for MHCs and to create a new category of

allied health professionals, to be known as certified mental health counselors (CMHCs), who will be authorized to practice
independently under TRICARE.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: Congressional requirement set forth in the National Defense Authorization Act (NDAA) for Fiscal Year (FY)

2011, section 724, which required the Department of Defense to prescribe regulations by June 20, 2011, to establish the

criteria, as had previously been studied in accordance with section 717 of the NDAA 2008, that would allow licensed or certified

mental health counselors to be able to independently provide care to TRICARE beneficiaries and receive payment for those

services.

Action Source Description Date

Other Statutory section 724 of NDAA 2011 06/20/2011 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 12/27/2011 76 FR 80741 

Interim Final Rule Effective 12/27/2011 

Interim Final Rule Comment Period End 02/27/2012 

Final Action 03/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Patricia Moseley Department of Defense

Office of Assistant Secretary for Health Affairs

Defense Pentagon, Washington, DC 22301

Washington , DC 22301 

Phone: 703 681-0064 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB57

 View Related Documents

Title: TRICARE: TRICARE Retail Pharmacy Program

Abstract: This rule will make several administrative changes to the TRICARE Pharmacy Benefits Program regulations in order

to conform them more closely to the statute and to clarify some procedures regarding the operation of the uniform formulary.

Specifically, the rule will: conform the regulation to the statute regarding point-of-service availability of non-formulary drugs;

clarify the process for formulary placement of newly approved drugs; streamline the process for updating copayment

requirements; specify the method for applying the statutory formula for maximum non-formulary drug copayments; and clarify

several other uniform formulary practices. This rule is separate from, but not inconsistent with, the legislative proposal made by

the Department to implement portions of the President's Budget for Fiscal Year 2013 relating to the TRICARE Pharmacy

Benefits Program.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need:
Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/26/2012 77 FR 38019 

NPRM Comment Period End 08/27/2012 

Final Action 05/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Rear Admiral Thomas McGinnis Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301-1200

Washington , DC 20301-1200 

Phone: 703 681-2890 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB23

 View Related Documents

Title: TRICARE; Off-Label Uses of Devices; Partial List of Examples of Unproven Drugs, Devices, and Medical Treatments or

Procedures

Abstract: This rule revises the definition of "unlabeled or off-label drug" to "off-label use of a drug or device." This revision is

consistent with the regulatory framework under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq). Additionally,

this rule removes the partial list of examples of unproven drugs, devices, and medical treatments or procedures proscribed

under section 199.4(g)(15). As it is determined that reliable evidence demonstrates that previously unproven drugs, devices, and

medical treatments or procedures have proven medical effectiveness, TRICARE has removed them from the list and authorized

medically necessary care. This removal of the partial list is necessary as the list will never be completely current and is only a

partial list of examples. The removal of this partial list does not change or eliminate any benefits that are currently available

under the TRICARE program.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 08/10/2004 69 FR 48433 

NPRM Comment Period End 10/12/2004 

Second NPRM 08/31/2009 74 FR 44797 

Second NPRM Comment Period End 10/30/2009 

Final Action 06/27/2012 77 FR 38177 

Final Action Effective 07/27/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No
Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 0720-AA88

Agency Contact: Rene Morrell Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 303 676-3618 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB38

 View Related Documents

Title: TRICARE: Elimination of Co-Payments for Authorized Preventive Services for Certain TRICARE Standard Beneficiaries

Abstract: This rule implements section 711 of the Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year

2009 (FY 2009), Public Law 110-417. Section 711 eliminates co-payments for authorized preventive services for TRICARE

Standard beneficiaries other than Medicare-eligible beneficiaries. This rule also realigns the covered preventive services listed in

the Exclusions section of the regulation to the Special Benefits section in the regulation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 55; 5 USC 301

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 09/27/2010 75 FR 59173 

NPRM Comment Period End 11/26/2010 

Final Action 12/28/2011 76 FR 81368 

Final Action Effective 01/27/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ann N. Fazzini Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 303 676-3803 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB43

 View Related Documents

Title: TRICARE Reimbursement Revisions

Abstract: The rule proposes several revisions to the regulation necessary to be consistent with Medicare, to include: (1)

hospice periods of care, (2) reimbursement of physician assistants and assistant-at-surgery claims and (3), this rule revises the

regulation by removing references to specific numeric Diagnosis Related Group (DRG) values, and replacing them with their

narrative description.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 01/13/2011 76 FR 2291 

NPRM Comment Period End 03/14/2011 

Final Action 06/27/2012 77 FR 38173 

Final Action Effective 07/27/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ann Fazzini Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 303 676-3803 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB46

 View Related Documents

Title: TRICARE; Enhancement of Transitional Dental Care for Members of the Reserve Component on Active Duty for More

Than 30 Days in Support of a Contingency Operation

Abstract: The Department is publishing this rule to implement section 703 of the National Defense Authorization Act for Fiscal

Year 2010 (NDAA for FY10), Public Law 111-84. Specifically, that legislation amends the transitional health care dental benefits

for Reserve Component members on active duty for more than 30 days in support of a contingency operation. The legislation

entitles these Reserve Component members to dental care in the same manner as a member of the uniformed services on

active duty for more than 30 days, thus providing care to the Reserve member in both military dental treatment facilities and

authorized private sector dental care. This proposed rule does not eliminate any medical or dental care that is currently covered

as transitional health care for the member. However the member's dependents are not entitled to this enhanced benefit.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:
Action Date FR Cite

NPRM 01/13/2011 76 FR 2288 

NPRM Comment Period End 03/14/2011 

Final Action 12/28/2011 76 FR 81366 

Final Action Effective 01/27/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert Mitton Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301-1200

Washington , DC 20301-1200 

Phone: 703 681-0039 

FAX: 703 681-1219

E-Mail: robert.mitton@tma.osd.mil

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB51

 View Related Documents

Title: TRICARE; Constructive Eligibility for TRICARE Benefits of Certain Persons Otherwise Ineligible Under Retroactive

Determination of Entitlement to Medicare Part A Hospital Insurance Benefits

Abstract: This rule implements section 706 of the National Defense Authorization Act (NDAA) for Fiscal Year 2010, Public Law

111-84. Specifically, section 706 exempts TRICARE beneficiaries under the age of 65 who become disabled from the

requirement to enroll in Medicare Part B for the retroactive months of entitlement to Medicare Part A in order to maintain

TRICARE coverage. This statutory amendment and rule only impact eligibility for the period in which the beneficiary's disability

determination is pending before the Social Security Administration. Eligible beneficiaries will still be required to enroll in Medicare

Part B in order to maintain their TRICARE coverage for future months, but will be considered to have coverage under the

TRICARE program for the months retroactive to their entitlement to Medicare Part A. This rule also amends the eligibility section

of the TRICARE regulation to more clearly address reinstatement of TRICARE eligibility following a gap in coverage due to lack

of enrollment in Medicare Part B.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 09/20/2011 76 FR 58204 

NPRM Comment Period End 11/21/2011 

Final Action 06/27/2012 77 FR 38175 

Final Action Effective 07/27/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Anne Breslin Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 
Phone: 703 681-0039 

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG47

 View Related Documents

Title: Safeguarding Unclassified DoD Information (DFARS Case 2011-D039)

Abstract: This rule proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a DFARS

subpart and associated contract clauses to address requirements for the safeguarding of unclassified information within

contractor information systems. This rule addresses the safeguarding requirements specified in Executive Order 13556,

Controlled Unclassified Information. The purpose of this proposed DFARS rule is to implement adequate security measures to

safeguard unclassified DoD information within contractor information systems from unauthorized access and disclosure, and to

prescribe reporting to DoD certain events that affect DoD information existing in or traveling through contractor unclassified

information systems. DoD published an Advance Notice of proposed Rulemaking (ANPRM) and notice of public meeting in the

Federal Register at 75 FR 9563 on March 3, 2010, to provide the public an opportunity for input into the initial rulemaking

process. The ANPRM addressed basic and enhanced safeguarding procedures for the protection of DoD information. DoD

estimates that the rule will apply to approximately 76 percent of the small businesses that will be required to provide protection

of DoD information at an enhanced level. DoD invited comments from small business concerns and other interested parties on

the expected impact of this rule on small entities.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 204; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

ANPRM 03/03/2010 75 FR 9563 

ANPRM Comment Period End 05/03/2010 

NPRM 06/29/2011 76 FR 38089 

NPRM Comment Period End 08/29/2011 

NPRM Comment Period Extended 10/28/2011 76 FR 66889 

NPRM Comment Period Extended 12/16/2011 76 FR 55297 

NPRM Comment Period End 12/16/2011 

NPRM 03/00/2013 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH76

 View Related Documents
Title: Unallowable Fringe Benefit Costs (DFARS Case 2012-D038)

Abstract: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to explicitly state that

fringe benefit costs incurred or estimated that are contrary to law, employer-employee agreement, or an established policy of the

contractor are unallowable. The proposed rule amends the DFARS at 231.205-6 by adding paragraph (m)(1) to explicitly state

that fringe benefit costs incurred or estimated that are contrary to law, employer-employee agreement, or an established policy

of the contractor are unallowable. DoD does not expect this proposed rule to have a significant economic impact on a

substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because this rule

merely provides explicit clarification regarding the unallowability of fringe benefit costs incurred or estimated.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 231 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH83

 View Related Documents

Title: Acquisitions in Support of Operations in Iraq or Afghanistan (DFARS Case 2012-D046)

Abstract: This rule proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to further address

procedures and clauses for acquisitions in support of operations in Iraq and Afghanistan. DoD proposes to revise DFARS

subpart 225.77, Acquisitions in Support of Operations in Iraq or Afghanistan. This subpart further implements section 886 of the

National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), which provided authority for DoD to provide a

preference or limit competition when acquiring products or services in support of military operations or stability operations in Iraq

or Afghanistan (including security, transition, reconstruction, and humanitarian relief activities) under certain circumstances. The

primary focus of this proposed rule is the treatment of construction material under construction contracts in support of

operations in Iraq or Afghanistan. DoD does not expect this rule to have a significant economic impact on a substantial number

of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because application of the rule is

limited to acquisitions in support of operations in Iraq or Afghanistan.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 225; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:
Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH84

 View Related Documents

Title: Preparation of Letter of Offer and Acceptance (DFARS Case 2012-D048)

Abstract: This rule proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to outline the

contracting officer's responsibilities when assisting the DoD implementing agency in the preparation of the letter of offer and

acceptance for a foreign military sale (FMS) that results in a contract. Letters of offer and acceptance are used by the U.S.

Government to document FMS agreements. DoD proposes to amend DFARS 225.7302 to revise and move the text at DFARS

Procedures, Guidance, and Instruction (PGI) 225.7302(1) into the DFARS. This action is necessary because the directions to

the contracting officer at PGI 225.7302(1) may have impact on prospective contractors, and therefore require relocation to the

DFARS. DoD does not expect the rule will have a significant economic impact on a substantial number of small entities within

the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 225 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council
4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH85

 View Related Documents

Title: Encouragement of Science, Technology, Engineering, and Mathematics (STEM) Programs (DFARS Case 2012-D027)

Abstract: This rule proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section

862 of the National Defense Authorization Act for Fiscal Year 2012, which requires DoD to take steps to encourage contractors

to develop science, technology, engineering, and mathematics (STEM) programs. STEM programs are programs or initiatives,

either formal or informal, which encourage the pursuit of education and experience in the science, technology, engineering, and

mathematics disciplines. DoD does not expect this rule to have a significant economic impact on a substantial number of small

entities because this rule encourages contractors to the maximum extent practicable, to develop STEM programs.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 226; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 03/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH86

 View Related Documents

Title: Forward Pricing Rate Proposal Adequacy Checklist (DFARS Case 2012-D035)

Abstract: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to provide guidance to

contractors submitting a proposal to negotiate forward pricing rates. 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. The proposed amendment to

DFARS 215.403-5 adds instructions to contracting officers to request contractors to submit the proposed Contractor Forward

Pricing Rate Proposal Adequacy Checklist at table 215.403XX with forward pricing rate proposals. DoD does not expect this

proposed rule to have a significant economic impact on a substantial number of small businesses.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 215 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG40

 View Related Documents

Title: Electronic Subcontracting Reporting System (DFARS Case 2009-D002)

Abstract: DoD is adopting, without change, the interim rule amending the Defense Federal Acquisition Regulation Supplement

(DFARS) regarding DoD contractors' use of the Electronic Subcontracting Reporting System (eSRS). The eSRS is used by DoD

contractors for submission of small business subcontracting reports to the Government. The interim rule provided to DoD

contractors the DoD-specific policies and procedures that they must follow in order to be able to submit subcontract reports

using eSRS, as required by the FAR. This rule reflects the use of eSRS, rather than the Standard Form 294 (Subcontract

Report for Individual Contracts) and Standard Form 295 (Summary Subcontract Report). Small businesses are not required to

have subcontracting plans. Therefore, they are not required to use eSRS to submit reports on their progress in achieving the

goals in those plans. DoD anticipates minimal economic impact to small businesses.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 219.708; 48 CFR 252.212-7001; 48 CFR 252.219-7003; 48 CFR 252.219-7004; ... (To search for a

specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 10/25/2010 75 FR 65439 
Interim Final Rule Effective 10/25/2010 

Interim Final Rule Comment Period End 12/27/2010 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG95

 View Related Documents

Title: Government Support Contractor Access to Technical Data (DFARS Case 2009-D031)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 821 of the

National Defense Authorization Act for Fiscal Year 2010. Section 821 authorizes certain types of Government support

contractors to have access to proprietary technical data belonging to prime contractors and other third parties, provided that the

owner of the technical data may require the support contractor to sign a non-disclosure agreement. These nondisclosure

agreements, having certain restrictions and legal or equitable remedies, protect the owner of the technical data against

disclosure of confidential information. Additionally, this rule implements a third statutory exception to the prohibition on release

of privately developed data outside the Government. This new statutory exception allows a "covered Government support

contractor" access to, and use of, any technical data delivered under a contract for the sole purpose of furnishing independent

and impartial advice or technical assistance directly to the Government in support of the Government's management and

oversight of the program or effort to which such technical data relates. The rule also provides a definition of "covered

Government support contractor" as contractor under a contract, whose primary purpose is to furnish independent and impartial

advice or technical assistance directly to the Government in support of the Government's management and oversight of a

program or effort. A "covered Government support contractor" must meet certain criteria identified in the rule and provide certain

assurances to the Government to protect the proprietary and nonpublic nature of the technical data furnished to the covered

Government support contractor, to include signing a non-disclosure agreement. The rule affects small businesses that are

Government support contractors that need access to proprietary technical data belonging to prime contractors and other third

parties. The impact of this rule on small business is not expected to be significant because the non-disclosure agreement is not

likely to have a significant cost or administrative impact.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 209; 48 CFR 227; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-84; 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 03/02/2011 76 FR 11363 

Interim Final Rule Effective Date 03/02/2011 

Interim Final Rule Comment Period End 05/02/2011 

Final Action 03/00/2013 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No
Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH45

 View Related Documents

Title: Deletion of Text Implementing 10 U.S.C. 2323 (DFARS Case 2011-D038)

Abstract: DoD is amending the Defense Federal Acquisition Regulations Supplement (DFARS)to remove language based on

10 U.S.C. 2323. 10 U.S.C. 2323 expired on September 30, 2009; therefore, the DFARS language that implemented this statute

must be removed. DoD does not expect this interim rule to have a significant economic impact on a substantial number of small

entities because it does not change the fundamental procurement policies that DoD has used to achieve strong SDB

participation or to encourage the involvement of HBCUs and MSIs in defense-related research, development, testing, and

evaluation activities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 48 CFR 205; 48 CFR 206; 48 CFR 215; 48 CFR 219; 48 CFR 226; 48 CFR 235; 48 CFR 252; Appendix I (To

search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: 

Action Source Description Date

Other Statutory 10 USC 2323 expired on September 30, 2009 09/30/2009 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 03/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH47

 View Related Documents

Title: Proposal Adequacy Checklist (DFARS Case 2011-D042)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add a checklist for DoD

contractors to complete under solicitations that require submission of certified cost or pricing data and the Contracting Officer

chooses to use the associated provision. This rule supports one of DoD's Better Buying Power initiatives. The purpose of the
Proposal Adequacy Checklist and associated solicitation provision is to ensure offerors submit thorough, accurate, and complete

proposals. This rule is not expected to have a significant economic impact on small businesses.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 215; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/02/2011 76 FR 75512 

NPRM Comment Period End 01/21/2012 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH49

 View Related Documents

Title: Definition of Cost or Pricing Data (DFARS Case 2011-D040)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise the definition of "cost

or pricing data." The DFARS changes are necessary to ensure consistency with the definition of "cost or pricing data" in the

Federal Acquisition Regulation (FAR). The rule does not change the existing rights of the contracting officer to obtain cost data

or pricing data. Instead, this rule will benefit all entities, both large and small, by clarifying when to submit "certified cost or

pricing data" and "data other than certified cost or pricing data." No impact on contractors or offerors is anticipated because the

rule merely aligns the DFARS with the FAR.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 204; 48 CFR 215; 48 CFR 217; 48 CFR 219; 48 CFR 239; 48 CFR 241; 48 CFR 242; 48 CFR 244; 48

CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:
Risks:

Timetable:

Action Date FR Cite

NPRM 01/19/2012 77 FR 2680 

NPRM Comment Period End 03/19/2012 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH54

 View Related Documents

Title: Performance-Based Payments (DFARS Case 2011-D045)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide detailed guidance and

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 resulting from solicitations issued on or after July 1, 2011. This rule will help

ensure that performance-based payments never exceed total cost incurred at any point during the contract. The PBP analysis

tool calculates improved financing opportunities that will provide benefit to both industry (prime and subcontractor level) and the

taxpayer. No significant impact on small entities is anticipated because requiring use of the PBP tool does not require

contractors to expend significant effort or cost.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 232; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 01/30/2012 77 FR 4638 

NPRM Comment Period End 03/30/2012 

Final Action 03/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil
Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH57

 View Related Documents

Title: Alleged Crimes by or Against Contractor Personnel (DFARS Case 2012-D006)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to expand coverage relating to

alleged crimes by or against contractor personnel. The alleged crimes are offenses under the Uniform Code of Military Justice

(UCMJ) (chapter 47 of title 10, United States Code) or the Military Extraterritorial Jurisdiction Act (MEJA) (chapter 212 of title 18,

United States Code). DoD is expanding the applicability of these requirements to any contract that authorizes contractor

personnel to accompany U.S. Armed Forces deployed outside the United States in (1) contingency operations; (2) humanitarian

or peacekeeping operations; or (3) other military operations or military exercises, when designated by the combatant

commander. These requirements only apply to DoD contracts performed in Iraq and Afghanistan. The two key requirements

being proposed are for the contractor to (a) report any alleged offenses against the UCMJ and the MEJA to appropriate

investigative authorities and (b) give contractor personnel who work in covered areas information on how and where to report an

alleged UCMJ or MEJA offense. DoD does not anticipate significant economic impact on small entities.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303; PL 110-417

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 03/12/2012 77 FR 14490 

NPRM Comment Period End 05/11/2012 

Final Action 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH58

 View Related Documents

Title: Ownership of Offeror (DFARS Case 2011-D044)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add a solicitation provision to

require offerors to identify their highest-level owner, immediate owner, and entity with controlling interest in the offeror. The

Commercial And Government Entity (CAGE) code and legal name of that business provide the ability to identify owners of

offerors. DoD does not anticipate this rule will have a significant impact on small business.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 204; 48 CFR 212; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 07/24/2012 77 FR 43474 

NPRM Comment Period End 09/24/2012 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH63

 View Related Documents

Title: Solicitation Provisions and Contract Clauses for Acquisitions of Commercial Items (DFARS Case 2011-D056)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to simplify prescriptions for

provisions and clauses that are applicable to the acquisition of commercial items and to specify flowdown of clauses to

commercial subcontracts. This rule will enable the use of automated contract writing systems and reduce the need for constant

updates of clause dates in multiple locations of the DFARS. Currently, the clause at DFARS 252.212-7001 requires the

contracting officer to "check a box" to identify the clauses that are applicable to each commercial item acquisition, and this

approach is not compatible with most automated contract writing systems. Additionally, this rule will provide a single list of

provisions and clauses applicable to commercial items that will be included at DFARS 212.301(f) rather than being incorporated

into a clause. DoD does not expect this rule to have a significant economic impact on small business because the rule aims to

only change the appearance of how commercial provisions and clauses are presented within DoD contracts for commercial

items.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 203; 48 CFR 204; 48 CFR 209; 48 CFR 211; 48 CFR 212; 48 CFR 219; 48 CFR 225; 48 CFR 226; 48

CFR 227; 48 CFR 232; 48 CFR 237; 48 CFR 243; 48 CFR 244; 48 CFR 246; 48 CFR 247; 48 CFR 252 (To search for a

specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:
Risks:

Timetable:

Action Date FR Cite

NPRM 04/05/2012 77 FR 20598 

NPRM Comment Period End 06/04/2012 

Final Action 04/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH64

 View Related Documents

Title: Item Unique Identifier Update (DFARS Case 2011-D055)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update and clarify

requirements of unique identification and valuation of items delivered under DoD contracts. The rule revises the applicable

prescription and contract clause at DFARS 252.211-7003 to reflect the current identification and valuation requirements. Item

unique identification and valuation is a system of marking, valuing, and tracking items delivered to DoD that enhances logistics,

contracting, and financial business transactions supporting the U.S. and coalition troops. DoD does not expect this rule to have

a significant economic impact on a substantial number of small entities because the changes being made do not increase the

burden of the item unique identification requirements, nor do they cause the requirement to be applicable to any additional small

businesses.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 211; 48 CFR 212; 48 CFR 246; 48 CFR 252; ... (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/15/2012 77 FR 35921 

NPRM Comment Period End 08/14/2012 

Final Action 03/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 
E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH69

 View Related Documents

Title: United States--Korea Free Trade Agreement (DFARS Case 2012-D025)

Abstract: DoD is amending Defense Federal Acquisition Regulation Supplement (DFARS) part 225 and the corresponding

provisions and clauses in DFARS part 252 to implement the United States-Korea Free Trade Agreement (FTA) (the United

States-Korea Free Trade Agreement Implementation Act (Pub. L. 112-41) (19 U.S.C. 3805 note)). The U.S.-Korea FTA

strengthens and develops economic relations between the U.S. and Korea for their mutual benefit and establishes free trade

between the U.S. and Korea through the reduction of and elimination of barriers to trade in goods and services. The Republic of

Korea is already party to the World Trade Organization Government Procurement Agreement (WTO GPA). By implementation of

this Korea FTA, eligible goods and services from Korea are now covered when valued at or above $100,000, rather than at or

above the WTO GPA threshold of $202,000. Although the rule now opens up Government procurement to the goods and

services of Korea at or above the threshold of $100,000, DoD does not anticipate any significant economic impact on U.S. small

businesses. The Department of Defense only applies the trade agreements to the non-defense items listed at DFARS 225.401-

70, and acquisitions that are set aside or provide other forms of preference for small businesses are exempt. FAR 19.502-2

states that acquisitions that do not exceed $150,000 (except as described in paragraph (1) of the definition of "simplified

acquisition threshold" at FAR 2.101) are automatically reserved exclusively for small business concerns, unless the contracting

officer determines that there is not a reasonable expectation of obtaining offers from two or more responsible small business

concerns.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 112-41 (19 USC 3805 note); 41 USC 1303; 41 USC ch 83

Legal Deadline: 

Action Source Description Date

Other Statutory This action is necessary because the Free Trade Agreement with the

Republic of Korea took effect on October 21, 2011 (Pub. L. 112-041). 10/21/2011 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 05/22/2012 77 FR 30356 

Interim Final Rule Effective 05/22/2012 

Interim Final Rule Comment Period End 07/23/2012 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 
Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH70

 View Related Documents

Title: Defense Trade Cooperation Treaty With the United Kingdom (DFARS Case 2012-D034)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) 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 streamlines the export control

regulations between the United States and the United Kingdom under specified circumstances. Under the Treaty, instead of a

U.S. exporter preparing and requesting U.S. Department of State approval of an export license or Technical Assistance

Agreement for a project, which would normally take around 45-60 days, the exporter will check the Department of State web

site or other appropriate reference and verify that (1) the U.K. industry partner is on the list of approved companies/facilities (i.e.,

a member of the Approved Community),(2)the project is on the list of approved projects and items are for U.S. Government end

use, and (3) the technology is not on the excluded list. Once verified, the U.S. exporter and the U.K. partner may cooperate

freely without export licenses. An exporter using the Treaty also must comply with requirements in the Treaty and the

Implementing Arrangement, and 22 CFR 110 (United Kingdom). These requirements include marking and record-keeping to

ensure that export-controlled items are recognized as such and treated accordingly. DoD does not expect this rule to have a

significant economic impact on a substantial number of small entities because the rule does not impose burdens on small

businesses.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 22 CFR 110; 48 CFR 225; 22 CFR 120-130; 48 CFR 252 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 41 USC 1303; PL 111-266; 22 USC 2778

Legal Deadline: 

Action Source Description Date

Other Statutory 

This action is necessary because the Department of State has received

expedited OIRA review handling of the final ITAR rule and the

Department of State is projecting a mid-March publication. 

03/30/2012 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 05/22/2012 77 FR 30361 

Interim Final Rule Effective 05/22/2012 

Interim Final Rule Comment Period End 07/23/2012 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH72

 View Related Documents
Title: New Free Trade Agreement With Colombia DFARS Case 2012-D032)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement(DFARS) to implement the United StatesColombia Trade Promotion Agreement. This Trade Promotion Agreement is a free trade agreement that provides for mutually

non-discriminatory treatment of eligible products and services from Colombia. The rule adds Colombia to the definition of "Free

Trade Agreement country" in multiple locations in the DFARS. The rule amends DFARS part 225 and the corresponding

provisions and clauses in part 252. There are also conforming changes to the clause at DFARS 252.212-7001, Contract Terms

and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items.

DoD does not expect this rule to have a significant economic impact on a substantial number of small entities. Although the rule

now opens up Government procurement to the goods and services of Colombia at or above the threshold of $100,000, DoD

does not anticipate any significant economic impact on U.S. small businesses.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303; PL 112-42

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 05/22/2012 77 FR 30359 

Interim Final Rule Effective 05/22/2012 

Interim Final Rule Comment Period End 07/23/2012 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH73

 View Related Documents

Title: Acquisition of Tents and Other Temporary Structures (DFARS Case 2012-D015)

Abstract: DoD is amending the Defense Federal Acquisition Regulations Supplement (DFARS) to implement sections 368 and

821 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112-81) that address the acquisition of tents and

other temporary structures. The rule amends DFARS subpart 225.70 and the associated DFARS clauses at 252.225-7002 and

252.225-7012. The rule provides a definition of "structural component of a tent" and also provides examples of the type of

temporary structures covered by this regulation. The objectives of this rule are to (1) require that contracts for the acquisition of

tents and other temporary structures provide best value, regardless of whether purchased by DoD or by another agency on

behalf of DoD; and (2) extend the domestic source restriction of 10 U.S.C. 2533a (the Berry Amendment) to cover the structural

components of tents, in order to promote the use of domestic materials and enhance growth of the United States economy.

DoD does not expect this interim rule to have a significant economic impact on a substantial number of small entities.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No
CFR Citation: 48 CFR 225; 48 CFR 252; 48 CFR 215 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303; PL 112-81

Legal Deadline: 

Action Source Description Date

Other Statutory 

This interim rule implements sections 368 and 821 of the National

Defense Authorization Act for Fiscal Year 2012. This requirement

became effective upon enactment, December 23, 2011. 

12/23/2011 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 06/29/2012 77 FR 38734 

Interim Final Rule Effective 06/29/2012 

Interim Final Rule Comment Period End 08/28/2012 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH78

 View Related Documents

Title: Specialty Metals-Definition of "Produce" (DFARS Case 2012-D041)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise the definition of

"produce" as it applies to specialty metals. The National Defense Authorization Act for Fiscal Year 2011 directed DoD to review

the definition of "produce" to ensure its compliance with 10 USC 2533b and to determine if a revision to the current rule was

necessary and appropriate. The rule affects primarily producers of specialty metal steel armor plate, and manufacturers that

supply steel armor plate that will be incorporated into end items to be acquired by DoD. Producers of specialty metals are

generally large businesses. Accordingly, DoD does not expect this rule to have significant economic impact on small business

concerns.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303; PL 111-383

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:
Timetable:

Action Date FR Cite

NPRM 07/24/2012 77 FR 43474 

NPRM Comment Period End 09/24/2012 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH79

 View Related Documents

Title: New Free Trade Agreement--Panama (DFARS Case 2012-D044)

Abstract: DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) part 252

to implement the United States-Panama Trade Promotion Agreement Implementation Act (Pub. L. 112-43)(19 U.S.C. 3805

note). This Trade Promotion Agreement is a free trade agreement that provides for mutually non-discriminatory treatment of

eligible products and services from Panama. The Panama FTA covers acquisitions of supplies and services equal to or

exceeding $202,000. The FTA provides for (1) waiver of the applicability of the Buy American statute (41 U.S.C. chapter 83) for

some foreign supplies and construction materials from Panama; and (2) applicability of specified procurement procedures

designed to ensure fairness in the acquisition of supplies and services (see FAR 25.408). DoD does not anticipate any

significant economic impact on U.S. small businesses. The Department of Defense only applies the trade agreements to the

non-defense items listed at DFARS 225.401-70, and acquisitions that are set aside or provide other forms of preference for

small businesses are exempt.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303; PL 112-43; 19 USC 3805 note

Legal Deadline: 

Action Source Description Date

Other Statutory Implementation required at time FTA with Panama becomes effective 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Manuel Quinones Department of Defense
Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH80

 View Related Documents

Title: Clarification of "F" Orders in the Procurement Instrument Identification Number Structure (DFARS Case 2012-D040)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) at 204.7003 and 204.7004 to

eliminate the requirement to use an "F" in the 9th position of the procurement instrument identification number (PIIN) to identify

awards to certain vendors, including AbilityOne and Federal Prison Industries (UNICOR), and to other Government

organizations. The 9th position of the PIIN, or contract number, is used to identify the type of instrument. Awards to certain

vendors, including AbilityOne and UNICOR, were being tracked by the letter in the 9th position of the PIIN. These vendors are

uniquely identified today by their DUNS number and/or CAGE code. Therefore, there is no longer any need for DoD to uniquely

identify contract actions with these vendors by way of the PIIN. This rule does not impact small entities as it only impacts the

internal operating procedures of the Government.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 204 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 08/28/2012 77 FR 51957 

NPRM Comment Period End 10/29/2012 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH81

 View Related Documents

Title: Contracting Activity Updates (DFARS Case 2012-D045)

Abstract: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise the

definitions of "contracting activity" and "departments and agencies" found at DFARS subpart 202.101. This final rule updates the

list of contracting activities and moves the list to the Procedures, Guidance, and Instruction (PGI) at 202.101. The reorganization

of DFARS subpart 202.101 will facilitate the rapid updating of contracting activities, as organizational changes occur. These
requirements affect only the internal operating procedures of the Government and have no impact on small business.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 202 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH82

 View Related Documents

Title: New Qualifying Country--Poland (DFARS Case 2012-D049)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add the Republic of Poland

as a qualifying country. On August 27, 2011, the U.S. Secretary of Defense signed a new reciprocal defense procurement

agreement with the Polish Minister of National Defense. This agreement was placed into force on July 19, 2012. The agreement

removes discriminatory barriers to procurements of supplies and services produced by industrial enterprises of the other country

to the extent mutually beneficial and consistent with national laws, regulations, policies, and international obligations. The

agreement does not cover construction or construction material. Poland is already a designated country under the World Trade

Organization Government Procurement Agreement. Publication of this final rule for public comment is not required by statute (41

U.S.C. 1707) because it does not have a significant effect beyond the internal operating procedures of DoD, and will not have a

significant cost or administrative impact on contractors or offerors. This rule merely adds Poland to the list of 22 other countries

that have similar reciprocal defense procurement agreements with DoD. The Regulatory Flexibility Act does not apply to this rule

because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501-1 and 41 U.S.C. 1707

does not require publication for public comment.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 225; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:
Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Final Action 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG58

 View Related Documents

Title: Business Systems--Definition and Administration (DFARS Case 2009-D038)

Abstract: DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation

Supplement (DFARS) to improve the effectiveness of DoD oversight of contractor business systems. Section 893 of the

National Defense Authorization Act for Fiscal Year 2011 established statutory requirements for the improvement of contractor

business systems to ensure that such systems provide timely, reliable information for the management of DoD programs. In

accordance with section 893, DoD issued a rule to improve the effectiveness of DCMA/DCAA oversight and clarify the definition

and administration of contractor business systems. The rule addressed comments received under the interim rule for this case,

as well as statutory requirements of section 893 of the National Defense Authorization Act for Fiscal Year 2011. DoD published

an interim rule with request for comments on May 18, 2011 (76 FR 28856). The rule applies to solicitations and contracts that

are subject to the Cost Accounting Standards (CAS) under 41 U.S.C. chapter 15, as implemented in regulations found at 48

CFR 9903.201-1 (see the FAR Appendix). Since contracts and subcontracts with small businesses are exempt from CAS

requirements, DoD estimates that this rule will have no impact on small businesses.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 215; 48 CFR 234; 48 CFR 242; 48 CFR 244; 48 CFR 252; 48 CFR CH 2 (To search for a specific CFR,

visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 01/15/2010 75 FR 2457 

NPRM Comment Period End 03/16/2010 

Second NPRM 12/03/2010 75 FR 75549 

Second NPRM Comment Period Extended 12/09/2010 75 FR 76692 

Second NPRM Comment Period End 01/10/2011 

Interim Final Rule 05/18/2011 76 FR 28855 

Interim Final Rule Effective 05/18/2011 

Interim Final Rule Comment Period End 07/18/2011 

Final Action 02/24/2012 77 FR 11355 
Final Action Effective 02/24/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG66

 View Related Documents

Title: Notification Requirements for Awards of Single-Source Task or Delivery Orders (DFARS Case 2009-D036)

Abstract: This rule implemented section 814 of the National Defense Authorization Act for Fiscal Year 2010 which required

agency heads to notify the congressional defense committees within 30 days after making certain limited determinations to

prohibit awards of sole source task or delivery order contracts that are estimated to exceed $100 million (including all options).

In addition, the agency head is required to provide notification, within 30 days of the determination, if the task or delivery order

contract concerns intelligence activities of DoD. The rule solely impacted internal Government operating procedures. The

additional notification requirements are within DoD and between DoD agencies and the Congress. Therefore, the rule is not

expected to have a significant cost or administrative impact on contractors.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-84; PL 98-577; 41 USC 421

Legal Deadline: Implements section 814 of the National Defense Authorization Act for Fiscal Year 2010 which became

effective upon enactment on Oct 28, 2009. Determination of Urgency to issue an interim rule will be signed by Director, DPAP,

to implement this rule in the Defense Federal Acquisition Regulation Supplement prior to receipt of public comments because of

the urgent and compelling need imposed by the statutory enactment date.

Action Source Description Date

Other Statutory Enactment of FY 2010 NDAA 10/28/2009 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 07/13/2010 75 FR 40716 

Interim Final Rule Effective 07/13/2010 

Interim Final Rule Comment Period End 09/13/2010 

Final Action 11/18/2011 76 FR 71465 

Final Action Effective 11/18/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 
Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG83

 View Related Documents

Title: Reporting of Government-Furnished Property (DFARS Case 2012-D001)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS)to revise and standardize reporting

requirements for Government-furnished property to include items uniquely and non-uniquely identified. The objective of the rule

is to improve the accountability and control of DoD assets. The revisions modify and standardize contractor Government

property reporting requirements. This rule alters the requirements of the current clause, which requires Defense contractors to

report (primarily) Government-furnished equipment items valued at $5,000 or more, to a new requirement to report all serially

managed Government-furnished property regardless of unit acquisition cost. The clause at 252.211-7007, is being renamed as

"Reporting of Government-Furnished Property," and is being revised to expand definitions, and provide guidance on reporting of

GFP. This clause applies to commercial contracts that have GFP and reporting applicability, and is added to the list of

solicitation provisions and contract clauses applicable to the acquisition of commercial items at DFARS 212.301. Additionally,

the clause at 252.251-7000 is being revised to require electronic receipts of property obtained from Government supply sources.

DoD estimates that approximately one-fourth of all contractors in possession of Government-furnished property are small

business. All DoD contractors in possession of Government property will be equally affected by the revision in reporting

requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 211; 48 CFR 212; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/22/2010 75 FR 80426 

NPRM Comment Period Extended 02/18/2011 76 FR 9527 

Public Meeting 03/18/2011 76 FR 11190 

NPRM Comment Period End 04/08/2011 

Second NPRM 10/19/2011 76 FR 64885 

Second NPRM Comment Period End 12/19/2011 

Final Action 08/29/2012 77 FR 52254 

Final Action Effective 08/29/2012 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG94
 View Related Documents

Title: Responsibility and Liability for Government Property (DFARS Case 2010-D018)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to extend the Government selfinsurance policy for Government property provided under negotiated fixed-price contracts that are awarded on a basis other

than submission of certified cost or pricing data. This rule proposed that DoD contractors not be held liable for loss of

Government property under such contracts. The basic premise of this case, that the Government should be self-insuring under

contracts that provide Government property, was supported by the Government Accountability Office (GAO) policy contained in

GAO publication, GAO-04-261SP Appropriations Law, and its decisions. Any impact of this rule on small entities is expected to

be beneficial. The Government assuming the liability for loss of Government property under negotiated fixed-price contracts

awarded on a basis other than submission of certified cost or pricing data should provide some relief for the small entities

concerning costs to acquire insurance against risk of loss.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/19/2011 76 FR 21852 

NPRM Comment Period End 06/20/2011 

Final Action 11/18/2011 76 FR 71824 

Final Action Effective 11/18/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG96

 View Related Documents

Title: Independent Research and Development Technical Descriptions (DFARS Case 2010-D011)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to require major contractors to

report independent research and development (IR&D) projects to the Defense Technical Information Center (DTIC). The term

"Major contractors" is defined as those contractors who allocated a total of more than $11M in IR&D/B&P costs to covered

contracts during the preceding fiscal year. The reporting requirements, as mandated by 10 U.S.C. 2372, will provide in-process

information from DoD-sponsored IR&D projects to increase effectiveness by providing visibility into the technical content of

industry IR&D activities to meet DoD needs and promote the technical prowess of the industry. Without the collection of this

information, DoD will be unable to maximize the value of the IR&D funds disbursed without infringing on the independence of

contractors to choose which technologies to pursue in IR&D programs. Reporting the IR&D projects utilizing the DTIC on-line

input form does not require contractors to expend significant effort or cost. Because the rule applies only to major contractors, it

will not apply to a significant number of small entities. Therefore, economic impact is expected to be minimal.
Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2372; 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 03/02/2011 76 FR 11414 

NPRM Comment Period End 05/02/2011 

Final Action 01/30/2012 77 FR 4632 

Final Action Effective 01/30/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG99

 View Related Documents

Title: Representation Relating to Compensation of Former DoD Officials (DFARS Case 2010-D020)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to require that offerors represent

whether former DoD officials employed by the offeror are in compliance with post-employment restrictions concerning postgovernment employment for DoD and other Federal employees after leaving Government employment. The final rule requires

offerors to submit representations at the time of contract award that all former DoD officials that are covered by the Procurement

Integrity Act are in compliance with post-employment restrictions set forth in DFARS 203.171-3 and DFARS 252.203-7000. The

representation goes further in also requiring a representation that former DoD employees employed by the contractor are also in

compliance with additional post-employment restrictions. This representation is required in contracts for commercial items. There

is no impact on the offeror unless the former DoD officials covered by the Procurement Integrity Act are not in compliance with

the post-employment restrictions. In order to submit an offer, small entities that hire a former DoD official covered by the

Procurement Integrity Act will have to check the compliance of such employees with various applicable post-employment

restrictions. DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials, already requires

contractors to determine that a covered DoD official has sought and received, or has not received after 30 days of seeking, a

written opinion from the appropriate DoD ethics counselor, regarding the applicability of post-employment restrictions to the

activities that the official is expected to undertake on behalf of the contractor. Therefore, this representation of compliance does

not impose an additional burden on the offeror. Any economic impact is expected to be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR CH 2; 5 CFR 2637; 5 CFR 2641 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303; 18 USC 207; 41 USC 423; PL 110-181

Legal Deadline: None

Regulatory Plan:
Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/06/2011 76 FR 32846 

NPRM Comment Period End 08/05/2011 

Final Action 11/18/2011 76 FR 71824 

Final Action Effective 11/18/2011 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH11

 View Related Documents

Title: Only One Offer (DFARS Case 2011-D013)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement to address acquisitions in which only one

offer is received. These requirements can be waived by the head of the contracting activity, without power of re-delegation. This

rule was initiated to implement the initiative on promoting real competition that was presented by the Under Secretary of

Defense for Acquisition, Technology & Logistics in a memorandum dated November 3, 2010. In support of this initiative, DoD is

amending DFARS subparts 215.3 and 215.4. The rule affects only those small entities that respond to a Federal competitive

solicitation and no other offer is received. Any impact of this rule on small business is expected to be predominantly positive, by

allowing more opportunity for competition. The revisions to this rule are part of DoD's retrospective plan under Executive Order

13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 07/25/2011 76 FR 44293 

NPRM Comment Period End 09/23/2011 

NPRM Comment Period Extended 09/27/2011 76 FR 59623 
NPRM Comment Period Extended End 10/07/2011 

Final Action 06/29/2012 77 FR 39126 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH19

 View Related Documents

Title: Accelerated Payments to Small Business (DFARS Case 2011-D008)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to accelerate payments to all small

business concerns. Previously, DoD assisted small disadvantaged business concerns by paying them as quickly as possible

after invoices are received and before normal payment due dates established in the contract. This rule removed the term

"disadvantaged" from the language at DFARS 232.903 and DFARS 232.906(a)(ii) and extended this assistance to all small

business concerns. This change aligned the DFARS with the statutory language at 5 CFR 1315.5 and FAR 32.903, which

allows agencies to authorize accelerated payment procedures for small businesses. Because the rule extended accelerated

payment assistance to all small business concerns, a positive economic impact on small business is expected.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 5 CFR 1315.5 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 04/27/2011 76 FR 23505 

Interim Final Rule Effective 04/27/2011 

Interim Final Rule Comment Period End 06/27/2011 

Final Action 11/18/2011 76 FR 71468 

Final Action Effective 11/18/2011 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil
Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH22

 View Related Documents

Title: Fire-Resistant Fiber for Production of Military Uniforms (DFARS Case 2011-D021)

Abstract: Implements section 821 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383). Section

821 prohibits specification of the use of fire-resistant rayon fiber in solicitations issued before January 1, 2015. Although small

businesses are involved in manufacture of the uniforms, there is nothing in this rule that prohibits the continued acquisition of

military uniforms containing fire-resistant rayon fiber or that would hinder acquisition of that fire-resistant fiber from Austria.

Further, if another type of fire-resistant fiber is competitively selected (such as Nomex from DuPont), there will probably still be

small businesses engaged in the manufacture of the military uniforms containing that fiber.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-383

Legal Deadline: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 821 of

the National Defense Authorization Act for Fiscal Year 2011. This requirement became effective upon enactment,January 7,

2011. For DoD solicitations issued before January 1, 2015, proposals submitted pursuant to such solicitation must include the

use of fire resistant rayon fiber.

Action Source Description Date

Other Statutory Effective upon enactment of PL 111-383 01/07/2011 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 06/06/2011 76 FR 32843 

Interim Final Rule Effective 06/06/2011 

Interim Final Rule Comment Period End 08/05/2011 

Final Action 11/18/2011 76 FR 71831 

Final Action Effective 11/18/2011 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH27

 View Related Documents

Title: Pilot Program on Acquisition of Military Purpose Nondevelopmental Items (DFARS Case 2011-D034)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 866 of the

National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383). Section 866 authorized the Secretary of Defense to

establish a pilot program to assess the feasibility and advisability of acquiring military purpose nondevelopmental items. The
authority for this pilot program expires on January 6, 2016. Under this pilot program, DoD may enter into contracts with

nontraditional defense contractors for the purpose of: (1) enabling DoD to acquire items that otherwise might have been

available to DoD; (2) assisting DoD in the rapid acquisition and fielding of capabilities needed to meet urgent operational needs;

and (3) protecting the interests of the United States in paying fair and reasonable prices for the item or items acquired.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 212 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-383

Legal Deadline: 

Action Source Description Date

Other Statutory sec 866 of PL 111-383 became effective upon enactment. 01/07/2011 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 06/29/2011 76 FR 38048 

Interim Final Rule Effective 06/29/2011 

Interim Final Rule Comment Period End 08/29/2011 

Final Action 01/19/2012 77 FR 2653 

Final Action Effective 01/19/2012 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH28

 View Related Documents

Title: Contractors Performing Private Security Functions (DFARS Case 2011-D023)

Abstract: DoD is adopting as final with changes an interim rule (76 FR 52133, August 19, 2011) amending the Defense

Federal Acquisition Regulation Supplement (DFARS) to implement section 862 of the National Defense Authorization Act

(NDAA) for Fiscal Year (FY) 2008, as amended by section 853 of the NDAA for FY 2009 and sections 831 and 832 of the

NDAA for FY 2011. Section 862, as amended, establishes minimum processes and requirements for the selection,

accountability, training, equipping, and conduct of personnel performing private security functions. The DFARS is being revised

to implement the statute. This rule implements the legislation by establishing (1) regulations addressing the selection, training,

equipping, and conduct of personnel performing private security functions in areas of contingency operations, complex

contingency operations, or other military operations or exercises that are designated by the combatant commander, (2) a

contract clause, and (3) remedies. DoD does not expect this rule to have a significant economic impact on a substantial number

of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the statute impacts only

private security contractors performing outside the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303; PL 110-181; PL 110-417; PL 111-383
Legal Deadline: This final rule implements the NDAA for FY 2008 (Pub. L. 110-181, enacted January 28, 2008), section 862,

entitled "Contractors Performing Private Security Functions in Areas of Combat Operations or Other Significant Military

Operations," as amended by section 853 of the NDAA for Fiscal Year 2009 (Pub. L. 110-417, enacted October 14, 2008) and

sections 831 and 832 of the NDAA for Fiscal Year 2011 (Pub. L. 111-383, enacted January 7, 2011). Implementation required

within 180 days.

Action Source Description Date

Other Statutory 180 days after effective date of PL 111-383 of January 7, 2011 07/07/2011 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 08/19/2011 76 FR 52133 

Interim Final Rule Effective 08/19/2011 

Interim Final Rule Comment Period End 10/18/2011 

Final Action 06/15/2012 77 FR 35883 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ynette Shelkin Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH29

 View Related Documents

Title: Simplified Acquisition Threshold for Humanitarian or Peacekeeping Operations (DFARS Case 2011-D032)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the authority provided

by 10 U.S.C. 2303(7) to invoke a simplified acquisition threshold that is two times the amount specified at 41 U.S.C. 134

(formerly 41 U.S.C. 403(11)) to support humanitarian or peacekeeping operations. The Federal Acquisition Regulation (FAR)

was revised to implement the authority to increase thresholds when supporting a contingency operation or facilitating the

defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States. While the

definition of humanitarian or peacekeeping operations is included in the FAR at 2.101, 41 U.S.C. 1903 does not provide

Governmentwide authority for raising the simplified acquisition threshold in support of such operations. Therefore, it was not

included in the FAR but should be included in the DFARS. DoD does not expect this final rule to have a significant negative

economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et

seq., because the rule does not impose any requirements on small businesses. The statute applies only to purchases made

outside the United States and only to those purchases that directly support a humanitarian or peacekeeping operation.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2303; 41 USC 134

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:
Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 07/25/2011 76 FR 44280 

Interim Final Rule Effective 07/25/2011 

Interim Final Rule Comment Period End 09/23/2011 

Final Action 11/18/2011 76 FR 71833 

Final Action Effective 11/18/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH30

 View Related Documents

Title: Management of Manufacturing Risk in Major Defense Acquisition Programs (DFARS Case 2011-D031)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 812 of the

National Defense Authorization Act for Fiscal Year 2011. Section 812(b)(5), instructs DoD to issue guidance that, at a minimum,

shall require appropriate consideration of the manufacturing readiness and manufacturing-readiness processes of potential

contractors and subcontractors as a part of the source selection process for major defense acquisition programs. The rule

amended DFARS subpart 215.3, Source Selection by adding paragraph (iv) to DFARS 215.304 to state that the manufacturing

readiness and manufacturing-readiness processes of potential contractors and subcontractors shall be considered as a part of

the source selection process for major defense acquisition programs.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-383

Legal Deadline: 

Action Source Description Date

Other Statutory PL 111-383 was enacted 01/07/2011 and requires implementation of

this rule 180 days after date of enactment. 01/07/2011 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 06/29/2011 76 FR 38050 

Interim Final Rule Effective 06/29/2011 

Interim Final Rule Comment Period End 08/29/2011 
Final Action 11/18/2011 76 FR 71465 

Final Action Effective 11/18/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH37

 View Related Documents

Title: Award Fee Reduction or Denial for Health or Safety Issues (DFARS Case 2011-D033)

Abstract: DoD amended the Defense FAR Supplement(DFARS) to implement section 834 of the National Defense

Authorization Act (NDAA) for Fiscal Year (FY) 2011. Section 834 is entitled "Enhancements of Authority of Secretary of Defense

to Reduce or Deny Award Fees to Companies Found to Jeopardize the Health or Safety of Government Personnel. Section 834

of the statute added to existing statutory authorities to decrease or eliminate a contractor's award fee for a performance period

and applies only to contractors and subcontractors that are not subject to jurisdiction of U.S. courts. The final determination of

fault is the result of an investigation of a serious bodily injury or death alleged to have been caused by a contractor or

subcontractor. A contractor's award fee is affected if, after the investigation, a determination is made that the serious bodily

injury or death was caused by the contractor's or subcontractor's gross negligence or with reckless disregard for the safety of

civilian or military personnel of the Government. By definition, a small business is a firm that is located in the United States and

is subject to the jurisdiction of U.S. courts. Therefore, no impact to small business is anticipated as a result of this rule.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-383; PL 110-417

Legal Deadline: This section 834 of the National Defense Authorization Act for Fiscal Year 2011 became effective on

enactment, January 7, 2011, and required implementation no later than 180 days after the date of enactment. Contracting

officers may not be aware of the requirement to consider reduction or denial of award fees for a period in which actions of gross

negligence or reckless disregard of safety or health by the contractor or subcontractor caused serious bodily injury or death of

Government personnel

Action Source Description Date

Other Statutory 180 days after date of enactment of applicable statute 07/07/2011 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 09/16/2011 76 FR 57674 

Interim Final Rule Effective 09/16/2011 

Interim Final Rule Comment Period End 11/15/2011 

Final Action 02/24/2012 77 FR 11354 

Final Action Effective 02/24/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Duplicate of 0750-AH24; Duplicate of 0750-
AH31

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 602-8384 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH38

 View Related Documents

Title: Separation of Combined Provisions and Clauses (DFARS Case 2011-D048)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to separate provisions and clauses

that were previously combined in order to be in compliance with DFARS drafting conventions. It is against DFARS drafting

conventions to combine a provision and a clause into a single clause since provisions are only applicable to solicitations while

clauses apply to any resultant contract. This rule will removed the representations from five DFARS clauses and created five

new provisions to be included in solicitations that include the associated clauses.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 204; 48 CFR 209; 48 CFR 216; 48 CFR 229; 48 CFR 252 (To search for a specific CFR,

visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 11/21/2011 76 FR 71922 

NPRM Comment Period End 01/21/2012 

Final Rule 03/30/2012 77 FR 19128 

Final Rule Effective 03/30/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH39

 View Related Documents

Title: Applicability of Hexavalent Chromium Policy to Commercial Items (DFARS Case 2011-D047)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the applicability to
commercial items of DoD policies relating to the use of materials containing hexavalent chromium. DoD published a final rule at

in the Federal Register at 76 FR 25569 on May 5, 2011, to implement the DoD policy addressing the serious human health and

environmental risks related to the use of hexavalent chromium. The final rule overlooked the need to separately prescribe the

clause in part 212 in order to require use of the clause in acquisitions conducted under part 212. This rule corrects that

oversight.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 212; 48 CFR 244; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 11/21/2011 76 FR 71926 

Comment Period End 01/23/2012 

Final Action 06/29/2012 77 FR 39141 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH40

 View Related Documents

Title: Updates to Wide Area WorkFlow (WAWF) (DFARS Case 2011-D027)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update policy and procedures

on electronic submission of payment requests and receiving reports through Wide Area WorkFlow (WAWF) and TRICARE

Encounter Data System (TEDS). WAWF is the accepted DoD system for generating invoices and receiving reports. TEDS is an

accepted system for processing payment requests for rendered TRICARE health care services.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 232; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:
Risks:

Timetable:

Action Date FR Cite

NPRM 11/21/2011 76 FR 71928 

NPRM Comment Period End 01/20/2012 

Final Action 06/29/2012 77 FR 38731 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH41

 View Related Documents

Title: Administering Trafficking in Persons Regulations (DFARS Case 2011-D051)

Abstract: DoD amended the Defense Federal Acquisition Supplement (DFARS) to add to the list of contract administration

functions a requirement to maintain surveillance over contractor compliance with trafficking in persons duties and responsibilities

when they are incorporated in contracts. While the clause at FAR 52.222-50, Trafficking in Persons, has been in effect since

February 2009, the listing of Government contract administration functions was not modified at that time to add surveillance of a

contractor's compliance with the clause requirements. Because the addition of this contract administration function is internal to

DoD and will not impact current contract requirements or contract clauses required, this is not a significant revision as defined

at Federal Acquisition Regulation (FAR) 1.501-1. Therefore, under the authority at FAR 1.501-3(a), this was published as a final

rule without first obtaining public comment. The rule added a contract administration function that is entirely internal to the

Government and will not impact contractors.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Final Action 11/18/2011 76 FR 71830 

Final Action Effective 11/18/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301
Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH42

 View Related Documents

Title: Contracting With the Canadian Commercial Corporation (DFARS Case 2011-D049)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the requirements for the

Canadian Commercial Corporation to submit data other than certified cost or pricing data. DoD has waived the requirement for

the Canadian Commercial Corporation and its subcontractors to submit certified cost or pricing data, but not the requirement to

submit data other than certified cost or pricing data. The rule clarifies the requirement for data other than certified cost or pricing

data when contracting with the Canadian Commercial Corporation. No domestic entities will be impacted by this rule because it

only applies to Canadian business concerns.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 215; 48 CFR 225; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 10/04/2011 76 FR 61296 

NPRM Correction 10/18/2011 76 FR 64297 

NPRM Comment Period End 12/05/2011 

Final Action 07/24/2012 77 FR 43470 

Final Action Effective 07/24/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH43

 View Related Documents

Title: Utilization of Domestic Photovoltaic Devices (DFARS Case 2011-D046)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement to implement section 846 of the National

Defense Authorization Act for Fiscal Year 2011. The section provides that photovoltaic devices to be utilized in performance of

any covered contract shall comply with the Buy American statute, subject to the exceptions provided in the Trade Agreements

Act of 1979 or otherwise provided by law. The rule amended DFARS subpart 225.70 by adding a new section 225.7017,
Utilization of domestic photovoltaic devices, as well as an associated provision and clause in DFARS part 252. DoD has not

made a determination to apply the requirement of section 846 of the National Defense Authorization Act (NDAA) for Fiscal Year

(FY) 2011 to contracts at or below the simplified acquisition threshold (SAT), but has determined to apply the rule to contracts

for the acquisition of commercial items. The objective of the rule is to promote utilization of domestic photovoltaic devices under

an energy savings contract, a utility service contract, or a private housing contract, if such contract does not include DoD

purchase of photovoltaic devices as end products, but will nevertheless result in DoD ownership of photovoltaic devices. Prime

contractors for this type of contract would generally be large businesses, based on the capital costs involved in these projects.

However, many developers tend to subcontract out the majority of work to smaller companies. We do not currently have data

available on whether any of the manufacturers of photovoltaic devices are small entities. DoD expects that this rule may have a

significant economic impact on a substantial number of small entities.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-383; 41 USC 1905; 41 USC 1906; 41 USC 1707

Legal Deadline: 

Action Source Description Date

Other Statutory 

The implementing statute became effective on 1/7/11. It is necessary to

publish an interim rule prior to affording the public an opportunity to

comment. 

01/07/2011 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 12/20/2011 76 FR 78858 

Interim Final Rule Effective 12/20/2011 

Interim Final Rule Comment Period End 02/21/2012 

Final Action 05/22/2012 77 FR 30368 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 602-8384 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH44

 View Related Documents

Title: Extension of DoD Mentor-Protégé Pilot Program (DFARS Case 2011-D050)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to extend the date for submittal of

applications under the DoD Mentor-Protégé Pilot Program for new mentor-protégé agreements and the date mentors may incur

costs and/or receive credit towards fulfilling their small business subcontracting goals through an approved mentor-protégé

agreement. This DFARS rule implements section 8016 of the National Defense Appropriation Act (NDAA) for Fiscal Year (FY)

2011 (Pub. L. 112-10). The NDAA for FY 2011 was signed into law on April 15, 2011. Section 8016 amends the DoD Mentor

Protégé Pilot Program (DoD MPP), section 831 of Public Law 110-510, (10 U.S.C. 2302, note) by changing the acceptance date

for new DoD MPP agreements from September 30, 2010, to September 30, 2011. The rule also changed the eligibility date by

which DoD mentors may incur costs for the purposes of receiving cost reimbursement or credit toward attainment of
subcontracting goal, from September 30, 2013, to September 30, 2014. This final rule merely extends the effective dates for an

existing DoD program, and has no significant cost or administrative impact on contractors.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 219; 48 CFR app I (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: PL 112-10; PL 110-510; 41 USC 1707

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Direct Final Rule 11/18/2011 76 FR 71467 

Final Action Effective 11/18/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH46

 View Related Documents

Title: Transition to the System for Award Management (SAM) (DFARS Case 2011-D053)

Abstract: DoD issued a final rule amending the DFARS for the transition of the Integrated Acquisition Environment systems to

the new System for Award Management (SAM) architecture. The Integrated Acquisition Environment (IAE) is an ElectronicGovernment initiative that aggregates Federal acquisition content by providing one website for regulations, systems, resources,

opportunities, and training. The website at https://www.acquisition.gov was designed to create an easily navigable resource that

is both more efficient and transparent.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 212; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:
Action Date FR Cite

Direct Final Rule 11/18/2011 76 FR 71464 

Final Action Effective 11/18/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH48

 View Related Documents

Title: New Designated Country-Armenia (DFARS Case 2011-D057)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to add Armenia as a World Trade

Organization Government Procurement Agreement (WTO GPA) country and a designated country, due to the accession of

Armenia to membership in the World Trade Organization Government Procurement Agreement. Because Armenia is now a WTO

GPA country and therefore also a designated country, as determined by the U.S. Trade Representative, this final rule added

Armenia to the lists of WTO GPA countries within the definition of "designated country" at DFARS 252.225-7021, Trade

Agreements, and 252.225-7045, Balance of Payments Program-Construction Material Under Trade Agreements. Conforming

changes were also made to the clause date at 252.225-7001(b)(12)(i). This final rule does not constitute a significant DFARS

revision as defined at FAR 1.501-1 because this rule will not have a significant cost or administrative impact on contractors or

offerors, or a significant effect beyond the internal operating procedures of the Government. Therefore, publication for public

comment under 41 U.S.C. 1707 was not required.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Direct Final Rule 01/30/2012 77 FR 4631 

Final Action Effective 01/30/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 
E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH50

 View Related Documents

Title: Trade Agreements Thresholds (DFARS Case 2012-D005)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate adjusted thresholds

for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as

determined by the United States Trade Representative. Every two years, the trade agreements thresholds are adjusted

according to a pre-determined formula set forth in the agreements. The final rule implemented the new thresholds in the clause

prescriptions at DFARS 225.1101 and 225.7503.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Direct Final Rule 01/30/2012 77 FR 4630 

Final Action Effective 01/30/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH51

 View Related Documents

Title: Disclosure to Litigation Support Contractors (DFARS Case 2011-D018)

Abstract: DoD is issuing an interim rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to

implement section 801 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011 to authorize an exception to

the statutory scheme that would otherwise prohibit Government litigation support contractors from accessing or using proprietary

technical data belonging to prime contractors and other third parties, provided that the support contractor is subject to

appropriate non-disclosure and use restrictions. Upon implementation, the Government will now be authorized to make limited

releases of otherwise-proprietary data to litigation support contractors—subject to certain protections. Additionally, the rule

mandates specific restrictions for the litigation support contractors that will receive the proprietary technical data, to ensure that

this use does not threaten the data owner's competitive advantage due to the proprietary information, and to provide the data
owner with a legal remedies against the support contractor for any breach of those use restrictions. This interim rule is not

expected to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601, et seq., because the rule merely provides policy and procedures to allow certain types of

Government litigation support contractors to have access to proprietary technical data belonging to prime contractors and other

third parties. DoD closed this case without further action on 01/18/2012. Case closed into DFARS Case 2012-D022.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303; PL 111-383

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Merged With 2012-D029 01/18/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH52

 View Related Documents

Title: DoD Voucher Processing (DFARS Case 2011-D054)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to update DoD's voucher

processing procedures and better accommodate the Wide Area Work Flow (WAWF) used to process vouchers. The rule revised

requirements for approving interim vouchers. DoD does not expect this rule impact small entities because this rule merely

updates DoD's internal voucher processing procedures.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:
Risks:

Timetable:

Action Date FR Cite

NPRM 01/19/2012 77 FR 2682 

NPRM Comment Period End 03/19/2012 

Final Action 08/29/2012 77 FR 52258 

Final Action Effective 08/29/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH53

 View Related Documents

Title: Shipping Instructions (DFARS Case 2011-D052)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update the form used by

contractors to request shipping instructions and the associated contract clause and clause prescription, and to relocate the

coverage within the DFARS to accommodate changes made to the FAR in 2006. No impact on small entities is anticipated

because the proposed changes merely relocate existing coverage (or delete obsolete coverage) and modify an existing DoD

form to delete references to Government bills of lading to accommodate recent transportation practices.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 01/30/2012 77 FR 4637 

NPRM Comment Period End 03/30/2012 

Final Action 06/29/2012 77 FR 39140 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil
Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH55

 View Related Documents

Title: Title 41 Positive Law Codification--Further Implementation (DFARS Case 2012-D003)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to conform statutory titles

throughout the DFARS to the new Positive Law Codification of title 41, United States Code, "Public Contracts." On January 4,

2011, Public Law 111-350 enacted a new codified version of title 41 United States Code (U.S.C.), entitled "Public Contracts."

Title 41 U.S.C. citations were updated under DFARS Case 2011-D036 (76 FR 58137, Sept 20, 2011). This rule makes further

changes to the previous titles of Acts that have changed in titles 40 and 41 (comparable to the proposed FAR rule under FAR

Case 2011-018), and other edits as necessary. DoD does not expect this rule to have a significant economic impact on a

substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule

does not change any policies or requirements. It just changes and updates references and terminology.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303; PL 111-350

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/20/2011 76 FR 78874 

NPRM Comment Period End 02/21/2012 

Final Action 06/15/2012 77 FR 35879 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 0750-AG38

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH56

 View Related Documents

Title: Order of Application for Modifications (DFARS Case 2012-D002)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to establish an order of

application for the effective date for modifications to resolve any potential conflicts that may arise from multiple modifications with

the same effective date. There are no rules to describe in what order to apply modifications to determine the actual content of a

resulting modified contract. In order to determine the sequence of modifications to a contract or order, a method for determining

the order of application for modifications is needed to resolve any conflict arising from multiple modifications with the same

effective date. This rule proposes to add DFARS text at 204.7007, Order of Application for Modifications, to resolve any potential

inconsistency.
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 204 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 01/19/2012 77 FR 2679 

NPRM Comment Period End 03/19/2012 

Final Action 05/22/2012 77 FR 30367 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH59

 View Related Documents

Title: Extension of the DoD Mentor Protégé Pilot Program (DFARS Case 2012-D024)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to extend the date for submittal of

applications under the DoD Mentor Protégé Pilot Program for new mentor-protégé agreements to September 30, 2015 and the

date mentors may incur costs and/or receive credit towards fulfilling their small business subcontracting goals through an

approved mentor-protégé agreement to September 30, 2018. This DFARS rule implemented section 867 of the National

Defense Appropriation Act for Fiscal Year 2012 (Pub. L. 112-81). Section 867 amends the DoD Mentor Protégé Pilot Program

(DoD MPP), section 831 of Public Law 110-510, (10 U.S.C. 2302, note).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 219; 48 CFR app I, ch 2 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: This DFARS rule implements section 867 of the National Defense Appropriation Act (NDAA) for Fiscal Year

(FY) 2012 (Pub. L. 112-81). Section 867 amends the DoD Mentor Protégé Pilot Program (DoD MPP), section 831 of Public Law

110-510, (10 U.S.C. 2302, note).

Action Source Description Date

Other Statutory Pub. L. 112-81, enacted 12-31.2011, the DoD Appropriations Act for

Fiscal Year 2012, which requires this action 12/31/2011 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:
Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Direct Final Rule 02/24/2012 77 FR 11367 

Direct Final Rule Effective 02/24/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH60

 View Related Documents

Title: Extension of Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans (DFARS Case 2012-

D026)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to extend the program period for

the DoD Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans. This rule implements section

834 of Public Law 101-189, (15 U.S.C. 637, note) by extending the duration of the CSP test program for three years, from

December 31, 2011 through December 31, 2014.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 219 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 112-81

Legal Deadline: Amends the DoD Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans,

section 834 of Public Law 101-189, (15 U.S.C. 637, note) by extending the duration of the CSP test program for three years,

from December 31, 2011 through December 31, 2014.

Action Source Description Date

Other Statutory Pub. L. 112-81, enacted on December 31, 2011, is the DoD

Appropriations Act for Fiscal Year 2012. 12/31/2011 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Direct Final Rule 02/24/2012 77 FR 11367 

Direct Final Rule Effective 02/24/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 
E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH61

 View Related Documents

Title: Commercial Determination Approval (DFARS Case 2011-D041)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to require higher-level approval for

commercial item determinations for acquisitions exceeding $1 million when the determination is based on "of a type" or "offered

for sale" language contained in the definition of commercial item. The final rule implemented a recommendation, by the Panel

on Contracting Integrity that was included in its 2009 Report to Congress, to address a contracting vulnerability in the definition

of commercial item. The Panel on Contracting Integrity working group concluded, after reviewing a sampling of commercial

contract awards, that contracting officer determinations are not always sufficiently documented in accordance with DFARS

212.102.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 212 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Direct Final Rule 03/12/2012 77 FR 14480 

Direct Final Rule Effective 03/12/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH65

 View Related Documents

Title: Inflation Adjustment of Threshold for Acquisition of Right-Hand Drive Passenger Sedans (DFARS Case 2012-D016)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 814(b)of the

National Defense Authorization Act for Fiscal Year 2012. Section 814(b) requires that the statutory limitation on the acquisition of

right-hand drive passenger sedans be included on the list of dollar thresholds subject to inflation adjustment. DFARS 212.271

was added to provide the escalated threshold of $40,000 per vehicle when acquiring right-hand drive passenger sedans.

DFARS 201.109(a) was to include the dollar limitation for the acquisition of right-hand drive passenger sedans in the list of

statutory acquisition-related dollar thresholds to be adjusted for inflation. The threshold was previously amended from "$12,000"

per vehicle to "$30,000" per vehicle in 1997 through section 805 of the Fiscal Year 1986 Department of Defense Appropriations

Act. No impact on small business is anticipated.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303; PL 112-81; 41 USC 1908; PL 99-190; 10 USC 2253(a)(2); PL 105-85

Legal Deadline: 

Action Source Description Date

Other Statutory enactment of PL 112-81 escalating the current threshold 12/31/2011 

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 03/30/2012 77 FR 19127 

Interim Final Rule Effective 03/30/2012 

Interim Final Rule Comment Period End 05/29/2012 

Final Action 08/29/2012 77 FR 52252 

Final Action Effective 08/29/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Manuel Quinones Department of Defense

Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH66

 View Related Documents

Title: New Threshold for Peer Reviews of Noncompetitive Contracts (DFARS Case 2012-D018)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to modify the threshold for

noncompetitive contract peer reviews. This rule reduced the threshold for DoD's noncompetitive peer reviews of solicitations and

contracts from the prior level of $1 billion to $500 million.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 201 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Direct Final Rule 03/30/2012 77 FR 19126 
Final Action Effective 04/30/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH67

 View Related Documents

Title: Repeal of Case-by-Case Reporting (DFARS Case 2012-D020)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 809(b) of the

National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2012, to remove a congressional notification requirement for

single source task- or delivery-order contract awards over $103 million.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 48 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Direct Final Rule 03/30/2012 77 FR 19132 

Direct Final Rule Effective 03/30/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Agency Contact: Mary Overstreet Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6093 

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH68

 View Related Documents

Title: Defense Federal Acquisition Regulation Supplement: Report on Waiver of Prohibition on Acquisition From Communist

Chinese Military Companies (DFARS Case 2012-D023)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the requirement in

the National Defense Authorization Act for Fiscal Year 2012 to report to the congressional defense committees 15 days before

issuing a waiver of the prohibition on acquisition of United States munitions list items from Communist Chinese military

companies. The current requirement is for a report within 30 days after the date of the waiver (pursuant to section 1211 of the
National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109-163), implemented at DFARS 225.770, Prohibition on

acquisitions of United States Munitions List items from Communist Chinese military companies). The rule also adds the

requirement to send a copy of the report to Defense Procurement and Acquisition Policy. No impact on small business is

anticipated because the rule merely alters the timing of the report to the congressional defense committees when issuing a

waiver of the prohibition on acquisition of United States Munitions List items from Communist Chinese military companies, adds

the requirement to send a copy of the report to Defense Procurement and Acquisition Policy, and further specifies the required

contents of the report. These requirements affect only the internal operating procedures of the Government.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303; PL 112-81; 41 USC 1707

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Final Action 05/22/2012 77 FR 30365 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

Department of Defense

Defense Acquisition Regulations Council

OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060

Washington , DC 20301-3060 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH71

 View Related Documents

Title: Contingency Contract Closeout (DFARS Case 2012-D014)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require additional planning,

monitoring, and executing activities for contract closeouts when the contracts are awarded for performance in contingency

areas. The rule implements a recommendation made by the Government Accountability Office (GAO) report 11-

891,"CONTINGENCY CONTRACTING: Improved Planning and Management Oversight Needed to Address Challenges with

Closing Contracts," dated August 23, 2011. The rule is not required to be published for public comment because this

amendment does not relate to the expenditure of appropriated funds, and has neither a significant effect beyond the internal

operating procedures of DoD, or a significant cost or administrative impact on contractors or offerors. These requirements affect

only the internal operating procedures of the Government.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:
Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Final Action 05/22/2012 77 FR 30366 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Ynette Shelkin Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-6089 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH75

 View Related Documents

Title: New Qualifying Country--Czech Republic (DFARS Case 2012-D043)

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to add the Czech Republic as a

qualifying country. On April 18, 2012, the Secretary of Defense signed a new reciprocal defense procurement agreement adding

the Czech Republic to the list of 21 other countries that have similar reciprocal defense procurement agreements with DoD. The

U.S-Czech Republic reciprocal defense agreement removes discriminatory barriers to procurements of supplies and services

produced by industrial enterprises of the other country to the extent mutually beneficial and consistent with national laws,

regulations, policies, and international obligations. The agreement does not cover construction or construction material. This rule

will not have a significant cost impact on small business.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 225; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Final Action 06/29/2012 77 FR 38736 

Final Action Effective 06/29/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Manuel Quinones Department of Defense
Defense Acquisition Regulations Council

4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350

Alexandria , VA 22350 

Phone: 571 372-6088 

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI24

 View Related Documents

Title: DoD Freedom of Information Act (FOIA) Program Regulation

Abstract: 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 286 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/19/2007 72 FR 71847 

NPRM Comment Period End 02/19/2008 

Second NPRM 02/00/2013 

Additional Information: DoD 5400.07-R

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James Hogan Department of Defense

Office of the Secretary

1155 Defense Pentagon, Washington, DC 20301-1115

Washington , DC 20301-1115 

Phone: 703 696-4995 

FAX: 703 696-4506

E-Mail: james.hogan@whs.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI41

 View Related Documents

Title: Defense Industrial Personnel Security Clearance Review Program

Abstract: This part updates policies and responsibilities of the Defense Industrial Personnel Security Clearance Review

Program and implements Executive Order 10865, as amended. It also designates the General Counsel of the Department of

Defense as the representative of the Secretary of Defense for oversight of the personnel security programs of the Department of

Defense.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 155 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 10865; EO 10909; EO 11382; EO 12829

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/00/2013 

Additional Information: DoD Instruction 5220.06

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Peregrine Russell-Hunter Department of Defense

Office of the Secretary

5000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 696-4751 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI53

 View Related Documents

Title: Procedural Guidance for Industrial Personnel Security Clearance Review Program

Abstract: This rule establishes detailed procedural guidance for evaluating whether to grant access to classified information. It

is DoD policy that all proceedings provided for by this part shall be conducted in a fair and impartial manner, in compliance with

Executive Order 10865 and 32 CFR part 155, and in a manner that gives all applicants for a security clearance notice and an

opportunity to be heard, consistent with the need to preserve the integrity of classified information and to protect the national

interest.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 160 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 1001; EO 10865

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/00/2013 

Additional Information: DoD Instruction 5220.aa
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Peregrine Russell-Hunter Department of Defense

Office of the Secretary

5000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 696-4751 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI68

 View Related Documents

Title: Deoxyribonucleic Acid (DNA) Family Reference Sample (FRS) Collection

Abstract: This rule establishes policy, assigns responsibilities, and prescribes procedures for Deoxyribonucleic Acid Family

Reference Sample collection activities related to the Department's efforts to account for persons unaccounted for from United

States' past conflicts.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 52 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 1501 to 1513

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 03/00/2013 

Additional Information: DoD Instruction 2310.ll

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Vince Baker Department of Defense

Office of the Secretary

2600 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 699-1221 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI71

 View Related Documents

Title: National Industrial Security Program: Procedures for Government Activities Relating to Foreign Ownership, Control or

Influence (FOCI)

Abstract: This proposed rule sets forth Industrial Security procedures and practices related to FOCI for United States

Government (USG) activities to ensure maximum uniformity and effectiveness in DoD implementation of the National Industrial

Security Program (NISP) in accordance with Executive Order 12829. DoD shall allow foreign investment consistent with the

national security interests of the United States, as established by Executive Order 11858. DoD FOCI procedures shall be used

to protect against foreign interests gaining unauthorized access to classified, export-controlled, or all communications security
(COMSEC) (classified or unclassified) information, adversely affecting the performance of classified contracts, and undermining

U.S. security and export controls.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 117 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 12829

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/00/2013 

Additional Information: DoD Manual 5220.22 volume 3

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

Agency Contact: Rogelio Torres Department of Defense

Office of the Secretary

5000 Defense Pentagon, Washington, DC 20301-5000

Washington , DC 20301-5000 

Phone: 703 695-7571 

E-Mail: rogelio.torres@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI73

 View Related Documents

Title: Withholding of Unclassified Technical Data From Public Disclosure

Abstract: This part establishes policy, prescribes procedures, and assigns responsibilities for the dissemination and

withholding of technical data pursuant to 10 U.S.C. 130. Pursuant to 10 U.S.C. 130 and 133, the 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 DoD, if such data may not be exported lawfully without an approval,

authorization, or license in accordance with Executive Order 13222 or pursuant to the Arms Export Control Act of 1976.

However, technical data may not be withheld under this section if regulations promulgated under either Executive Order 13222

or the Arms Export Control Act of 1976 authorize the export of such data pursuant to a general, unrestricted license or

exemption in such regulations. Because public disclosure of technical data subject to this part is tantamount to providing

uncontrolled foreign access, withholding such data from public disclosure, unless approved, authorized, or licensed in

accordance with export control laws, is necessary and in the national interest. Unclassified technical data that are not governed

by this part, unless otherwise restricted, shall continue to be made available to the public as well as to State and local

governments. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August

2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 250 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 133

Legal Deadline: None

Regulatory Plan:

Statement of Need:
Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/00/2013 

Additional Information: DoD Instruction 5230.25

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Vakare Valaitis Department of Defense

Office of the Secretary

3050 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 767-9159 

FAX: 703 767-8228

E-Mail: vvalaiti@dtic.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI75

 View Related Documents

Title: Presentation of DoD-Related Scientific and Technical Papers at Meetings

Abstract: This proposed rule supports current policies regarding classified meetings and requirements for review of scientific

and technical papers; provides guidance for reviewing and presenting papers containing export-controlled DoD technical data;

establishes procedures for obtaining DoD advice on independently-produced scientific and technical papers; and provides

criteria for identifying fundamental research activities performed under contract or grant that are excluded from review

requirements. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August

2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 249 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 133

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/00/2013 

Additional Information: DoD Instruction 5230.27

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Vakare Valaitis Department of Defense

Office of the Secretary
3050 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 767-9159 

FAX: 703 767-8228

E-Mail: vvalaiti@dtic.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI76

 View Related Documents

Title: DoD Guidance on Academic and Commercial Use of Research and Development Laboratory Facilities and Services

Abstract: This rule implements guidance for statutory authority, consistent with 10 USC 2539b, to provide samples, drawings,

and other information; to sell, rent, or lend government equipment or materials to various entities; and, to make available

facilities and equipment of a Department of Defense Research and Development (R&D) laboratory, research center, or range.

R&D shall be promoted within the academic and commercial sectors of the U.S. economy. The development of a national

industrial and technological base from which to sustain military technological superiority while enhancing productive capabilities

for the Nation overall shall enhance national security.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 207 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2539b

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 05/00/2013 

Additional Information: DoD Instruction 3202.01

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: Undetermined

Agency Contact: John W. Fischer Department of Defense

Office of the Secretary

875 North Randolph St, Arlington, VA 22203-1766

Arlington , VA 22203-1766 

Phone: 703 588-1476 

E-Mail: john.fischer@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI77

 View Related Documents

Title: Provision of Early Intervention and Special Education Services to Eligible DoD Dependents

Abstract: This rule reissues 32 CFR part 57 to establish policy and assign responsibilities to implement the non-funding

provisions 20 USC ch 33 (also known and hereinafter referred to as "The Individuals with Disabilities Education Act (IDEA)").

This includes the provision of early intervention services (EIS) to infants and toddlers with disabilities and their families, as well

as special education and related services to children with disabilities entitled under this part to receive education services from

DoD. It also includes the implementation of a comprehensive, multidisciplinary program of EIS for infants and toddlers with

disabilities and their DoD civilian-employed and military families, and the provision of a free appropriate public education
(FAPE), including special education and related services, for children with disabilities who are eligible to enroll in DoD Education

Activity (DoDEA) schools, as specified in their individualized education program (IEP). Monitoring of DoD programs providing

EIS, special education, and related services for compliance with this part are also included. This rule establishes a DoD

Coordinating Committee to recommend policies and provide compliance oversight for early intervention and special education.

The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's

full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 57 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2164; 20 USC 921 to 932; 20 USC ch 33

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 03/00/2013 

Additional Information: DoD Instruction 1342.12 and DoD Manual 1342.12

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Patricia Lynn Toppings Department of Defense

Office of the Secretary

Washington Headquarters Service, East Tower, Suite 02G09, 4800 Mark Center Drive, Alexandria, VA 22350-3100

Alexandria , VA 22350-3100 

Phone: 571 372-0485 

FAX: 571 372-0487

E-Mail: patricia.toppings@whs.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI80

 View Related Documents

Title: National Industrial Security Program: Industrial Security Procedures for Government Activities

Abstract: This part is composed of several volumes, each containing its own purpose. In accordance with the authority in

Department of Defense (DoD) Directive 5143.01, the purpose of the overall part is to implement policy, assign responsibilities,

establish requirements and provide procedures, consistent with Executive Order 12829, "National Industrial Security Program";

DoD Instruction 5220.22; and E.O. 10865, "Safeguarding classified information within industry," for the protection of classified

information that is disclosed to, or developed by contractors, licensees, and grantees of the U.S. Government (USG). This part

sets forth Industrial Security policies, procedures and practices applicable to USG activities using the Department of Defense

(DoD) as their Cognizant Security Agency (CSA), to ensure maximum uniformity and effectiveness in DoD implementation of the

NISP in accordance with E.O. 12829. These DoD Components and non-DoD agencies are hereafter referred to as Government

Contracting Activities (GCAs).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 167 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 12829; EO 13526

Legal Deadline: None

Regulatory Plan:

Statement of Need:
Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 03/00/2013 

Additional Information: DoD Manual 5220.22 volume 2

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Valerie Heil Department of Defense

Office of the Secretary

5000 Defense Pentagon , Washington, DC 20301

Washington , DC 20301 

Phone: 703 604-1112 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI81

 View Related Documents

Title: Child Development Programs (CDPs)

Abstract: This rule revises 32 CFR part 79 to: (a) Update policy, responsibilities, and procedures for providing care to minor

children birth through age 12 of individuals eligible for care in DoD CDPs to include center-based care, family child care (FCC),

school-age care (SAC), supplemental child care, and community based care; (b) authorize the publication of supporting

guidance for the implementation of CDP policies and responsibilities, including child development training modules, program

aids, and other management tools; and (c) establish the DoD Effectiveness Rating and Improvement System (ERIS).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 79 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 1783, 1791 through 1800, 2809, and 2812

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/00/2013 

Additional Information: DoD Instruction 6060.02

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Zuleika Hernandez Department of Defense

Office of the Secretary

4000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 
Phone: 703 695-3629 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI82

 View Related Documents

Title: Exceptional Family Member Program (EFMP)

Abstract: This part establishes the Exceptional Family Member Program (EFMP) and provides guidance, assigns

responsibilities and prescribes procedures for identifying a family member with special needs, providing family support to military

families that include a family member with special needs, authorizing travel at Government expense for active duty Service

family members with special needs, and, processing DoD civilian employees who have family members with special needs for

an overseas assignment.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 75 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 1781C

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/00/2013 

Additional Information: DoD Instruction 1315.19

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Tyner Edward Department of Defense

Office of the Secretary

4000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 588-0099 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI84

 View Related Documents

Title: National Defense Science and Engineering Graduate (NDSEG) Fellowships

Abstract: This part establishes guidelines for the award of National Defense Science and Engineering Graduate (NDSEG)

Fellowships, as required by 10 U.S.C. 2191. NDSEG fellowships shall be awarded solely to U.S. citizens and nationals who

agree to pursue graduate degrees in science, engineering, or other designated fields of study to be of priority to the DoD. The

revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full

plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 168a (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2191

Legal Deadline: None
Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 06/00/2013 

Additional Information: DoD Instruction 3218.02

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Laura Adolfie Department of Defense

Office of the Secretary

3030 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 588-1479 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI87

 View Related Documents

Title: Defense Logistics Agency Freedom of Information Act Program

Abstract: The Defense Logistics Agency (DLA) proposes to revise and update its existing rule implementing 32 CFR part 286,

Department of Defense Freedom of Information Act Program. This rule implements 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 will be redesignated as part 300.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 10/15/2012 77 FR 62469 

NPRM Comment Period End 12/14/2012 

Final Action 06/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Deborah Teer Department of Defense

Office of the Secretary
3000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 767-5247 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI89

 View Related Documents

Title: Foreign Criminal and Civil Jurisdiction

Abstract: This proposed rule updates DoD policy and procedures concerning trial by foreign courts and treatment in foreign

prisons of U.S. Armed Forces personnel, dependents of U.S. Armed Forces personnel, and nationals and non-nationals of the

United States serving with, employed by, or accompanying the U.S. Armed Forces in an area outside the United States and

territories and possessions of the United States, the northern Mariana Islands, and the Commonwealth of Puerto Rico, and

dependents of such persons (hereinafter referred to collectively as U.S. personnel).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 151 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 47; 10 USC 1037

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/00/2013 

Additional Information: DoD Instruction 5525.01

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Bart Wager Department of Defense

Office of the Secretary

1600 Defense Pentagon, Washington, DC 20301-1600

Washington , DC 20301-1600 

Phone: 703 571-9355 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI90

 View Related Documents

Title: DoD Assistance to Non-Government, Entertainment-Oriented Media Productions

Abstract: This part establishes policy, assigns responsibilities, and prescribes procedures for DoD assistance to nonGovernment entertainment media productions such as feature motion pictures, episodic television programs, documentaries,

and computer-based games. It provides substantially increased oversight of production support at higher headquarters and DoD

level. A number of important improvements in policy were made to eliminate inconsistencies and ambiguities, and thereby

preclude the possibility of inappropriately providing production support in the future.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 238 (To search for a specific CFR, visit the Code of Federal Regulations ) 
Legal Authority: 31 USC 9701

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 03/00/2013 

Additional Information: DoD Instruction 5410.16

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Phillip Strub Department of Defense

Office of the Secretary

1400 Defense Pentagon, Washington, DC 20301-1400

Washington , DC 20301-1400 

Phone: 703 695-2936 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI91

 View Related Documents

Title: Processing Complaints of Discrimination

Abstract: This proposed rule provides procedures for processing complaints of discrimination in employment on the basis of

race, color, religion, sex (including pregnancy, gender stereotyping), age (40 or older), national origin, disability (physical and/or

mental), genetic information, and/or retaliation for opposing discrimination or participating in the Equal Employment Opportunity

(EEO) process.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 225 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 05/00/2013 

Additional Information: Administrative Instruction 9

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No

Agency Contact: Che Lopez Department of Defense

Office of the Secretary

1155 Defense Pentagon, Washington, DC 20301-1155

Washington , DC 20301-1155 

Phone: 571 372-0845 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI93

 View Related Documents

Title: Financial Assistance to Local Educational Agencies (LEAs)

Abstract: This rule assigns responsibilities and prescribes procedures for providing payments to eligible LEAs that provide

services to qualifying military dependent students with severe disabilities. It updates the responsibilities and procedures for

providing financial assistance to eligible LEAs to benefit qualifying dependent students of the Military Services and DoD civilian

employees.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 58 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 20 USC 7703; 20 USC 7703a; 20 USC 7703b

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 05/00/2013 

Additional Information: DoD Instruction 1342.18

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Martha Jacobson Department of Defense

Office of the Secretary

4040 North Fairfax Drive, Arlington, VA 22203-1635

Arlington , VA 22203-1635 

Phone: 571 372-1900 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI94

 View Related Documents

Title: Public Affairs Relations with Businesses, Business-Related Organizations, and Other Non-Governmental Organizations

Abstract: This rule establishes policy and assigns responsibilities for interacting with appropriate non-governmental

organizations (NGOs); provides guidance relative to policies and programs for: (1) providing information to business, businessrelated associations, industry, and other appropriate NGOs; (2) participating in activities involving businesses or NGOs having

business or industry members; and (3) using DoD material, uniforms, and insignia for commercial purposes.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 248 (To search for a specific CFR, visit the Code of Federal Regulations ) 
Legal Authority: 17 USC 106 to 122

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 07/00/2013 

Additional Information: DoD Instruction 5410.20

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Adrian Starks Department of Defense

Office of the Secretary

1400 Defense Pentagon, Washington, DC 20301-1400

Washington , DC 20301-1400 

Phone: 703 695-6290 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI19

 View Related Documents

Title: Service Academies

Abstract: The Department is revising and updating policy guidance and oversight of the Military Service Academies. This rule

implements 10 U.S.C. 403, 603, and 903 for the establishment and operation of the United States Military Academy, the United

States Naval Academy, and the United States Air Force Academy. Administrative costs are negligible and benefits are clear,

concise rules that enable the Secretary of Defense to insure that the Service Academies are efficiently operated and meet the

needs of the armed forces. The proposed rule was published October 18, 2007 (72 FR 59053), and included policy that has

since changed. The final rule, particularly the explanation of separation policy, will reflect recent changes in the Don't Ask, Don't

Tell policy.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 217 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 301

Legal Deadline: None

Regulatory Plan:

Statement of Need: The Department of Defense revises and updates the current rule providing the policy guidance and

oversight of the Military Service Academies. This rule implements 10 U.S.C. 403, 603, and 903 for the establishment and

operation of the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy.

Legal Basis: 10 U.S.C. Chapters 403, 603, 903.

Alternatives: None. The Federal statute directs the Department of Defense to develop policy, assign responsibilities, and

prescribe procedures for operations and oversight of the Service academies.

Costs and Benefits: Administrative costs are negligible and benefits would be clear, concise rules that enable the Secretary

of Defense to ensure that the Service Academies are efficiently operated and meet the needs of the armed forces.

Risks: None.

Timetable:

Action Date FR Cite

NPRM 10/18/2007 72 FR 59053 
NPRM Comment Period End 12/17/2007 

Final Action 03/00/2013 

Additional Information: DoD Instruction 1322.22

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Paul Nosek Department of Defense

Office of the Secretary

4000 Defense Pentagon, Washington, DC 20301-4000

Washington , DC 20301-4000 

Phone: 703 695-5529 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI27

 View Related Documents

Title: Federal Voting Assistance Program (FVAP)

Abstract: This part establishes policy for the development and implementation, jointly with each State, of procedures for

persons to apply to register to vote at recruitment offices of the Armed Forces, pursuant to section 1973gg of title 42, United

States Code. This rule dictates that Military Recruitment offices shall distribute the "National Voter Registration Form" to each

eligible citizen and provide assistance in completing the form unless the applicant refuses such assistance.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 233 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 1973gg

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 09/18/2012 77 FR 57486 

Interim Final Rule Effective 09/18/2012 

Interim Final Rule Comment Period End 11/19/2012 

Final Action 05/00/2013 

Additional Information: DoD Instruction 1000.04

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John Godley Department of Defense

Office of the Secretary

4000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 588-8108 

FAX: 703 696-1352

E-Mail: john.godley@fuap.ncr.gov

Department of Defense (DOD) 
Office of the Secretary ( OS ) RIN: 0790-AI29

 View Related Documents

Title: Office of the Secretary of Defense and Joint Staff Freedom of Information Act Program

Abstract: Establishes Office of the Secretary of Defense (OSD) policy, assigns responsibilities, and prescribes procedures for

the effective administration of the FOIA Program in OSD and the Joint Staff.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 288 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 10/09/2008 73 FR 59579 

NPRM Comment Period End 12/08/2008 

Final Action 04/00/2013 

Additional Information: Administrative Instruction 108

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: James Hogan Department of Defense

Office of the Secretary

1155 Defense Pentagon, Washington, DC 20301-1115

Washington , DC 20301-1115 

Phone: 703 696-4995 

FAX: 703 696-4506

E-Mail: james.hogan@whs.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI30

 View Related Documents

Title: Defense Contract Management Agency (DCMA) Privacy Program

Abstract: 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 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 325 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552a

Legal Deadline: None

Regulatory Plan:
Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 10/09/2008 73 FR 59582 

NPRM Comment Period End 12/08/2008 

Final Action 01/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Debbie Gendreau Department of Defense

Office of the Secretary

Suite 300, 6350 Walker Lane, Alexandria, VA 22310

Alexandria , VA 22310 

Phone: 703 428-1487 

FAX: 703 428-3579

E-Mail: debbie.gendreau@dcma.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI36

 View Related Documents

Title: Sexual Assault Prevention and Response Program Procedures

Abstract: This rule implements policy, assigns responsibilities, provides guidance and procedures, and establishes the Sexual

Assault Advisory Council for the DoD Sexual Assault Prevention and Response program consistent with the Task Force Report

on Care for Victims of Sexual Assault, and pursuant to 10 U.S.C. 113 and 32 CFR part 103. The intent of the program is to

prevent and eliminate sexual assault within the Department by providing comprehensive procedures to better establish a culture

of prevention, response, and accountability that enhances the safety and well-being of all DoD members.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 105 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 47 sec 113

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule implements policy, assigns responsibilities, and provides guidance and procedures for the

SAPR Program. It establishes the processes and procedures for the Sexual Assault Forensic Examination (SAFE) Kit; the

multidisciplinary Case Management Group to include guidance for the group on how to handle sexual assault; SAPR minimum

program standards; SAPR training requirements; and SAPR requirements for the DoD Annual Report on Sexual Assault in the

Military.

Legal Basis: Section 113 of Title 10, United States Code (U.S.C.); and Public Laws 109-364, 109-163, 108-375, 106-65,

110-417, and 111-84.

Alternatives: The Sexual Assault Prevention and Response Office (SAPRO) will lack updated and revised rules for

implementing DoD policy on prevention and response to sexual assaults involving members of the U.S. Armed Forces if this

rule is not implemented.

Costs and Benefits: The preliminary estimate of the anticipated cost associated with this rule for the current fiscal year

(2011) is approximately $14.819 million. Additionally, each of the Military Services establishes its own SAPR budget for the

programmatic costs arising from the implementation of the training, prevention, reporting, response, and oversight requirements

established by this rule. The anticipated benefits associated with this rule include: (1) Guidance with which the Department may

establish a culture free of sexual assault by providing an environment of prevention, education and training, response capability,

victim support, reporting procedures, and appropriate accountability that enhances the safety and well being of all persons

covered by this rule; (2) Treatment of sexual assault patients as emergency cases, which prevents loss of life or suffering
resulting from physical injuries (internal or external), sexually transmitted infections, pregnancy, and psychological distress; (3)

The availability of two reporting options for Service members and their dependents who are 18 years of age or older covered by

this rule who are victims of sexual assault. The two reporting options are as follows: (a) Unrestricted Reporting allows an eligible

person who is sexually assaulted to access medical treatment and counseling and request an official investigation of the

allegation using existing reporting channels (e.g., chain of command, law enforcement, healthcare personnel, the Sexual

Assault Response Coordinator [SARC]). When a sexual assault is reported through Unrestricted Reporting, a SARC shall be

notified as soon as possible, respond, assign a SAPR Victim Advocate (VA), and offer the victim medical care and a sexual

assault forensic examination (SAFE); and (b) Restricted Reporting allows sexual assault victims to confidentially disclose the

assault to specified individuals (i.e., SARC, SAPR VA, or healthcare personnel), in accordance with DoD Directive (DoDD)

5400.11, and receive medical treatment, including emergency care, counseling, and assignment of a SARC and SAPR VA,

without triggering an official investigation. The victim's report to healthcare personnel (including the information acquired from a

SAFE Kit), SARCs, or SAPR VAs will not be reported to law enforcement, or to the victim's command to initiate the official

investigative process, unless the victim consents or an established exception applies in accordance with DoD Instruction (DoDI)

6495.02. The Department's preference is for complete Unrestricted Reporting of sexual assaults to allow for the provision of

victims' services and to pursue accountability. However, Unrestricted Reporting may represent a barrier for victims to access

services, when the victim desires no command or law enforcement involvement. Consequently, the Department recognizes a

fundamental need to provide a confidential disclosure vehicle via the Restricted Reporting option. (4) Service members who are

on active duty but were victims of sexual assault prior to enlistment or commissioning are eligible to receive SAPR services and

utilize either reporting option. The focus of this rule and DoDI 6495.02 is on the victim of sexual assault. The DoD shall provide

support to an active duty Service member regardless of when or where the sexual assault took place; and (5) Guidance for the

development of response capabilities that will enable sexual assault victims to recover, and, if Service members, to be fully

mission capable and engaged.

Risks: The rule intends to enable military readiness by establishing a culture free of sexual assault. Sexual assault poses a

serious threat to military readiness because the potential costs and consequences are extremely high: chronic psychological

consequences may include depression, post-traumatic stress disorder, and substance abuse. In the U.S. Armed Forces, sexual

assault not only degrades individual resilience but also may erode unit integrity. An effective fighting force cannot tolerate sexual

assault within its ranks. Sexual assault is incompatible with military culture and mission readiness, and risks to mission

accomplishment. This rule aims to mitigate this risk to mission readiness.

Timetable:

Action Date FR Cite

Interim Final Rule 12/00/2012 

Additional Information: DoD Instruction 6495.02

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Teresa Scalzo Department of Defense

Office of the Secretary

4000 Defense Pentagon, Washington, DC 20301-1155

Washington , DC 20301-1155 

Phone: 703 696-8977 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI37

 View Related Documents

Title: Sexual Assault Prevention and Response (SAPR) Program

Abstract: This part to establishes comprehensive DoD policy and assigns responsibilities for the SAPR Program on prevention,

response, and oversight to sexual assault. It is DoD policy to establish a culture free of sexual assault by providing an

environment of prevention, education and training, response capability, victim support, reporting procedures, and accountability

that enhances the safety and well being of all persons covered by this part.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 103 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 113

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:
Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 01/27/2012 77 FR 4239 

Interim Final Rule Effective 01/27/2012 

Interim Final Rule Comment Period End 03/27/2012 

Final Action 01/00/2013 

Additional Information: DoD Directive 6495.01

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Teresa Scalzo Department of Defense

Office of the Secretary

4000 Defense Pentagon, Washington, DC 20301-1155

Washington , DC 20301-1155 

Phone: 703 696-8977 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI42

 View Related Documents

Title: Department of Defense Personnel Security Program

Abstract: This part updates 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 establishes investigative and

adjudicative policy for the Department's personal identity verification (PIV) credential.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 156 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 02/02/2011 76 FR 5729 

NPRM Comment Period End 04/04/2011 

Final Action 02/00/2013 

Additional Information: DoD Instruction 5200.02

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Stacey Jefferson Department of Defense

Office of the Secretary
5000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 604-1236 

FAX: 703 604-1230

E-Mail: stacey.jefferson.ctr@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI43

 View Related Documents

Title: Post 9-11 GI Bill

Abstract: This rule establishes policy, assigns responsibilities, and prescribes procedures for carrying out the Post 9/11 GI Bill.

It establishes policy for the use of supplemental educational assistance "kickers" for members with critical skills or specialties, or

for members serving additional service; for authorizing the transferability of education benefits; and for the DoD Education

Benefits Fund Board of Actuaries.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 65 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 38 USC ch 333

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 06/25/2009 74 FR 30212 

Interim Final Rule Effective 06/25/2009 

Interim Final Rule Comment Period End 07/27/2009 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert E. Clark Department of Defense

Office of the Secretary

4000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 697-9267 

FAX: 703 614-9272

E-Mail: bob.clark@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI45

 View Related Documents

Title: Recoupment of Nonrecurring Costs (NCs) on Sales of U.S. Items

Abstract: This rule updates policy, responsibilities, and procedures to conform with section 21(e)(1)(B) of Public Law 90-629

and section 9701 of title 31, United States Code for calculating and assessing NCs recoupment charges on sales of items

developed for or by the Department of Defense to non-U.S. Government customers. The non-Government customers benefit

from the sale of the items. All costs related to the sale of the items are fully reimbursable by the non-U.S. Government. The

DoD does not incur cost or receive profit for the items sold.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 165 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 90-629; 31 USC 9701

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 11/04/2011 76 FR 68376 

NPRM Comment Period End 01/13/2012 

Final Action 03/00/2013 

Additional Information: DoD Instruction 2140.02

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Kathryn Gillis Department of Defense

Office of the Secretary

1155 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 697-6875 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI48

 View Related Documents

Title: Operational Contract Support

Abstract: In accordance with Public Law 110-181 and Public Law 110-417, DoD is revising policy and assigning

responsibilities for program management of operational contract support (OCS) in contingency operations and integration of

DoD contractor personnel into military contingency operations outside the United States. An interim final rule is required to

procedurally close gaps and ensure the correct planning, oversight and management of DoD contractors supporting contingency

operations, by updating the existing outdated policy. The existing policies are causing significant confusion, as they do not reflect

current practices and legislative mandates. The apparent mismatch between local Geographic Command guidance and the

DoD-wide policies and the Defense Federal Acquisition Regulations Supplement is confusing for those in the field--in particular

policy with regard to accountability and visibility requirements. Since the Presidential decision to expand the number of troops in

Afghanistan and the subsequent increase of troops and contractors in theater, this issue has become so significant that DoD

needs to revise the DoD-wide policies as a matter of urgency.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 158 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-181

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule revises policy and assigns responsibilities for program management of operational contract

support (OCS) in contingency operations and integration of DoD contractor personnel into military contingency operations

outside the United States. GAO, the Commission on Wartime Contracting, and the Special Inspector General for Iraq

Reconstruction / Afghanistan Reconstruction are among those who have highlighted the urgent requirement to update the

policy.

Legal Basis: Parts of the rule are required by section 861 of the 2008 NDAA, Public Law 110-181 and Public Law 110-417.
Alternatives: Given the legal requirement to revise this regulation and separately publish a corresponding revision to the

Federal Acquisition Regulation, we did not consider any alternatives.

Costs and Benefits: This regulation establishes policies and procedures for the oversight and management of contractors

supporting contingency operations outside the United States; therefore, there is no cost to public. Updated and refined policy

regarding contractors supporting contingency operations will result in improved management, oversight and efficiency.

Risks: This rule represents an update to the existing DoD Instruction and incorporates the latest changes in policy and

procedures. This revision is required to integrate lessons learned and improvements in practices gleaned from five years of

operational experience. The risk of not publishing this rule is that there would be outdated policy which doesn't reflect practices

in the field. This will lead to inefficient and ineffective management of the contractor workforce supporting contingency

operations.

Timetable:

Action Date FR Cite

Interim Final Rule 12/29/2011 76 FR 81807 

Interim Final Rule Effective 12/29/2011 

Interim Final Rule Comment Period End 02/27/2012 

Final Action 01/00/2013 

Additional Information: DoD Instruction 3020.41

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Kerry Powell Department of Defense

Office of the Secretary

3500 Defense Pentagon, Washington, DC 20201-3500

Washington , DC 20201-3500 

Phone: 703 614-1944 

FAX: 703 697-4942

E-Mail: kerry.powell@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI50

 View Related Documents

Title: Voluntary Education Programs

Abstract: This rule will implement policy, assign responsibilities, and prescribe procedures for the operation of voluntary

education programs within DoD. Included are: procedures for Service members participating in education programs; guidelines

for establishing, maintaining, and operating voluntary education programs, including but not limited to, instructor-led courses

offered on-installation and off-installation, as well as via distance learning; procedures for obtaining on-base voluntary education

programs and services; minimum criteria for selecting institutions to deliver higher education programs and services on military

installations; the establishment of a DoD Voluntary Education Partnership Memorandum of Understanding between DoD and

educational institutions receiving tuition assistance payments; and procedures for other education programs for Service

members and their adult family members.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 32 CFR 68 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2005; 10 USC 2007

Legal Deadline: None

Regulatory Plan:

Statement of Need: A March 2011 Government Accountability Office report on the DoD TA program recommended the

Department take steps to enhance its oversight of schools receiving TA funds. As a result, a DoD Memorandum of

Understanding (MOU) requirement was included in this rule, which is designated not only to improve Departmental oversight but

also to account for our Service members' unique lifestyle requirements. The purpose of the DoD MOU is to establish a

partnership between the Department and institutions to improve educational opportunities while protecting the integrity of each

institution's core educational values. This partnership serves to ensure a quality, viable program exists that provides for our

Service members to realize their educational goals, while allowing for judicious oversight of taxpayer dollars.

Legal Basis: Sections 2005 and 2007 of title 10, United States Code.
Alternatives: None.

Costs and Benefits: Voluntary Education Programs include: High School Completion /Diploma; Military Tuition Assistance

(TA); Postsecondary Degree Programs; Independent Study and Distance Learning Programs; College Credit Examination

Program; Academic Skills Program; and Certification/Licensure Programs. Funding for Voluntary Education Programs during

2009 was $800 million, which included tuition assistance and operational costs. This funding provided more than 650,000

individuals (Service members and their adult family members) with the opportunity to participate in Voluntary Education

Programs around the world.

Risks: None.

Timetable:

Action Date FR Cite

NPRM 08/06/2010 75 FR 47504 

NPRM Comment Period End 10/05/2010 

Final Action 12/00/2012 

Additional Information: DoD Instruction 1322.25

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Kerrie Tucker Department of Defense

Office of the Secretary

Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 602-4949 Extension: 117 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI51

 View Related Documents

Title: DoD Freedom of Information Act (FOIA) Program; Amendment

Abstract: The Department of Defense is proposing to update current policies and procedures to reflect the DoD FOIA 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 285 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 09/30/2010 75 FR 60397 

NPRM Comment Period End 11/29/2010 

Final Action 04/00/2013 

Additional Information: DoD Directive 5400.07

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No
Agency Contact: James Hogan Department of Defense

Office of the Secretary

1155 Defense Pentagon, Washington, DC 20301-1115

Washington , DC 20301-1115 

Phone: 703 696-4995 

FAX: 703 696-4506

E-Mail: james.hogan@whs.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI54

 View Related Documents

Title: Defense Support of Civilian Law Enforcement Agencies

Abstract: This rule provides specific policy direction and assigns responsibilities with respect to DoD support provided to

Federal, State, and local civilian law enforcement efforts, including responses to civil disturbances. DoD shall cooperate with

civilian law enforcement officials consistent with the needs of national security and military readiness, while recognizing and

conforming to the legal limitations of direct military involvement in civilian law enforcement activities as prescribed in this part.

The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's

full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 182 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/28/2010 75 FR 81547 

NPRM Comment Period End 02/28/2011 

Final Action 02/00/2013 

Additional Information: DoD Instruction 3025.ff

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

Agency Contact: Clark Lystra Department of Defense

Office of the Secretary

2600 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 697-5821 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI60

 View Related Documents

Title: Defense Industrial Base (DIB) Cyber Security/Information Assurance (CS/IA) Activities

Abstract: In accordance with Executive Order 12829, this rule will establish policy, assign responsibilities, and delegate

authority for directing the conduct of Defense Industrial Base (DIB) Cyber Security/Information Assurance (CS/IA) activities to

protect unclassified DoD information that transits or resides on unclassified DIB information systems and networks.
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 12829

Legal Deadline: None

Regulatory Plan:

Statement of Need: Adversaries target Defense Industrial Base (DIB) unclassified networks daily. Unauthorized access and

compromise of DoD unclassified information poses an unacceptable risk and imminent threat to U.S. national and economic

security. DoD's voluntary DIB Cyber Security and Information Assurance (CS/IA) program enhances and supplements DIB

participants' capabilities to safeguard DoD information on DIB unclassified information systems.

Legal Basis: Government and private sector information assurance, which includes cyber threat information sharing, is an

urgent U.S. national and economic security priority. The following authorities and policy guidance identify government-industry

partnerships as necessary to contend with advanced cyber threats and support the collection of cyber incident information from

the DIB. DoD Information Assurance (IA): DoD is required by statute to establish programs and activities to protect DoD

information and DoD information systems, including information and information systems operated and maintained by

contractors or others in support of DoD activities. Section 2224 of title 10, U.S. Code (U.S.C.), requires DoD to establish a

Defense IA Program to protect and defend DoD information, information systems, and information networks that are critical to

the Department during day to day operations and operations in times of crisis. (10 U.S.C. section 2224(a)). The program must

provide continuously for the availability, integrity, authentication, confidentiality, non-repudiation, and rapid restitution of

information and information systems that are essential elements of the Defense information infrastructure. (10 U.S.C. section

2224(b)). The program strategy also must include vulnerability and threat assessments for defense and supporting non-defense

information infrastructures, joint activities with elements of the national information infrastructure, and coordination with

representatives of those national critical infrastructure systems that are essential to DoD operations. (10 U.S.C. section

2224(c)). The program must provide for coordination, as appropriate, with the heads of any relevant federal agency and with

representatives of those national critical information infrastructure systems that are essential to the operations of the

Department regarding information assurance measures necessary to the protection of these systems. (10 U.S.C. section

2224(d)). Federal Information Security: The Defense IA Program also must ensure compliance with Federal information security

requirements of the Federal Information Security Management Act (FISMA), 44 U.S.C. section 3541 et seq. FISMA requires all

federal agencies to provide information security protections for information collected or maintained by, or on behalf of, the

agency. Information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of

an agency must be in accordance with 44 U.S.C. section 3544(a)(1)(A). Agencies are expressly required to develop, document,

and implement programs to provide information security for information and information systems that support the operations and

assets of the agency, including those provided by another agency, contractor, or other source in accordance with 44 U.S.C.

section 3544(b). Critical Infrastructure Protection (CIP): Under Homeland Security Presidential Directive 7 (HSPD-7), "Critical

Infrastructure Identification, Prioritization, and Protection," the Department of Defense is the Sector Specific Agency (SSA) for

the Defense Industrial Base (DIB) sector (HSPD-7), (18)(g)), and thus engages with the DIB on a wide range of CIP matters,

including but not limited to cyber security. HSPD-7 charges the SSAs to: collaborate with all relevant Federal departments and

agencies, State and local governments, and the private sector, including with key persons and entities in their infrastructure

sector; conduct or facilitate vulnerability assessments of the sector; and encourage risk management strategies to protect

against and mitigate the effects of attacks against critical infrastructure and key resources. (HSPD-7), (19)). The Department of

Homeland Security (DHS) leads the national effort to protect public and private critical infrastructure. (HSPD-7), (7)). This

includes coordinating implementation activities between federal agencies, state and local authorities, and the private sector.

Regarding cyber security, these efforts are to include analysis, warning, information sharing, vulnerability reduction, mitigation,

and aiding national recovery efforts for critical infrastructure information systems. (HSPD-7), (12)) More specifically, regarding

coordination with the private sector, HSPD-7 provides that DHS and the SSAs "will collaborate with appropriate private sector

entities and continue to encourage the development of information sharing and analysis mechanisms [to] identify, prioritize, and

coordinate the protection of critical infrastructure and key resources; and to facilitate sharing of information about physical and

cyber threats, vulnerabilities, incidents, potential protective measures, and best practices." (HSPD-7), (25)).

Alternatives: Private sector DIB company participation in the DIB CS/IA program is completely voluntary, allowing DIB

companies to elect whether to participate in the program, or to choose from any other available alternatives, based on their

individual approaches to cyber security and information security. The DIB CS/IA bilateral information sharing activities are a core

element of the DoD's multi-pronged approach to fulfill its information assurance responsibilities and cyber security. The program

enhances and supplements DIB participants' capabilities to safeguard DoD information that resides on, or transits, DIB

unclassified information systems.

Costs and Benefits: Participation in the DIB CS/IA program is voluntary and does not obligate the DIB participant to use

government furnished information (GFI) in, or otherwise to implement any changes to, its information systems. Any action taken

by the DIB participant based on GFI or other participation in this program is taken on the DIB participant's own volition and at

the participant's own risk and expense. As a voluntary program in which the DIB participants and the Government each bear

independent responsibility for their own activities, the costs to both the private sector and to the government are minimized.

This voluntary participation will not create an inconsistency or otherwise interfere with any action taken or planned by another

Agency. We do not believe that it raises novel legal policy issues arising out of legal mandates, the President's priorities, or

principles set forth in Executive Orders. All DIB participants must have or obtain DoD-approved, medium assurance certificates

to enable encrypted unclassified information sharing between DoD and DIB participants. Cost of the DoD approved medium
assurance certificates is approximately $175 for each individual identified by the DIB participant. See http://iase.disa.mil/pki/eca/

for more information about DoD-approved certificates. For classified information sharing, each DIB participant will have start up

costs of approximately $3,000 per DIBNet-Secret terminal installed in their cleared facility(ies). An estimate of $1,000 per year

is projected as sustainment costs for each classified DIBNet-Secret terminal, including associated personnel costs for

maintaining software updates for each stand-alone terminal. There is an estimated annual burden for DIB participants projected

at $1,367 for incident reporting. This is based on a DIB participant reporting average of 5 cyber incidents a year affecting DoD

information, with 7 hours of labor per incident, at a cost of $39.06 per man hour. These man hour costs are according to the

Bureau of Labor Statistics, Occupational Employment and Wages, May 2010, and depending upon the number of cyber

incidents experienced and their severity, the annual burden could increase. These costs provide beneficial capabilities to

enhance and supplement DIB participants' capabilities to safeguard DoD information that resides on, or transits, DIB

unclassified information systems.

Risks: Cyber threats to DIB unclassified information systems represent an unacceptable risk of compromise of DoD

information and pose an imminent threat to U.S. national security and economic security interests. DoD's voluntary DIB CS/IA

program enhances and supplements DIB participant's capabilities to safeguard DIB information that resides on, or transits, DIB

unclassified information systems.

Timetable:

Action Date FR Cite

Interim Final Rule 05/11/2012 77 FR 27615 

Interim Final Rule Comment Period End 06/10/2012 

Final Action 02/00/2013 

Additional Information: DoD Instruction 5205.ff

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Brian Fredericks Department of Defense

Office of the Secretary

1155 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 604-5522 

E-Mail: brian.fredericks2@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI61

 View Related Documents

Title: Identification (ID) Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals

Abstract: The Department of Defense (DoD) proposes to establish policy, assign responsibilities, and provide procedures for

the issuing of distinct DoD ID cards as prescribed in 18 U.S.C. 499, 506, 509, 701, and 1001. The ID card shall be issued to

uniformed service members, their dependents, and other eligible individuals and will be used as proof of identity and DoD

affiliation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 161 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 499, 506, 509, 701, and 1001

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 08/06/2010 75 FR 47515 

NPRM Comment Period End 10/05/2010 
Final Action 04/00/2013 

Additional Information: DoD Instruction 1000.13

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Christopher Fagan Department of Defense

Office of the Secretary

Suite 200, 4040 Fairfax Drive, Arlington, VA 22203

Arlington , VA 22203 

Phone: 703 696-0848 

E-Mail: christopher.fagan@osd.pentagon.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI63

 View Related Documents

Title: Alternative Dispute Resolution

Abstract: 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

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.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 83 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 571 to 584; EO 12988

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/25/2011 76 FR 22848 

NPRM Comment Period End 06/24/2011 

Final Action 03/00/2013 

Additional Information: DoD Instruction 5145.05

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Christine Kopocis Department of Defense

Office of the Secretary

1160 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 696-1809 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI69
 View Related Documents

Title: Mission Compatibility Evaluation Process

Abstract: The Department of Defense (DoD) is issuing this interim final rule to implement section 358 of the Ike Skelton

National Defense Authorization Act for Fiscal Year 2011, Public Law 111-383. That section requires that the DoD issue

procedures addressing the impacts upon military operations of certain types of structures if they pose an unacceptable risk to

the national security of the United States. The structures addressed are those for which an application is required to be filed with

the Secretary of Transportation under section 44718 of title 49, United States Code. Section 358 also requires the designation

of a lead organization to coordinate DoD review of applications for projects filed with the Secretary of Transportation pursuant to

section 44718, and received by the Department of Defense from the Secretary of Transportation. Section 358 also requires the

designation of certain officials by the Secretary of Defense to perform functions pursuant to the section and this implementing

rule. Section 358 also requires the establishment of a comprehensive strategy for addressing military impacts of renewable

energy projects and other energy projects, with the objective of ensuring that the robust development of renewable energy

sources and the expansion of the commercial electrical grid may move forward in the United States, while minimizing or

mitigating any adverse impacts on military operations and readiness. Implementing that requirement, however, is not required at

this time and is not part of this rule. Other aspects of section 358 not required at this time, such as annual reports to Congress,

are also not addressed in this rule. Nor does this rule deal with other clearance processes not included in section 358, such as

those applied by the Bureau of Land Management, Department of the Interior.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 211 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-383, sec 358

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule implements policy, assigns responsibilities, and prescribes procedures for the establishment

and operation of a process for evaluation of proposed projects submitted to the Secretary of Transportation under section

44718 of title 49, United States Code. The evaluation process is established for the purpose of identifying any adverse impact

of proposed projects on military operations and readiness, minimizing or mitigating such adverse impacts, and determining if

any such projects pose an unacceptable risk to the national security of the United States. The rule also includes procedures for

the operation of a central DoD siting clearinghouse to facilitate both informal and formal reviews of proposed projects.

Legal Basis: Public Law 111-383, Section 358

Alternatives: The requirement to have a rule and the policies, responsibilities, and procedures contained in the rule were

prescribed by section 358 of Public Law 111-383. In the areas where DoD has discretion, e.g., the internal procedures used

within DoD to comply with the law, alternative arrangements would have no impact on the net economic effects of the rule.

Costs and Benefits: The Department of Defense has long participated in the Department of Transportation review process,

interacting with the Federal Aviation Administration (FAA). Prior to Section 358 of Public Law 111-383, DoD's engagement was

decentralized - each Military Service participated separately working with FAA representatives at the regional level. In addition,

each Service set its own standards for challenging a project application. Section 358 directed that DoD develop a single DoD

point of contact for responses, established the threshold level of harm that must be reached before DoD could object to a

project application on the basis of national security, and directed that DoD negotiate mitigation with project developers if

potential harm is identified. The directed threshold level of harm, identified as "unacceptable risk to national security," is higher

than the standard previously used. This will result in DoD objecting to fewer project applications than before, reducing the

impact of DoD reviews on non-DoD economic activity. The requirement to engage in mitigation negotiations may delay some

projects (which has a negative impact on non-DoD economic activity), but it may result in still fewer DoD objections (which has

a positive impact on non-DoD economic activity). DoD estimates that the net effect of these factors on non-DoD economic

activity will be a benefit of approximately $70 million. The higher standard for objection imposed by section 358 of Public Law

111-383 may allow projects that conflict with military activity, but do not achieve the high level of conflict required by law to

object, to proceed. This may impose costs on DoD, e.g., systems testing may have to be moved to alternative test ranges,

training and readiness activities may be curtailed or moved, and changes to operations may have to be implemented to

overcome interference with coastal, border, and interior homeland surveillance. The early outreach and negotiation over

mitigation required by section 358 may allow modification of some projects to reduce or eliminate their conflict with military

activities in cases where the absence of early outreach and negotiation would result in the project proceeding without mitigation.

This would provide a benefit to DoD. The net effect of these costs and benefits on DoD has not been quantitatively estimated.

Risks: The higher standard for a DoD objection to a project and the requirement to allow early consultation by developers with

DoD will reduce the risk to both developers and to industry of planning a project that is unacceptable to DoD. Per the

discussion above, there is a risk to DoD that projects in conflict with military activity, but that do not achieve the high level of

conflict required by law to object, will proceed and impair DoD's test and evaluation; training and readiness; and coastal, border,

and interior homeland surveillance capabilities.

Timetable:

Action Date FR Cite

Interim Final Rule 10/20/2011 76 FR 65112 
Interim Final Rule Effective 10/20/2011 

Interim Final Rule Comment Period End 12/19/2011 

Final Action 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal

Small Entities Affected: Business Federalism: No

Agency Contact: David Belote Department of Defense

Office of the Secretary

3400 Defense Pentagon, Washington , DC 20301-3400

Washington , DC 20301-3400 

Phone: 703 697-7301 

E-Mail: david.belote@osd.smil.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI78

 View Related Documents

Title: Qualification Standards for Enlistment, Appointment, and Induction

Abstract: This part updates policies and responsibilities for basic entrance qualification standards for enlistment, appointment,

and induction into the Armed Forces and delegates the authority to specify certain standards to the Secretaries of the Military

Departments. It establishes the age, citizenship, education, aptitude, physical fitness, dependency status, moral character, and

other disqualifying conditions that are causes for rejection from military service. Other standards may be prescribed in the event

of mobilization or national emergency. This part sets standards designed to ensure that individuals under consideration for

enlistment, appointment, and/or induction are able to perform military duties successfully, and to select those who are the most

trainable and adaptable to Military Service life.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 68 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 504; 10 USC 505; 10 USC 520; 10 USC 532; 10 USC 654; 10 USC 12102; 10 USC 12201

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 03/00/2013 

Additional Information: DoD Instruction 1304.26

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dennis Drogo Department of Defense

Office of the Secretary

4000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 697-9268 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI79

 View Related Documents
Title: Domestic Abuse Involving DoD Military and Certain Affiliated Personnel

Abstract: This part establishes, implements, and updates domestic abuse policies; identifies and assigns responsibilities for

preventing and responding to domestic abuse. It provides guidance for implementing a coordinated community response

involving multiple offices and agencies at military installations working in coordination with the surrounding civilian community.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 109 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 1562; PL 103-337

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 03/00/2013 

Additional Information: DoD Instruction 6400.06

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Katherine Robertson Department of Defense

Office of the Secretary

4000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 571 372-5350 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI86

 View Related Documents

Title: Defense Logistics Agency Privacy Program

Abstract: The Defense Logistics Agency (DLA) is proposing to amend the DLA Privacy Program Regulation. The DLA Privacy

Offices have been repositioned under the DLA General Counsel; therefore, responsibilities have been updated to reflect the

repositioning. In addition, DLA has adopted the revisions to the DoD Privacy Program as published in 32 CFR part 310.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 323 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552a

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:
Action Date FR Cite

NPRM 08/06/2012 77 FR 46653 

NPRM Comment Period End 10/05/2012 

Final Action 04/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Jody Sinkler Department of Defense

Office of the Secretary

3000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 767-5045 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI88

 View Related Documents

Title: Shelter for the Homeless

Abstract: The Department of Defense is updating current policies and procedures for the Defense Shelter for the Homeless

Program. The amendments correct the authority citation throughout the text, update organizational titles, and move procedures

from the policy section into a separate procedures section. 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 in

accordance with 10 U.S.C. 2556 and this part if he or she, or designee, determines that such shelter will not interfere with

military preparedness or ongoing military functions. The revisions to this rule are part of DoD's retrospective plan under

Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at:

http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 226 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2556

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Direct Final Rule 01/00/2013 

Additional Information: DoD Instruction 4165.65

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Randy Wagner Department of Defense

Office of the Secretary

3000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 571-9081 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI92
 View Related Documents

Title: Inspector General; Privacy Act; Implementation

Abstract: This direct final rule makes non-substantive changes to the OIG Privacy Program rule. The OIG is amending its

regulation on the OIG Privacy Program to update the system name for the exemption for system identifier CIG 23.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 312 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 93-579; 5 USC 552a

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Direct Final Rule 02/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Agency Contact: Patricia Lynn Toppings Department of Defense

Office of the Secretary

Washington Headquarters Service, East Tower, Suite 02G09, 4800 Mark Center Drive, Alexandria, VA 22350-3100

Alexandria , VA 22350-3100 

Phone: 571 372-0485 

FAX: 571 372-0487

E-Mail: patricia.toppings@whs.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI28

 View Related Documents

Title: DoD Information Assurance Scholarship Program (IASP)

Abstract: This part implements policy, responsibilities, and procedures for executing an information assurance scholarship and

grant program, known as the DoD Information Assurance Scholarship Program (IASP). The IASP shall be used to attract new

entrants to the DoD Information Assurance workforce and to retain current IA/IT personnel necessary to support the DoD's

diverse warfighting, business, intelligence, and enterprise information infrastructure requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 240 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2200; 10 USC 7045

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:
Action Date FR Cite

NPRM 03/01/2010 75 FR 9142 

NPRM Comment Period End 04/30/2010 

Final Action 03/14/2012 77 FR 14955 

Final Action Effective 04/13/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Lois Gruendl Department of Defense

Office of the Secretary

6000 Defense Pentagon, Washington, DC 20301-6000

Washington , DC 20301-6000 

Phone: 703 604-1489 Extension: 145 

Agency Contact: Ned Kieloch Department of Defense

Office of the Secretary

6000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 604-1489 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI33

 View Related Documents

Title: Reduction of Use of Social Security Numbers (SSN) in the Department of Defense (DoD)

Abstract: The Social Security Number (SSN) has been used as a means to efficiently identify and authenticate individuals.

Expanded use of the SSN has increased efficiency, enabling DoD information systems and processes to interoperate and

transfer information with a greatly reduced chance of errors. However, the threat of identity theft has rendered this wide-spread

use unacceptable, resulting in the requirement that all Federal agencies evaluate how the SSN is used and eliminate its

unnecessary use. This part identifies the acceptable uses of the SSN, describes how authorized uses shall be documented,

presents alternatives to using the SSN, and explains the role Privacy Act training plays in protecting privacy information within

DoD. Any uses of the SSN not provided for in this guidance are considered to be unnecessary and shall be eliminated. Use of

the SSN includes the SSN in any form, including, but not limited to, truncated (last four digits), masked, partially masked,

encrypted, or disguised SSNs. This language has been placed in a contract vehicle, therefore, a rulemaking is no longer

necessary. For this reason, the Department has withdrawn the rule.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 157 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 03/03/2010 75 FR 9548 

NPRM Comment Period End 05/03/2010 

Withdrawn 07/12/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Patricia Lynn Toppings Department of Defense

Office of the Secretary
Washington Headquarters Service, East Tower, Suite 02G09, 4800 Mark Center Drive, Alexandria, VA 22350-3100

Alexandria , VA 22350-3100 

Phone: 571 372-0485 

FAX: 571 372-0487

E-Mail: patricia.toppings@whs.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI55

 View Related Documents

Title: Defense Support to Special Events

Abstract: This rule provides procedures for DoD support of special events to international, Federal, State, and local civil

authorities and non-governmental organizations. It terminates the delegated authority for the Secretary of the Army to oversee

the management and coordination of DoD support to international and domestic special events and assigns those

responsibilities to the Assistant Secretary of Defense for Homeland Defense and Americas' Security Affairs.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 183 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 2 USC 1966; 2 USC 1970; 10 USC 372 to 374; 10 USC 377; 10 USC 2012; 10 USC 2553 to 2555; 10 USC

2564; 18 USC 3056; 31 USC 1535 and 1536; 32 USC 502; 32 USC 508; PL 94-524; sec 5802 of PL 104-208, as amended

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 11/26/2010 75 FR 72766 

NPRM Comment Period End 01/25/2011 

Final Action 04/17/2012 77 FR 22671 

Final Action Effective 05/17/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Carol Corbin Department of Defense

Office of the Secretary

2600 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 697-5906 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI62

 View Related Documents

Title: DoD Mandatory Declassification Review (MDR) Program

Abstract: This part assigns responsibilities and provides procedures for members of the public to request a declassification

review of information classified under the provisions of Executive Order 13526, as amended, or predecessor orders. Documents

requested under the provisions of the Freedom of Information Act (FOIA), section 552(b) of title 5, United States Code (U.S.C.)

and 32 Code of Federal Regulations (CFR) part 286 will be processed by the Department in accordance with title 32 CFR part

2001.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 222 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 09/27/2010 75 FR 59176 

NPRM Comment Period End 11/26/2010 

Final Action 12/27/2011 76 FR 80744 

Correction 01/06/2012 77 FR 745 

Final Action Effective 01/26/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert Storer Department of Defense

Office of the Secretary

1155 Defense Pentagon, Washington, DC 20301-1155

Washington , DC 20301-1155 

Phone: 703 696-2197 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI64

 View Related Documents

Title: DoD Unclassified Controlled Nuclear Information (UCNI)

Abstract: This rule updates policies and responsibilities for controlling Department of Defense Unclassified Controlled Nuclear

Information (UCNI) in accordance with the provisions of title 10, United States Code (U.S.C.) 128, which is the statutory basis

for controlling unclassified information on the physical protection of DoD special nuclear material (SNM), SNM equipment, and

SNM facilities. Such information is referred to as DoD UCNI to distinguish it from a similar Department of Energy (DoE)

program. This revision streamlines and reflects current practices within the Department of Defense.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 223 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 128; 5 USC 552(b)(3)

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 04/25/2011 76 FR 22849 

NPRM Comment Period End 06/24/2011 
Final Action 07/25/2012 77 FR 43506 

Final Action Effective 08/24/2012 

Additional Information: DoD Instruction 5210.83

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Linda B. Jones Department of Defense

Office of the Secretary

5000 Defense Pentagon, Washington, DC 20301-5000

Washington , DC 20301-5000 

Phone: 757 229-3866 

E-Mail: linda.jones.ctr@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI66

 View Related Documents

Title: Pilot Program for the Temporary Exchange of Information Technology Personnel

Abstract: The Department of Defense (DoD) is issuing regulations to implement provisions contained in the section 1110 of the

National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010 (Pub. L.111-84), October 28, 2009. This law authorizes

the temporary detail of employees in the field of information technology management from the DoD to private sector

organizations. It also authorizes DoD Components to accept private sector employees detailed under this program. This

program is envisioned to promote the interchange of DoD and private sector workers to enhance skills and competencies.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 241 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-84

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Interim Final Rule 12/14/2010 75 FR 77753 

Interim Final Rule Effective 12/14/2010 

Interim Final Rule Comment Period End 02/14/2011 

Final Action 06/20/2012 77 FR 36916 

Final Action Effective 07/20/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Sandra Smith Department of Defense

Office of the Secretary

6000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 699-0122 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI67
 View Related Documents

Title: Revitalizing Base Closure Communities and Addressing Impacts of Realignment; Amendment

Abstract: Economic Development Conveyances were created in amendments to the Base Closure and Realignment law in

1993, creating a new tool for communities experiencing economic dislocation from the closing of a major employer in the

community. Congress recognized that the existing authority under the Federal Property and Administrative Services Act of 1949

(as amended and otherwise known as the Real Property Act) was not structured to deal with the unique challenges of assisting

community economic recovery and job creation of such large installations, many with decaying or obsolete infrastructure and

other redevelopment challenges. Section 2715 of Public Law 111-84 changed the authority of the Department of Defense to

convey property to a local redevelopment authority (LRA) for purposes of job generation on a military installation closed or

realigned under a base closure law, known as an Economic Development Conveyance (EDC). Under this revised authority, the

Department is no longer required to seek to obtain fair market value for an EDC: An EDC may be for consideration at or below

the estimated fair market value, including for no consideration. The law also now explicitly provides authority for the Department

to be flexible regarding the form of consideration, including the authority to accept consideration in the form of revenue sharing

or so-called "back-end" funding. (i.e., "The Secretary may accept, as consideration, a share of the revenues that the

redevelopment authority receives from third-party buyers or lessees from sales and long-term leases of the conveyed property,

consideration in kind (including goods and services), real property and improvements, or such other consideration as the

Secretary considers appropriate.") The revised language also provides that the Department's determination of the consideration

may account for the economic conditions of the local affected community and the estimated costs to redevelop the property.

This rule provides guidance to implement recent changes to the law and makes other improvements that encourage expedited

property transfers for job creation that allow for the Department to obtain a share of the revenues obtained.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 174 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 113; 10 USC 2687 note

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

NPRM 12/17/2010 75 FR 78946 

NPRM Comment Period End 02/15/2011 

Final Action 11/16/2011 76 FR 70878 

Final Action Effective 12/16/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robert Uhrich Department of Defense

Office of the Secretary

Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 571-9081 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI72

 View Related Documents

Title: DoD Workplace Violence Prevention and Response

Abstract: This part establishes DoD policy and assigns responsibilities regarding workplace violence prevention and response

in accordance with the authority in DoD Directive 5124.02 and pursuant to Secretary of Defense Memorandum, "Final

Recommendations of the Ft. Hood Follow-on Review," August 18, 2010. All employees are responsible for maintaining a safe

work environment, including providing protection from individuals outside the DoD perpetrating violence against DoD employees.

Violent behavior shall be addressed immediately, and those who engage in such behavior may be immediately removed from
the premises, denied re-entry pending completion of the appropriate investigation, and may be subject to removal from the

Federal service, criminal prosecution, or both. Office of General Counsel has determined that a rulemaking is not required,

therefore, the Department has withdrawn this rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 115 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Withdrawn 07/12/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Caryn Ostrosky Department of Defense

Office of the Secretary

1400 Key Blvd, Suite 500, Arlington, VA 22209

Arlington , VA 22209 

Phone: 703 696-6301 Extension: 404 

E-Mail: caryn.ostrosky@cpms.osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI83

 View Related Documents

Title: Homeowners Assistance Program--Application Processing

Abstract: The Expanded Homeowners Assistance Program (HAP), authorized in the American Recovery and Reinvestment Act

for 2009 ("the Act"), provided much needed assistance to military and civilian employees, and spouses of military members who

died in the line of duty. However, the Expanded HAP eligibility criteria established in the Act, including those criteria that were

subsequently changed through administrative rulemaking procedures, did not address when the Department of Defense (DoD)

will terminate the program by establishing a deadline for receipt of applications. Based on anticipated reductions in the Defense

budget in Fiscal Year 2012 and beyond, continuing the Expanded HAP provisions for Permanent Change of Station (PCS) and

Base Realignment and Closure (BRAC) 2005 categories is no longer viable. In the November 2010 Expanded HAP Final Rule,

the PCS eligibility criterion date was changed from September 30, 2012, to September 30, 2010, due to funding limitations.

However, the Department continues to receive more than 100 eligible applications per month for this application category. Per

the Act, the BRAC 2005 eligibility criterion will terminate on September 30, 2012, a full year after implementation of the BRAC

2005 round. It is now time to establish application deadlines for Expanded HAP benefits for the PCS and BRAC 2005

categories. To that end, this rule will amend 32 CFR part 239 by adding the two paragraphs to Section 239.9(a) to establish the

application deadlines.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 239 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 3374

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:
Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Direct Final Rule 07/05/2012 77 FR 39627 

Direct Final Rule Effective 09/04/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Phyllis Newton Department of Defense

Office of the Secretary

Defense Pentagon, Washington, DC 22301

Washington , DC 22301 

Phone: 571 372-6845 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI85

 View Related Documents

Title: Shelter for the Homeless Program

Abstract: This part implements 10 U.S.C. 2556 by establishing DoD policy for the DoD 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 in accordance with 10 U.S.C. 2556 and this part if he or she, or

designee, determines that such shelter will not interfere with military preparedness or ongoing military functions.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 226 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2556

Legal Deadline: None

Regulatory Plan:

Statement of Need:

Legal Basis:

Alternatives:

Costs and Benefits:

Risks:

Timetable:

Action Date FR Cite

Deleted at Agency Request 07/18/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Duplicate of 0790-AI88

Agency Contact: Randy Wagner Department of Defense

Office of the Secretary

3000 Defense Pentagon, Washington, DC 20301

Washington , DC 20301 

Phone: 703 571-9081