### 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 refo rm 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 in terests under the criteria of Executive Order 12866.

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

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

participation in the internal DoD rulemaking proces s. 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 July 7, 2011, 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 2012. In addition to this agenda, DoD components also publish rulemaking notices pertaining to

their specific statutory administr ation 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 onli ne at www.reginfo.gov, in a format that offers

users the ability to obtain informat ion 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 th ey are likely to have a significant econ omic impact on a substantial number

of small entities; and

(2) any rules that the Agency has identified for peri odic 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 info rmation 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 age nda information, contact Mr. Robert Cushing,

telephone 571-372-0493, or write to Executive Services Directorate, Washington Headquarters Services,

1155 Defense Pentagon, Washington, DC 20301-11 55, or email: robert.cushing@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. Patricia Topping s, 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 general information on Office of the Se cretary agenda items, which are procurement-related,

contact Ms. Ynette Shelkin, telephone 703-602- 8384 or write to Defense Acquisition Regulations

Directorate, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060, or email:

ynette.shelkin@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 Record s Management and Declassification Agency, ATTN:

AAHS-RDR-C, Casey Building, Room 102, 7701 Telegr aph Road, Alexandria, Virginia 22315-3860, or

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

For general information on the U.S. Army Corp s 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 t he Navy regulations, contact LT Lisa Senay, telephone

703-614-5360, or write to Department of the Navy, Of fice 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: lisa.senay@navy.mil.

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

703-696-6515, or write to Department of the Air Force, SAF/XCPP, 1800 Air Force Pentagon,

Washington, DC 20330-1800, or em ail: 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 regulator y status reports, including procurement-related

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

Army, Navy, and Air Force. Included also is the regula tory status report from the U.S. Army Corps of

Engineers, whose civil works functions fall under t he 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 (reflec ting departmental policy) to implementing instructions

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

primary directives under which DoD component s promulgate their implementing regulations.

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

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

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

components will identify those rules whic h 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 appl icable 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) long-term actions;

and (5) completed actions. Where certain regulatory acti ons indicate that small entities are affected, the

effect on these entities may not necessarily have sign ificant economic impact on a substantial number of

these entities as defined in the Regul atory 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 t he right to exercise the exemptions and flex ibility permitted in its rulemaking process in

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

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

Order 12866.

### Dated: August 16, 2011

NAME: Michael L. Rhodes,

Director, Administration and Management.The 140 Regulatory Agendas

Department of the Army - Proposed Rule

Title Regulation
Identifier
Number

Military Police Law Enforcement Reporting and Operations 0702-AA62

Department of the Navy - Proposed Rule

Title Regulation
Identifier
Number

United States Navy Regulations and Official Records 0703-AA87

Department of Navy Privacy Program 0703-AA89

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

Procedures for Implementing the National Environmental Policy Act 0710-AA70

U.S. Army Corps of Engineers - Final Rule

Title Regulation
Identifier
Number

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

Issuing and Reissuing Nationwide Permits 0710-AA71

Office of Assistant Secretary for Health Affairs - Proposed Rule

Title Regulation
Identifier
Number

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

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

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

Office of Assistant Secretary for Health Affairs - Final Rule

Title Regulation
Identifier
Number

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Double Coverage 0720-AA50

TRICARE Program; Routine Care Not Directly Related to Study, Grant, or Research Program 0720-AA98Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); TRICARE Reserve Select for Members of
the Selected Reserve 0720-AB15

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 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

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

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; Constructive Eligibility for TRICARE Benefits of Certain Persons Otherwise Ineligible Under Retroactive Determination of Entitlement to Medicare Part A Hospital Insurance Benefits 0720-AB51

TRICARE; Elimination of the Non-Availability Statement (NAS) Requirement for Non-Emergency Inpatient Mental Health
Care 0720-AB52

TRICARE: Certified Mental Health Counselors 0720-AB55

Office of Assistant Secretary for Health Affairs - Completed Action

Title Regulation
Identifier
Number

TRICARE; Continued Health Care Benefit Program Expansion 0720-AB30

TRICARE; Inclusion of Retail Network Pharmacies as Authorized TRICARE Providers for the Administration of TRICARE
Covered Vaccines 0720-AB37

TRICARE; Changes Included in the National Defense Authorization Act for Fiscal Year 2010; Expansion of Survivor Eligibility Under the TRICARE Dental Program 0720-AB40

TRICARE: Unfortunate Sequelae From Noncovered Services in a Military Treatment Facility 0720-AB44

Defense Acquisition Regulations Council - Proposed Rule

Title Regulation
Identifier
Number

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

Creation of Representation for Nontraditional Contractor (DFARS Case 2012-D004) 0750-AH04

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

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

Defense Acquisition Regulations Council - Final Rule

Title Regulation
Identifier
Number

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

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

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

Patents, Data, and Copyrights (DFARS Case 2010-D001) 0750-AG62

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

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

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

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-AG99Only 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

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

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

Defense Acquisition Regulations Council - Completed Action

Title Regulation
Identifier
Number

Presumption of Development Exclusively at Private Expense (DFARS Case 2007-D003) 0750-AF84

Acquisition of Commercial Items (DFARS Case 2008-D011) 0750-AG23

Defense Cargo Riding Gang Member (DFARS Case 2007-D002) 0750-AG25

Minimizing the Use of Materials Containing Hexavalent Chromium (DFARS Case 2009-D004) 0750-AG35

Government Property (DFARS Case 2009-D008) 0750-AG38

Annual Representations and Certifications (DFARS Case 2009-D011) 0750-AG39

Guidance on Personal Services (DFARS Case 2009-D028) 0750-AG72

Warranty Tracking of Serialized Items (DFARS Case 2009-D018) 0750-AG74

Ownership or Control by a Foreign Government (DFARS Case 2010-D010) 0750-AG78

Multiyear Contracting (DFARS Case 2009-D026) 0750-AG79

Discussions Prior to Contract Award (DFARS Case 2010-D013) 0750-AG82

Prohibition on Interrogation of Detainees by Contractor Personnel (DFARS Case 2010-D027) 0750-AG88

Participation of Historically Black Colleges and Universities and Minority-Serving Institutions in Defense Research Programs 0750-AG90

Construction and Architect -Engineer Services Performance Evaluation (DFARS Case 2010-D024) 0750-AG91

Identification of Critical Safety Items 0750-AG92

Definition of Sexual Assault; DFARS Case 2010-D023 0750-AG93

Agency Office of the Inspector General (DFARS Case 2011-D006) 0750-AG97

Display of DoD Inspector General Fraud Hotline Posters (DFARS Case 2010-D026) 0750-AG98

Evaluated Priced Options on Existing Federal Prison Industries Contracts 0750-AH00

Option to Extend Services (DFARS Case 2011-D003) 0750-AH01

Alternative Line-Item Structure (DFARS Case 2010-D017) 0750-AH02

Passive Radio Frequency Identification (DFARS Case 2010-D014) 0750-AH05

Ships Bunkers Easy Acquisition (SEA) Card® and Aircraft Ground Services (DFARS Case 2009-D019) 0750-AH07

Notification of Subcontractor Compliance (DFARS Case 2011-D007) 0750-AH10

Definition of Multiple -Award Contract (DFARS Case 2011-D016) 0750-AH12

Increase the Use of Fixed-Price Incentive (Firm Target) Contracts (DFARS Case 2011-D010) 0750-AH15

Foreign Acquisition Amendments (DFARS Case 2011-D017) 0750-AH16

Nonavailability Exception for Procurement of Hand or Measuring Tools (DFARS Case 2011-D025) 0750-AH17

Electronic Ordering Procedures (DFARS Case 2009-D037) 0750-AH20

Definition of "Qualifying Country End Product" (DFARS Case 2011-D028) 0750-AH21

Inclusion of Option Amounts in Limitations on Authority of the Department of Defense to Carry Out Certain Prototype Projects (DFARS Case 2011-D024) 0750-AH23

Award-Fee Reductions for Health and Safety Issues (DFARS Case 2009-D039) 0750-AH24

Assignment of Order Codes (DFARS Case 2011-D004) 0750-AH25Synchronized Predeployment and Operational Tracker (SPOT) (DFARS Case 2011-D030) 0750-AH26

Award Fee Reductions for Health or Safety Issues (DFARS Case 2009-D039) 0750-AH31

Successor Entities to the Netherland Antilles (DFARS Case 2011-D029) 0750-AH32

Material Inspection and Receiving Report (DFARS Case 2009-D023) 0750-AH33

Extension of Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2011-D035) 0750-AH34

Designation of a Contracting Officer's Representative (DFARS Case 2011-D037) 0750-AH35

Recodification of Title 41 (DFARS Case 2011-D036) 0750-AH36

Office of the Secretary - Proposed Rule

Title Regulation
Identifier
Number

Sexual Assault Prevention and Response Program Procedures (DoDI 6495.02) 0790-AI36

Defense Industrial Personnel Security Clearance Review Program (DoDI 5220.06) 0790-AI41

Recoupment of Nonrecurring Costs (NCs) on Sales of U.S. Items (DoDI 2140.02) 0790-AI45

Procedural Guidance for Industrial Personnel Security Clearance Review Program (DoDI 5220.aa) 0790-AI53

Deoxyribonucleic Acid (DNA) Family Reference Sample (FRS) Collection (2310.ll) 0790-AI68

National Industrial Security Program: Procedures for Government Activities Relating to Foreign Ownership, Control or Influence (FOCI) 0790-AI71

DoD Workplace Violence Prevention and Response 0790-AI72

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

Office of the Secretary - Final Rule

Title Regulation
Identifier
Number

Service Academies (DoD Instruction 1322) 0790-AI19

DoD Freedom of Information Act (FOIA) Program Regulation (DoD 5400.07-R) 0790-AI24

Federal Voting Assistance Program (FVAP) 0790-AI27

DoD Information Assurance Scholarship Program (IASP) 0790-AI28

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

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

Sexual Assault Prevention and Response (SAPR) Program (DoDD 6495.01) 0790-AI37

Department of Defense Personnel Security Program (DoDI 5200.02) 0790-AI42

Post 9-11 GI Bill 0790-AI43

Operational Contract Support 0790-AI48

Voluntary Education Programs 0790-AI50

DoD Freedom of Information Act (FOIA) Program; Amendment (DoD Directive 5400.07) 0790-AI51

Defense Support of Civilian Law Enforcement Agencies (DoDI 3025.ff) 0790-AI54

Defense Support of Special Events (DoDI 3025.gg) 0790-AI55

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

DoD Mandatory Declassification Review (MDR) Program 0790-AI62

Alternative Dispute Resolution 0790-AI63

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; Amendment0790-AI67

Mission Compatibility Evaluation Process 0790-AI69

Office of the Secretary - Completed Action

Title Regulation
Identifier
Number

DoD Directives, Instructions, Publications, Office of the Secretary of Defense Administrative Instructions, and DoD Forms 0790-AI22

Mass Transportation Benefit Program (MTBP) 0790-AI25

Defense Contract Audit Agency (DCAA) Privacy Program 0790-AI31

Defense Contract Audit Agency (DCAA) Freedom of Information Act Program 0790-AI32

Private Security Contractors Operating in Contingency Operations (DoDI 3020.pp) 0790-AI38

Financial Institutions on DoD Installations (DoDI 1000.11) 0790-AI46

Financial Institutions on DoD Installations (DoD 7000.14-R, VOL 5, Chapter 34) 0790-AI47

Junior Reserve Officers' Training Corps (JROTC) Program (DoDI 1205.13) 0790-AI57

DoD Commercial Air Transportation Quality and Safety Review Program (4500.53) 0790-AI65

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

Timetable:

Action Date FR Cite

NPRM 04/00/2012

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

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 RecordsAbstract: 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 sub-parts are primarily for informational purposes.

Priority: Substantive, Nonsignificant 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

Timetable:

Action Date FR Cite

NPRM 01/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: LCDR Daniel Werner Department of Defense Department of the Navy 1322 Patterson Ave SE Suite 3000 Washington Navy Yard Washington , DC 20374-5066

Phone: 703 614-7408

FAX: 703 614-9400

E -Mail: daniel.werner@navy.mil

Department of Defense (DOD) Department of the Navy ( NAVY ) RIN: 0703-AA89

View Related Documents

Title: Department of Navy Privacy Program

Abstract: The primary purpose of this rule is to update the CFR to reflect changes within the Office of the Secretary of the Navy and to incorporate other administrative changes.

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

CFR Citation: 32 CFR 701 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: LCDR Daniel Werner Department of Defense Department of the Navy 1322 Patterson Ave SE Suite 3000 Washington Navy Yard Washington , DC 20374-5066

Phone: 703 614-7408

FAX: 703 614-9400

E -Mail: daniel.werner@navy.mil

Department of Defense (DOD) Department of the Navy ( NAVY ) RIN: 0703-AA88View 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.

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

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/30/2010

Interim Final Rule 08/30/2010 75 FR 52860

Interim Final Rule Comment Period End 10/29/2010

Final Action 04/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: LCDR Daniel Werner Department of Defense Department of the Navy 1322 Patterson Ave SE Suite 3000 Washington Navy Yard Washington , DC 20374-5066

Phone: 703 614-7408

FAX: 703 614-9400

E -Mail: daniel.werner@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.

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

Timetable:

Action Date FR Cite

NPRM 12/00/2011

NPRM Comment Period End 02/00/2012

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 DefenseU.S. Army Corps of Engineers

CECW-CO 441 G Street NW 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-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: Proposed Rule
Major: Undetermined Unfunded Mandates: Undetermined

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

Timetable:

Action Date FR Cite

NPRM 06/00/2012

NPRM Comment Period End 08/00/2012

Final Action 09/00/2013

Final Action Effective 11/00/2013

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: Undetermined 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

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: Final Rule
Major: Undetermined Unfunded Mandates: Undetermined

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: NoneTimetable:

Action Date FR Cite

NPRM 01/15/2010 75 FR 2463

NPRM Comment Period End 03/16/2010

Final Action 03/00/2012

Final Action Effective 05/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: Undetermined Agency Contact: Robin A. Baldwin

Directorate of Contracting Department of Defense U.S. Army Corps of Engineers

441 G Street NW Washington , DC 20314

Phone: 202 761-8645

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

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Title: Issuing and Reissuing Nationwide Permits

Abstract: The U.S. Army Corps of Engineers (Corps) is soliciting comments for the reissuance of the existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. The Corps is also proposing to issue two new NWPs and two new general conditions. The Corps is requesting comment on all aspects of these proposed nationwide permits. More specifically, the Corps is requesting comments on options for NWP 21, which authorizes discharges of dredged or fill material into waters of the United States associated with surface coal mining activities, such as reissuing NWP 21 with modifications or not reissuing NWP 21. The Corps is also seeking comments on whether to reissue NWP 48 with modifications to authorize new commercial shellfish aquaculture activities or to issue a separate NWP to authorize only new commercial shellfish aquaculture activities.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: Undetermined Unfunded Mandates: Undetermined

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

Timetable:

Action Date FR Cite

NPRM 02/16/2011 76 FR 9174

NPRM Comment Period End 04/18/2011

Final Action 12/00/2011

Final Action Effective 03/00/2012

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: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined 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

Phone: 202 761-4922

E-Mail: david.b.olson@usace.army.milDepartment of Defense (DOD) Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB47

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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

Timetable:

Action Date FR Cite

NPRM 12/00/2011

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

Phone: 303 676-3803

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

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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: 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

Timetable:

Action Date FR Cite

NPRM 12/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Mike Kottyan Department of DefenseOffice of Assistant Secretary for Health Affairs 1200 Defense Pentagon Washington , DC 20301

Phone: 303 676-3520

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

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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: 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

Timetable:

Action Date FR Cite

NPRM 12/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Patricia Lynn Toppings Department of Defense Office of Assistant Secretary for Health Affairs Washington Headquarters Service Suite 11000 1777 North Kent Street Rosslyn , VA 22209

Phone: 703 696-5284

FAX: 703 696-1498

E -Mail: patricia.toppings@whs.mil

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

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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 Memberwould 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 Chapter 55; 5 USC 301
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012

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

Phone: 703 681-0039

Department of Defense (DOD) Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AA50

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Title: Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Double Coverage

Abstract: This rule clarifies our double coverage policy for non-institutional claims for beneficiaries with primary health insurance. TRICARE network, non-network but participating, and non-participating providers are all reimbursed differently under current procedures. This has had the unintended effect of discouraging TRICARE network participation since non-network but participating providers receive the most favorable treatment with respect to double coverage calculations. The Department proposed to revise double coverage reimbursement calculations by reimbursing all providers up to 100 percent of the CHAMPUS Maximum Allowable Charge after the primary health insurance has paid or 115 percent for non-participating 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: 10 USC ch 55; 5 USC 301
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/17/1999 64 FR 32451

NPRM Comment Period End 08/16/1999

Final Action 03/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Gary Whittaker Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon Washington , DC 20301

Phone: 703 681-0039

E-Mail: gary.whittaker@tma.osd.milDepartment of Defense (DOD) Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AA98

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Title: TRICARE Program; Routine Care Not Directly Related to Study, Grant, or Research Program

Abstract: This rule amends the exclusion of services and supplies provided as part of or under a research study, grant, or research program to add coverage for routine patient care that would have been necessary in the absence of the study, as well as care of complications that result from participation in the trial.

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

Timetable:

Action Date FR Cite

NPRM 06/20/2006 71 FR 35402

NPRM Comment Period End 08/21/2006

Final Action 04/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Rene Morrell Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon Washington , DC 20301

Phone: 303 676-3618

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

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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: 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: 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

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

Final Action 01/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: NoEnergy Affected: No Agency Contact: Jody Donehoo Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon Washington , DC 20301

Phone: 703 681-0039

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: 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

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 02/00/2012

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

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: Final RuleMajor: 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

Timetable:

Action Date FR Cite

NPRM 09/27/2010 75 FR 59173

NPRM Comment Period End 11/26/2010

Final Action 12/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Joy Saly Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon Washington , DC 20301

Phone: 303 676-3742

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

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/06/2010

Interim Final Rule 08/06/2010 75 FR 47452

Interim Final Rule Comment Period End 10/05/2010

Final Action 02/00/2012

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 20301Phone: 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 is to 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

Timetable:

Action Date FR Cite

NPRM 07/05/2011 76 FR 39043

NPRM Comment Period End 09/06/2011

Final Action 12/00/2011

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

Phone: 303 676-3627

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

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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 100miles 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

Timetable:

Action Date FR Cite

NPRM 01/13/2011 76 FR 2290

NPRM Comment Period End 03/14/2011

Final Action 04/00/2012

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

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-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: 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

Timetable:

Action Date FR Cite

NPRM 01/13/2011 76 FR 2291

NPRM Comment Period End 03/14/2011

Final Action 04/00/2012

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

Phone: 303 676-3803Department 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: 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

Timetable:

Action Date FR Cite

NPRM 01/13/2011 76 FR 2288

NPRM Comment Period End 03/14/2011

Final Action 04/00/2012

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

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-AB48

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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 chapter 55; 5 USC 301
Legal Deadline: "The amendments by this section shall take effect on January 1, 2011. The Secretary of Defense shall 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

Timetable:

Action Date FR CiteInterim Final Rule Effective 04/27/2011

Interim Final Rule 04/27/2011 76 FR 23479

Interim Final Rule Comment Period End 06/27/2011

Final Action 12/00/2011

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

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

Timetable:

Action Date FR Cite

NPRM 09/20/2011 76 FR 58202

NPRM Comment Period End 11/21/2011

Final Action 05/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Joy Saly Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon Washington , DC 20301

Phone: 303 676-3742

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

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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

Timetable:

Action Date FR Cite

NPRM 09/20/2011 76 FR 58199

NPRM Comment Period End 11/21/2011

Final Action 05/00/2012

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

Phone: 303 676-3558

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

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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: 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

Timetable:

Action Date FR Cite

NPRM 09/20/2011 76 FR 58204

NPRM Comment Period End 11/21/2011

Final Action 05/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Patricia Lynn Toppings Department of Defense Office of Assistant Secretary for Health Affairs Washington Headquarters Service Suite 11000 1777 North Kent Street Rosslyn , VA 22209

Phone: 703 696-5284FAX: 703 696-1498

E-Mail: patricia.toppings@whs.mil

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, section 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

Timetable:

Action Date FR Cite

NPRM 09/16/2011 76 FR 57690

NPRM Comment Period End 11/15/2011

Final Action 05/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Patricia Lynn Toppings Department of Defense Office of Assistant Secretary for Health Affairs Washington Headquarters Service Suite 11000 1777 North Kent Street Rosslyn , VA 22209

Phone: 703 696-5284

FAX: 703 696-1498

E -Mail: patricia.toppings@whs.mil

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

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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 Chapter 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

Timetable:

Action Date FR Cite

Interim Final Rule 01/00/2012

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

Phone: 703 681-0064

Department of Defense (DOD) Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB30

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Title: TRICARE; Continued Health Care Benefit Program Expansion

Abstract: This rule executed the expansion of section 1078a of title 10, United States Code. With the recent expansions of the Military Health System (MHS) coverage, particularly with the Reserve Component members, some MHS beneficiaries would not be eligible for CHCBP under certain circumstances that terminate their MHS coverage. This provision allows the Secretary to establish CHCBP eligibility for any categories of MHS beneficiaries who otherwise would lose MHS coverage with no continued care eligibility. This rule also included administrative changes providing clarification on some issues and updated the final rule published in the Federal Register on September 30, 1994 (59 FR 49817).

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

Timetable:

Action Date FR Cite

NPRM 11/27/2009 74 FR 62271

NPRM Comment Period End 01/26/2010

Final Action 09/16/2011 76 FR 57637

Final Action Effective 10/17/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: MAJ Kathy Larkin Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon Washington , DC 20301-1200

Phone: 703 695-3323E-Mail: larkink@ha.osd.mil

Department of Defense (DOD) Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB37

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Title: TRICARE; Inclusion of Retail Network Pharmacies as Authorized TRICARE Providers for the Administration of TRICARE

Covered Vaccines

Abstract: This rule allows a TRICARE retail network pharmacy to be an authorized provider for the administration of three TRICARE-covered vaccines in the retail pharmacy setting. The three immunizations are H1N1 vaccine, seasonal influenza vaccine, and pneumococcal vaccine. In addition, this rule solicits, the interim final rule solicited public comment on also including other TRICARE-covered immunizations in the future for which retail network pharmacies with be authorized providers.

Priority: Other Significant 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

Timetable:

Action Date FR Cite

Interim Final Rule 12/10/2009 74 FR 65436

Interim Final Rule Effective 12/20/2009

Interim Final Rule Comment Period End 02/08/2010

Final Action 07/13/2011 76 FR 41036

Final Action Effective 08/12/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Lt. Col. Thomas Bacon Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon Washington , DC 20301

Phone: 703 681-2890

E-Mail: thomas.bacon@tma.osd.mil

Department of Defense (DOD) Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB40

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Title: TRICARE; Changes Included in the National Defense Authorization Act for Fiscal Year 2010; Expansion of Survivor Eligibility Under the TRICARE Dental Program

Abstract: The Department published this rule to implement section 704 of the National Defense Authorization Act for Fiscal Year 2010 (NDAA for FY10), Public Law 111-84. Specifically, that legislation expands the survivor eligibility under the TRICARE Dental Program (TDP). The legislation entitles a child or unmarried person placed in legal custody of a member or former member, as defined in 10 U.S.C. section 1072(2), subparagraph (D) or (I), continuation of eligibility for the TDP. The period of continued eligibility for these dependents shall be the longer of the following periods beginning on the date of the member's death: (1) three years; (2) the period ending on the date on which such dependent attains 21 years of age; or (3) in the case of such dependent who, at 21 years of age, is enrolled in a full-time course of study in a secondary school or in a full-time course of study in an institution of higher education approved by the administering Secretary and was, at the time of the member's death, in fact dependent on the member for over one-half of such dependent's support, the period ending on the earlier of the following dates: (a) The date on which such dependent ceases to pursue such a course of study, as determined by the administering Secretary; or (b) the date on which such dependent attains 23 years of age. This rule did not expand the TDP eligibility of other eligible survivors. Survivors, who meet the new eligibility requirements, regained TDP eligibility as of the publishing of the final rule in the Federal Register. Retroactive payment of premiums or claims paid for dental treatment during the time of loss of TDP eligibility will not be reimbursed to surviving dependents.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

Timetable:

Action Date FR Cite

NPRM 08/18/2010 75 FR 50950

NPRM Comment Period End 10/18/2010

Final Action 09/16/2011 76 FR 57643

Final Action Effective 10/17/2011

Regulatory Flexibility Analysis Required: No Government Levels 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

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-AB44

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Title: TRICARE: Unfortunate Sequelae From Noncovered Services in a Military Treatment Facility

Abstract: The Department of Defense published this rule to allow coverage for otherwise covered services and supplies required in the treatment of complications (unfortunate sequelae) resulting from a noncovered incident of treatment provided in a Military Treatment Facility (MTF), when the initial noncovered service has been authorized by the MTF Commander and the MTF is unable to provide the necessary treatment of the complications. This rule was necessary to protect TRICARE beneficiaries from incurring financial hardships due to the current regulatory restrictions that prohibit TRICARE coverage of treatment of the complications resulting from noncovered medical procedures, even when those procedures were conducted in a Department of Defense facility.

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

CFR Citation: 32 CFR 199.4 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 301; 10 USC ch 55
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/06/2010 75 FR 47519

NPRM Comment Period End 10/05/2010

Final Action 09/16/2011 76 FR 57642

Final Action Effective 10/17/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Rene Morrell Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon Washington , DC 20301

Phone: 303 676-3618Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG83

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Title: Reporting of Government-Furnished Property (DFARS Case 2012-D001)

Abstract: This rule revises and expands reporting requirements for Government-furnished property to include items uniquely and non-uniquely identified, and to clarify policy for contractor access to Government supply sources. The clause at Defense Federal Acquisition Regulation Supplement (DFARS) 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. The objective of the rule is to improve the accountability and control of DoD assets. At the time of publication, DoD was unable to estimate the number of small entities to which this rule will apply. Therefore, 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 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

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 03/00/2012

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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH04

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Title: Creation of Representation for Nontraditional Contractor (DFARS Case 2012-D004)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to define the term "nontraditional contractor," and to enable this class of contractors to represent its nontraditional contractor status to DoD. A nontraditional contractor is a contractor or offeror that, for the first time, is offering to DoD commercial items that do not include commercial items as defined in the definition of commercial items at FAR 2.101. or new technology not previously sold by the offeror. This rule provides a DoD-wide definition of nontraditional contractor and enables DOD to identify them. The objective of the rule is to leverage, to the maximum extent possible, the commercial marketplace in acquiring commercial items offered for the first time by a contractor. By defining what constitutes a nontraditional contractor, DoD will be better positioned to readily identify thisclass of contractors. This will facilitate and assist the acquiring activity in the drafting of its requirements, and will enable thesenontraditional contractors to determine if they can respond to the DoD's needs. The rule will only address the need for a DoDwide definition of, and representation by, a nontraditional contractor. It does not impose any substantial requirements and any economic impact is expected to be minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303; 10 USC 2371; PL 103-160
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH38

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Title: Separation of Combined Provisions and Clauses (DFARS Case 2011-D048)

Abstract: This rule proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to separate provisions and clauses that are currently 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 remove the representations from five DFARS clauses and create five new provisions to be included in solicitations that include the associated clauses.

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

CFR Citation: 48 CFR ch 1; 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

Timetable:

Action Date FR Cite

NPRM 02/00/2012

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.milDepartment of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH39

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Title: Applicability of Hexavalent Chromium Policy to Commercial Items (DFARS Case 2011-D047)

Abstract: DoD proposes to amend 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 proposes to correct that oversight.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
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

Timetable:

Action Date FR Cite

NPRM 12/00/2011

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH40

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Title: Updates to Wide Area WorkFlow (WAWF) (DFARS Case 2011-D027)

Abstract: DoD proposes to amend 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: Proposed Rule
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

Timetable:

Action Date FR Cite

NPRM 12/00/2011

Regulatory Flexibility Analysis Required: Business;
Governmental Jurisdictions Government Levels Affected: Federal

Federalism: No Energy Affected: NoAgency Contact: Mary Overstreet Department of Defense Defense Acquisition Regulations Council 3060 Defense Pentagon Washington , DC 20301

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH42

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Title: Contracting With the Canadian Commercial Corporation (DFARS Case 2011-D049)

Abstract: This rule proposes to amend 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. This proposed rule solicits public comments on suggested DoD clarifications to DFARS subpart 215.4 discussed during bilateral integrated product team meets of representatives from the U.S. Government and Canada. The purpose of this rule is to clarify the requirement 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. In order to facilitate requests for data other than certified cost or pricing data when contracting with the Canadian Commercial Corporation, this rule proposes a new provision for use in appropriate solicitations with the Canadian Commercial Corporation, and a comparable clause to be included in contracts to cover modifications that may require submission of data other than certified cost or pricing data. The rule prescribes use of this provision and clause in solicitations and contracts for sole source acquisitions from the Canadian Commercial Corporation that are expected to result in cost-reimbursement contracts expected to exceed the simplified acquisition threshold or fixed-price contracts expected to exceed $500 million. No domestic entities will be impacted by this rule because it only impacts Canadian business concerns.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule
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
Legal Deadline: None

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 04/00/2012

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: Mary Overstreet Department of Defense Defense Acquisition Regulations Council 3060 Defense Pentagon Washington , DC 20301

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

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

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

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements forDoD contractors to use the Electronic Subcontracting Reporting System (eSRS) for submission of small business subcontracting reports to the Government. This rule amended DFARS subparts 219.708 and 252.219 to provide DoD-specific procedures and policies related to its implementation of eSRS. The FAR has already been revised to reflect use of eSRS, rather than Standard Form 294 (Subcontract Report for Individual Contracts)and Standard Form 295 (Summary Subcontract Report) for submission of small business subcontract reports. This 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, Small businesses are not required to have subcontracting plans, and therefore, are not required to use eSRS to submit reports on their progress in achieving the goals in those plans. Therefore, minimal economic impact is expected.

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 421
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 10/25/2010

Interim Final Rule 10/25/2010 75 FR 65439

Interim Final Rule Comment Period End 12/27/2010

Final Action 06/00/2012

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

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

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

Abstract: This rule amends 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 will invite 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: Final 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

Timetable:

Action Date FR CiteANPRM 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 11/30/2011 76 FR 55297

Final Action 04/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: Mary Overstreet Department of Defense Defense Acquisition Regulations Council 3060 Defense Pentagon Washington , DC 20301

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG58

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Title: Business Systems--Definition and Administration (DFARS Case 2009-D038)

Abstract: DoD is adopting 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 is issuing a rule to improve the effectiveness of DCMA/DCAA oversight and clarify the definition and administration of contractor business systems. The rule addresses 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 will apply 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: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 215; 48 CFR 234; 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

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 Effective 05/18/2011

Interim Final Rule 05/18/2011 76 FR 28855

Interim Final Rule Comment Period End 07/18/2011

Final Action 04/00/2012

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 DefenseDefense Acquisition Regulations Council OUSD/AT&L DPAP/DARS 3060 Defense Pentagon Room 3B855 Washington , DC 20301-3060

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG62

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Title: Patents, Data, and Copyrights (DFARS Case 2010-D001)

Abstract: This rule revises the Defense Federal Acquisition Regulation Supplement (DFARS) part 227 to update and streamline the regulations relating to patents, data, and copyrights. This is a follow-on case to DFARS Case 2003-D049, Patents, Data, and Copyrights. The rule removes text and clauses that are obsolete or unnecessary; relocates and integrates the coverage for computer software and computer software documentation with the coverage for technical data to eliminate redundant coverage for these subjects while retaining the necessary distinctions; eliminates or combines the clauses associated with technical data and computer software, consistent with the revised and streamlined regulatory coverage; relocates, reorganizes, and clarifies the coverage for rights in works; and relocates to the DFARS companion resource, Procedures, Guidance, and Information (PGI), text that is not regulatory in nature and does not impact the public. Because the rule updates and clarifies DFARS text, but makes no significant change to DoD policy regarding patents, data, and copyrights, any economic impact is expected to be

minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 227; 48 CFR 252; 48 CFR 212 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/27/2010 75 FR 59411

NPRM Comment Period Extended 11/26/2010 75 FR 72777

NPRM Comment Period Extended End 12/27/2010

Final Action 02/00/2012

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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG66

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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: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 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 DFARS 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

Timetable:

Action Date FR Cite

Interim Final Rule Effective 07/13/2010

Interim Final Rule 07/13/2010 75 FR 40716

Interim Final Rule Comment Period End 09/13/2010

Final Action 02/00/2012

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG94

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Title: Responsibility and Liability for Government Property (DFARS Case 2010-D018)

Abstract: This rule amends 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 proposes that DoD contractors not be held liable for loss of Government property under such contracts, and eliminates the use of Alternate I of the FAR clause at 52.245-1, Government Property. Use of Alternate I requires contractors to assume the risk and be responsible for loss of Government property. The basic premise of this case, that the Government should be self-insuring under contracts that provide Government property, is 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: Final Rule
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
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/19/2011 76 FR 21852

NPRM Comment Period End 06/20/2011

Final Action 12/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: NoFederalism: 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

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

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

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 821 of the National Defense Authorization Act for Fiscal Year 2010. Section 821 provides authority for certain types of Government support contractors to have access to proprietary technical data belonging to prime contractors and other third parties, provided that the technical data owner may require the support contractor to execute a non-disclosure agreement having certain restrictions and remedies. Additionally, this rule amends the DFARS to provide needed editorial changes. The rule implements a new third statutory exception to the prohibition on release of privately developed data outside the Government, allowing 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. There are no known significant alternatives to the rule that would meet the requirements of the statute and minimize any significant economic impact of the rule on small entities. The impact of this rule on small business is not expected to be significant because the execution of a 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 ch 1 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 111-84
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective Date 03/02/2011

Interim Final Rule 03/02/2011 76 FR 11363

Interim Final Rule Comment Period End 05/02/2011

Final Action 01/00/2012

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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.milDepartment of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG96

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Title: Independent Research and Development Technical Descriptions (DFARS Case 2010-D011)

Abstract: This final rule amends 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). 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: Final Rule
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: 10 USC 2372; 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/02/2011 76 FR 11414

NPRM Comment Period End 05/02/2011

Final Action 02/00/2012

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

Phone: 703 602-8384

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: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to require that offerors representwhether 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 proposed rule will require 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 will be 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, alreadyrequires 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: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR; 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

Timetable:

Action Date FR Cite

NPRM 06/06/2011 76 FR 32846

NPRM Comment Period End 08/05/2011

Final Action 02/00/2012

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

Phone: 703 602-8384

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: This rule amends the Defense Federal Acquisition Regulation Supplement to address acquisitions in which only one offer is received. If less than 30 days was allowed for receipt of proposals, the contracting officer must re-solicit for an additional 30 days. If the solicitation allowed at least 30 days for receipt of proposals, then the contracting officer must conduct negotiations. Both of 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 proposing to amend 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.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
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

Timetable:

Action Date FR Cite

NPRM 07/25/2011 76 FR 44293

NPRM Comment Period Extended 09/27/2011 76 FR 59623

NPRM Comment Period End 09/23/2011

NPRM Comment Period Extended End 10/07/2011

Final Action 03/00/2012Regulatory Flexibility Analysis Required: Undetermined 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

Phone: 703 602-8384

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: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to accelerate payments to all small business concerns. Currently, DoD assists 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 proposes removal of the term "disadvantaged" from the language at DFARS 232.903 and DFARS 232.906(a)(ii) extending this assistance to all small business concerns. This will align 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 proposes to extend accelerated payment assistance to all small business concerns, a positive economic impact on small business is expected.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
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

Timetable:

Action Date FR Cite

Interim Final Rule Effective 04/27/2011

Interim Final Rule 04/27/2011 76 FR 23505

Interim Final Rule Comment Period End 06/27/2011

Final Action 12/00/2011

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH22

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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.Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
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: This interim rule implements section 821 of the National Defense Authorization Act for Fiscal Year 2011. This requirement became effective upon enactment. January 7, 2011. This action is necessary in order to enable contracting officers to comply with this new requirement.

Action Source Description Date

Other Statutory Effective upon enactment of PL 111-383 01/07/2011

Timetable:

Action Date FR Cite

Interim Final Rule Effective 06/06/2011

Interim Final Rule 06/06/2011 76 FR 32843

Interim Final Rule Comment Period End 08/05/2011

Final Action 02/00/2012

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

Phone: 703 602-8384

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: Implements 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: Final Rule
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: PL 111-383
Legal Deadline:

Action Source Description Date

Other Statutory sec 866 of PL 111-383 became effective upon enactment. 01/07/2011

Timetable:

Action Date FR Cite

Interim Final Rule Effective 06/29/2011

Interim Final Rule 06/29/2011 76 FR 38048

Interim Final Rule Comment Period End 08/29/2011

Final Action 03/00/2012Regulatory 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

Phone: 703 602-0311

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: This interim rule amends 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 interim 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 interim 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. Nevertheless, an initial regulatory flexibility analysis has been performed. Additionally, DoD invites 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: Final Rule
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 interim 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

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/19/2011

Interim Final Rule 08/19/2011 76 FR 52133

Interim Final Rule Comment Period End 10/18/2011

Final Action 03/00/2012

Regulatory Flexibility Analysis Required: Business; Organizations 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 3060 Defense PentagonWashington , DC 20301

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH29

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Title: Simplified Acquisition Threshold for Humanitarian or Peacekeeping Operations (DFARS Case 2011-D032)

Abstract: This interim rule amends 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 interim 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. However, DoD invites 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: Final Rule
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 2303; 41 USC 134
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 07/25/2011

Interim Final Rule 07/25/2011 76 FR 44280

Interim Final Rule Comment Period End 09/23/2011

Final Action 12/00/2011

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

Phone: 703 602-8384

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 is issuing an interim rule 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 themanufacturing readiness and manufacturing-readiness processes of potential contractors and subcontractors as a part of the source selection process for major defense acquisition programs. The interim rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) subpart 215.3, Source Selection by adding paragraph (iv) 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: Final Rule
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: 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

Timetable:

Action Date FR Cite

Interim Final Rule Effective 06/29/2011

Interim Final Rule 06/29/2011 76 FR 38050

Interim Final Rule Comment Period End 08/29/2011

Final Action 02/00/2012

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

Phone: 703 602-0311

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: This interim rule amends 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: Final Rule
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: PL 111-383; PL 110-417
Legal Deadline: Section 834 of the National Defense Authorization Act for Fiscal Year 2011 became effective on enactment, January 7, 2011, and requires 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 07/07/2011Timetable:

Action Date FR Cite

Interim Final Rule 09/16/2011 76 FR 57674

Interim Final Rule Comment Period End 11/15/2011

Final Action 05/00/2012

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

Phone: 703 602-8384

E-Mail: ynette.shelkin@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: This final rule amends 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 can be published as a final rule without first obtaining public comment. The rule adds a contract administration function that is entirely internal to the Government and will not impact contractors.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
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
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2011

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.milDepartment of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH43

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Title: Utilization of Domestic Photovoltaic Devices (DFARS Case 2011-D046)

Abstract: This interim rule amends 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 amends 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 interim rule may 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 ch 1 (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

Timetable:

Action Date FR Cite

Interim Final Rule 12/00/2011

Final Action 03/00/2012

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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AF84

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Title: Presumption of Development Exclusively at Private Expense (DFARS Case 2007-D003)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 802(b) of the National Defense Authorization Act for Fiscal Year 2007. Section 802(b) amended provisions regarding rights in technical data for items developed exclusively at private expense. This rule implemented special requirements and procedures related to the validation of a contractor's or subcontractor's asserted restrictions on technical data and computer software. More specifically, the rule affected these validation procedures for two special categories of items: commercial items (including commercially available off-the-shelf items), and major systems (including subsystems and components of major systems). Thedetailed procedures require the contracting officer to presume that the asserted restrictions have been justified (on the basis that the item was developed exclusively at private expense), whether or not the contractor or subcontractor submits a justification in response to the challenge notice issued by the contracting officer. The contracting officer's challenge may be sustained only if information provided by DoD demonstrates that the item was not developed exclusively at private expense. A contracting officer's challenge to asserted restrictions on technical data relating to a major system shall be sustained unless the contractor or subcontractor submits information demonstrating that the item was developed exclusively at private expense. Based on the historically low incidence of formal challenges to validate asserted restrictions by small businesses on major systems or subsystems or components of subsystems, 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 252.227- 7013; 48 CFR 252.227-7015; 48 CFR 252.227-7019; 48 CFR 252.227-7037 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 109-364, sec 802(b)
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/07/2010 75 FR 25161

NPRM Comment Period End 07/06/2010

Final Action 09/20/2011 76 FR 58144

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG23

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Title: Acquisition of Commercial Items (DFARS Case 2008-D011)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections 805 and815 of the National Defense Authorization Act for Fiscal Year 2008. The rule specifies the conditions under which a time-andmaterials or labor-hour contract may be used for the acquisition of commercial items. In addition, the rule addresses the conditions under which major weapon systems and subsystems may be treated as commercial items. More specifically, the rule provided clarification regarding situations under which a major weapon system, subsystems of major weapon systems, or components and spare parts for major weapon systems, may be acquired using procedures established for the acquisition of commercial items. The rule also clarified that the terms "general public" and "nongovernmental entities" with regard to sales of commercial items do not include the Federal Government or a State, local, or foreign government. DoD will adopt the interim rule as a final rule with minor editorial changes. Because the rule reinforces existing requirements for the appropriate use of commercial acquisition procedures and for ensuring that contract prices are fair and reasonable, 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 202.101; 48 CFR 212.207; 48 CFR 234.7002 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 110-181, sec 805; PL 110-181, sec 815
Legal Deadline:

Action Source Description Date

Other Statutory 07/26/2008

Timetable:Action Date FR Cite

Interim Final Rule Effective 07/15/2009

Interim Final Rule 07/15/2009 74 FR 34263

Interim Final Rule Comment Period End 09/14/2009

Correction 08/27/2010 75 FR 52650

Final Rule 08/20/2010 75 FR 51416

Final Action Effective 04/19/2011

Final Action 04/19/2011 76 FR 21810

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG25

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Title: Defense Cargo Riding Gang Member (DFARS Case 2007-D002)

Abstract: This final rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 3504 of the National Defense Authorization Act for Fiscal Year 2009. Section 3504 addresses requirements that apply to persons who perform work on U.S. flag vessels under DoD contracts for transportation services (called riding gang members). Members of "riding gangs" perform work beyond standard vessel maintenance and repair while U.S. flag ships are underway. Such riding gang members must hold a U.S. merchant Mariner's Document or a transportation security card. Section 3504 also permits exemptions for certain individuals, provided a background check of the individual is conducted. In accordance with the rule, DoD may not award, renew, or extend, or exercise an option under a charter of, or contract for transport of cargo by, a U.S. flag vessel unless the contract contains the requirements to be met for riding gang members aboard U.S. flag ships transporting DoD cargo. The requirements of the rule apply only to entities interested in receiving DoD contracts for transport of DoD cargo. An interim rule was published at 75 FR 65437 on October 25, 2010. DoD invited comments from small businesses and other interested parties on the impact of this rule on small entities because it was unable to determine the impact with any accuracy. No comments were received in response to the initial regulatory flexibility analysis as published in the interim rule. DoD anticipates that there will be limited, if any, additional costs imposed on small businesses.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 247; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 109-364, sec 1018
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 10/25/2010

Interim Final Rule 10/25/2010 75 FR 65437

Interim Final Rule Comment Period End 12/27/2010

Final Action 10/04/2011 76 FR 61279

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: Ynette R. Shelkin Editor, Defense Acquisition Regulations System Department of DefenseDefense Acquisition Regulations Council OUSD/AT&L DPAP/DARS 3060 Defense Pentagon Room 3B855 Washington , DC 20301-3060

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG35

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Title: Minimizing the Use of Materials Containing Hexavalent Chromium (DFARS Case 2009-D004)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for minimizing the use of hexavalent chromium in items purchased by DoD. The rule prohibits the delivery of items containing hexavalent chromium under DoD contracts unless an exception applies or has been authorized by the Government. On April 8, 2009, the Under Secretary of Defense (Acquisition, Technology, and Logistics) issued a memorandum establishing policy for the minimization of hexavalent chromium use throughout DoD. The rule allows for the codification of the policy outlined in the April 8, 2009, memorandum for the acquisition community to effectively implement the guidance in contract requirements. This rule adds a new DFARS subpart and a corresponding contract clause to address requirements for minimizing the use of hexavlent chromium in items purchased by DoD. The rule enables DoD to comply with the requirements established in Executive Orders 13514 and 13423 to reduce the use of toxic and hazardous substances. Further, the rule is timely and necessary to provide industry guidance and policy to adopt substitutes for hexavalent chromium. Non-hexavalent chromium processes should be less costly due to the use of less hazardous materials and related control and disposal cost.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 223; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/08/2010 75 FR 18041

NPRM Comment Period End 06/07/2010

Final Action Effective 05/05/2011

Final Action 05/05/2011 76 FR 25569

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG38

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Title: Government Property (DFARS Case 2009-D008)

Abstract: This final rule amends the Defense Acquisition Regulation Supplement (DFARS) to update policy on the reporting, redistribution, and disposal of Government property in the possession of contractors. The rule revises DFARS part 225 for consistency with recent revisions to FAR part 45, government Property, published at 72 FR 27364 on May 15, 2007, that addresses management of Government property in the possession of contractors. The rule also adds a new property disposalclause entitled Reporting, Reutilization, and Disposal. The rule imposes no new requirements on small businesses. It makes no significant change to DoD policy regarding the management of Government property in the possession of contractors. 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 245.6 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/03/2010 75 FR 75444

NPRM Comment Period End 02/01/2011

Final Action Effective 08/19/2011

Final Action 08/19/2011 76 FR 52139

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG39

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Title: Annual Representations and Certifications (DFARS Case 2009-D011)

Abstract: The rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to update a provision addressing offeror annual representations and certifications in the Online Representations and Certifications Application (ORCA) to conform it with changes in the Federal Acquisition Regulation (FAR) relating to annual representations and certifications. FAR 52.204-8 was changed to add a new paragraph (c), which indicates the applicable representations and certifications in ORCA. The rule also requires the DFARS representations and certifications in ORCA to be listed in DFARS clause 252.204-7007. The change was to internal Government operating procedures. Therefore, its 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 252.204- 7007 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/24/2010 75 FR 71646

NPRM Comment Period End 01/24/2011

Final Action 09/20/2011 76 FR 58140

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 Council3060 Defense Pentagon Washington , DC 20301

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG72

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Title: Guidance on Personal Services (DFARS Case 2009-D028)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to further implement section 831 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. The statute required DoD to develop guidancerelated to personal services contracts enabling contracting officers to better distinguish between personal services and nonpersonal services. The rule amends DFARS parts 211 and 237 to (1) require that statements of work or performance work statements clearly distinguish between Government employees and contractor employees and (2) ensure that procedures are adopted to prevent contracts from being awarded or administered as unauthorized personal services contracts. Because of the differing missions of DoD agencies, the interim rule required agencies to adopt their own procedures. Because the change solely impacts internal Government operating procedures, any 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 211; 48 CFR 237 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 129b; 10 USC 1091; PL 110-417; USC 418b
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 09/08/2010

Interim Final Rule 09/08/2010 75 FR 54524

Interim Final Rule Comment Period End 11/08/2010

Final Action Effective 05/05/2011

Final Action 05/05/2011 76 FR 25565

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG74

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Title: Warranty Tracking of Serialized Items (DFARS Case 2009-D018)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a policy memorandum of the Undersecretary of Defense for Acquisition, Technology and Logistics dated February 6, 2007, that required definition of the requirements to track warranties for Item Unique Identification-required items in the Item Unique Identification registry. This proposed rule stresses that the enforcement of warranties is essential to the effectiveness and efficiency of DoD's material readiness. The capability to track warranties will significantly enhance the ability of DoD to–(1) Identify and enforce warranties, (2) Ensure sufficient durations of warranties for specific goods; and (3) Realize improved material readiness. The rule is structured to reduce burden to contractors and to facilitate data capture. DoD anticipates that there will be limited, if any,additional costs imposed on small businesses.

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

CFR Citation: 48 CFR 211; 48 CFR 246; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 401
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/30/2010 75 FR 52917

NPRM Comment Period End 10/29/2010

Final Action Effective 06/08/2011

Final Action 06/08/2011 76 FR 33166

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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG78

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Title: Ownership or Control by a Foreign Government (DFARS Case 2010-D010)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement revisions to DoD Directive-Type Memorandum (DTM) 09-019, "Policy Guidance for Foreign Ownership, Control, or Influence (FOCI)." The DTM revises the description of communications security material that is "proscribed information," i.e., that is prohibited from release. In reviewing the DTM, it became apparent that the current wording at Defense Federal Acquisition Regulation Supplement (DFARS) 252.209-7002 is potentially misleading. If the DFARS is not changed to be consistent with the revised DTM, contracting officers and contractors will be misinformed as to the meaning of ``proscribed information.'' Because the rule only impacts companies that are owned or controlled by a foreign government, and most small entities, as defined in the Regulatory Flexibility Act, are not owned or controlled by a foreign government, 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 209; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 42; 48 CFR ch 1
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 06/23/2010

Interim Final Rule 06/23/2010 75 FR 35684

Interim Final Rule Comment Period End 08/23/2010

Final Action Effective 04/19/2011

Final Action 04/19/2011 76 FR 21812

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Energy Affected: NoAgency 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG79

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Title: Multiyear Contracting (DFARS Case 2009-D026)

Abstract: This rule updated and clarified the requirements of Defense Federal Acquisition Regulation Supplement (DFARS) subpart 217.1 relating to multiyear contracting. This Defense FAR Supplement case was initiated by DoD based on an internal DoD policy decision to perform a comprehensive review of DFARS subpart 217.1, Multiyear Contracting. This effort includes reorganizing existing coverage for multiyear acquisitions. Citations to the United States Code, relevant DoD regulations, and the Federal Acquisition Regulation, have been updated. No changes to existing DoD policy, including implementation of any statutorily mandated acquisition-related thresholds, were made in this rule. Because the rule did not change the existing requirements of subpart 217.1 and because these requirements are primarily internal procedures for DoD, 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 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/02/2011 76 FR 11411

NPRM Comment Period End 05/02/2011

Final Action 09/20/2011 76 FR 58152

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Energy Affected: No

Related RINs: Merge with 0750- AF50 Agency Contact: Mary Overstreet Department of Defense Defense Acquisition Regulations Council 3060 Defense Pentagon Washington , DC 20301

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG82

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Title: Discussions Prior to Contract Award (DFARS Case 2010-D013)

Abstract: This rule amended the Defense Federal Acquisition Reulation Supplement (DFARS)to strongly encourage discussions prior to award for source selections of procurements estimated at $100 million or more. The change was recommended by the DoD Source Selection Joint Analysis Team (JAT), chartered by the Deputy Under Secretary of Defense (Acquisition, Technology, and Logistics). To improve the quality of high-dollar value, more complex source selections and reduce turbulence and inefficiency resulting from sustained contractor protests, the JAT recommended that discussions prior to award be strongly encouraged for source selections with a dollar value of $100 million or more. DoD research has indicated thatholding meaningful discussions with industry prior to contract award on these types of procurements improves both industry's understanding of solicitation requirements and the Government's understanding of industry issues, and often results in better contract performance. The rule did not add to or delete existing regulations on discussions for the vast majority of DoD procurements, i.e., those under $100 million. For the largest procurements of at least $100 million, any increase in discussions is anticipated to benefit all offerors, including small businesses, by providing them an opportunity to explain details of the offer and market their particular capabilities. The opportunity to participate in discussions increases the probability of selection for award, and is, therefore, expected to benefit small business.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action
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; 48 CFR ch 1
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/24/2010 75 FR 71647

NPRM Comment Period End 01/24/2011

Final Action 09/20/2011 76 FR 58150

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG88

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Title: Prohibition on Interrogation of Detainees by Contractor Personnel (DFARS Case 2010-D027)

Abstract: This final rule implements section 1038 of the Fiscal Year 2010 National Defense Implements Authorization Act (Pub. L. 111-84). Section 1038 prohibits contractor personnel from interrogating detainees under the control of the Department of Defense. It also allows the Secretary of Defense to waive the prohibition for a limited period of time, if determined necessary to the national security interests of the United States. The interim rule added coverage at Defense Federal Acquisition Regulation Supplement (DFARS) 237.173 and a new clause at DFARS 252.237-7010 that prescribes policies prohibiting interrogation of detainees by contractor personnel as required by the statute. The interim rule also addressed permissible support roles for contractors by providing that contractor personnel with proper training and security clearances may be used as linguists, interpreters, report writers, information technology technicians, and other employees filling ancillary positions, including as trainers of, and advisors to, interrogations, if the contractor personnel meet the criteria provided by DoD Instruction 1100.22, Policy and Procedures for Determining Workforce Mix; DoD Directive 2310.01E, The Department of Defense Detainee Program; and DoD Directive 3115.09, DoD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning. This rule only prescribed policies that prohibit interrogation of detainees by contractor personnel. DoD anticipates that there will be no additional costs imposed on small businesses.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 237; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303; PL 111-84
Legal Deadline: Immediate implementation of this statute is necessary to preclude a contracting officer from inadvertently awarding a contract that allows for the interrogation of detainees by contractor personnel.

Action Source Description Date

Other Statutory section 1038 of the Fiscal Year 2010 National Defense Authorization Act (Pub. L 111-84)Timetable:

Action Date FR Cite

Interim Final Rule Effective 11/03/2010

Interim Final Rule 11/03/2010 75 FR 67632

Interim Final Rule Comment Period End 01/03/2011

Final Action Effective 07/25/2011

Final Action 07/25/2011 76 FR 44282

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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG90

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Title: Participation of Historically Black Colleges and Universities and Minority-Serving Institutions in Defense Research Programs

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 252 of the National Defense Authorization Act for Fiscal Year 2010 which addresses the establishment of a program to provide assistance to institutions of higher education. Section 252 requires the Secretary of Defense through the Director of Defense Research and Engineering and the Secretary of each military department, carry out a program to provide assistance to covered educational institutions which aid DoD in the areas of defense-related research, development, testing, and evaluation. A "covered educational institution" means (1) an institution of higher education eligible for assistance under titles III or V of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.); or (2) an accredited postsecondary minority institution. The objective of the program is to enhance defense-related research and education at these educational institutions. Under this program, the Secretary of Defense may provide covered educational institutions with funding or technical assistance to support research, development, testing, and evaluation activities and educational enhancements in areas important to national defense through the competitive awarding of contracts and/or the acquisition of research equipment or instrumentation. Because the new program provided under this rule will replace an existing program that pertained to the same participants, it is anticipated that the rule will not impose any burdens on the participants. Case closed on 5-6-11 without further action. Will pusrsue other implementation measures.

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 111-84
Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 05/06/2011

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

Phone: 703 602-0311E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG91

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Title: Construction and Architect-Engineer Services Performance Evaluation (DFARS Case 2010-D024)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to remove the requirement to prepare contractor performance evaluations for construction and architect-engineer services by using DoD-unique forms. In 2010, consistent with the Office of Federal Procurement Policy memorandum dated July 29, 2008, Improving the Use of Contractor Performance Information, the Contractor Performance Assessment Reporting System (CPARS) was named as the sole system for collecting past-performance information. As such, CPARS will support Governmentwide data collection requirements for contractor past performance reporting, to include construction and A&E contracts, and DFARS was updated to delete the outdated procedures and references to the obsolete DoD forms. The clarifications require no additional effort by contractors as the changes simply updated the DFARS to reflect the current automated process being used. CPARS is already being used by DoD personnel to report construction and A&E services contractor past performance, and the DFARS was merely updated to remove references to obsolete forms and procedures and reflect the current process. No start-up costs are expected as only Internet access is required should small entities elect to comment on their past performance rating in CPARS. Accordingly, 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 1 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/19/2011 76 FR 21851

NPRM Comment Period End 06/20/2011

Final Action 09/20/2011 76 FR 58155

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG92

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Title: Identification of Critical Safety Items

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to add a new contract clause that clearly identifies any items being purchased that are critical safety items so that the proper risk-based surveillance can be performed. When DoD requiring activities initiate procurements involving critical safety items, the buying activities will include a clause in the solicitation and resulting contract that identifies specific items in the procurement that are critical safety items. The National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136), section 802, entitled "Quality Control in Procurement of Aviation Critical Safety Items and Related Services," defined "aviation critical safety item" to mean a part, assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system which, if it failed, could cause catastrophic damage, unacceptable risk of personal injury, or loss of life. Implementing regulations established processes for designated design control activities to identify aviation critical safety items. When design control activities identify such items to the contracting activity, they will contract only with sources approved by the designcontrol activity for the procurement, modification, repair, or overhaul of critical safety items. Using the clause in this rule will enable contract administration activities to identify and apply additional risk-based surveillance to comply with joint agency instructions such as Management of Aviation Critical Safety Items (dated January 25, 2006). The rule does not impose new requirements on small entities. Its purpose is to alert Government quality-assurance activities to existing heightened surveillance requirements that are imposed by DoD requiring activities. The process for identifying an item as a critical safety item occurs entirely outside the procurement process, as does the process of approving a source for production of a critical safety item. Therefore, any 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 209; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 410 USC 1303; PL 109-136
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/17/2011 76 FR 14641

NPRM Comment Period End 05/16/2011

Final Action Effective 08/19/2011

Final Rule 08/19/2011 76 FR 52138

Regulatory Flexibility Analysis Required: No 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG93

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Title: Definition of Sexual Assault; DFARS Case 2010-D023

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) regarding Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, to ensure contractor employees are aware of the DoD definition of "sexual assault" as defined in DoD Directive 6495.01, Sexual Assault Prevention and Response (SAPR) Program. In addition to ensuring an awareness of the definition, the proposed change will inform contractors that, for contractor employees accompanying U.S. Armed Forces, such offenses are covered under the Uniform Code of Military Justice. This proposed change will add a new item for compliance with laws and regulations at DFARS 252.225-7040(d)(3). DoD Inspector General audit D-2010-052, entitled "Efforts to Prevent Sexual Assault/Harassment Involving DoD Contractors During Contingency Operations," dated April 16, 2010, pro vided recommendations for the Under Secretary of Defense for Acquisition, Technology, and Logistics to develop requirements in all DOD contracts supporting contingency operations to ensure contractor employees accompanying U.S. Armed Forces are aware of the definition of sexual assault. DFARS 252.225-7040(e)(2)(iv) already informs contractors that contractor personnel authorized to accompany U.S. Armed Forces in the field are subject to the jurisdiction of the Uniform Code of Military Justice. This change clarifies that sexual assault is an offense covered under the Uniform Code of Military Justice. Accordingly, any economic impact is anticipated to be minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 410 USC 1303
Legal Deadline: None

Timetable:Action Date FR Cite

NPRM 11/30/2010 75 FR 73997

NPRM Comment Period End 01/31/2011

Final Action Effective 06/29/2011

Final Action 06/29/2011 76 FR 38051

Regulatory Flexibility Analysis Required: No 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG97

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Title: Agency Office of the Inspector General (DFARS Case 2011-D006)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to make some administrative corrections relating to the DFARS clause 252.203-7003, Agency Office of the Inspector General. This rule adds the clause title to the clause prescription at DFARS 203.1004 It also provides the address of the DoD Office of the Inspector General to the list of contract terms and conditions required to implement statutes or Executive orders applicable to DoD acquisitions of commercial items (DFARS 252.212-7001). This final rule does not constitute a significant FAR 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 is not required.

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

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action Effective 06/06/2011

Direct Final Rule 06/06/2011 76 FR 32839

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Energy Affected: No

Related RINs: Related to 0750- AG34 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD)Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG98

View Related Documents

Title: Display of DoD Inspector General Fraud Hotline Posters (DFARS Case 2010-D026)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to require contractors to display the DoD fraud hotline poster in common work areas within business segments performing work under the contract and at contract work sites. This rule implemented the recommendations of the DoD Inspector General (IG), by providing a DFARS clause to use instead of the FAR clause 52.203-14, Display of Hotline Poster(s). The new DFARS clause provides no exception to the use of the DoD hotline poster for contractors that have implemented a business ethics and conduct awareness program, including a reporting mechanism such as a hotline poster, as does the FAR clause. The DFARS clause also provides for display of any applicable Department of Homeland Security hotline poster identified by the contracting officer. The requirement to display posters has minimal economic impact and the rule only applies to contracts and subcontracts that exceed $5 million in value, so many small business concerns are not impacted at all.

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

CFR Citation: 48 CFR 203; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/11/2011 76 FR 13327

NPRM Comment Period End 05/10/2011

Final Action 09/16/2011 76 FR 57671

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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH00

View Related Documents

Title: Evaluated Priced Options on Existing Federal Prison Industries Contracts

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to provide clarification to contracting officers and other acquisition officials regarding application of section 827 of the National Defense Authorization Act for Fiscal Year 2008 to exercise of evaluated priced options in existing Federal Prison Industries (FPI) contracts or other existing prime contracts for a product for which FPI is a mandatory source. On November 19, 2009, a final rule was published at 74 FR 59914, which amended the DFARS to implement section 827 of the National Defense Authorization Act (NDAA) for Fiscal Year 2008. Section 827 changed competition requirements for purchases from FPI. The statute requires DoD to use competitive procedures when procuring products for which FPI has a significant market share. However, if an existing FPI contract, or an existing prime contract for a product for which FPI is a mandatory source, includes an option clause and a priced option (or options) that was evaluated and awarded prior to the publication of the current list of Federal Supply Classification (FSC) items to be competed, the contracting officer may determine whether— • Competing the product will have no adverse impact on meeting mission requirements; or, conversely, • There is not a reasonable amount of time to solicit the product for competition. If the evaluated priced option is exercised based on the latter determination, the contracting officer is not allowed to award a subsequent evaluated option to FPI without competition, if the item remains on the list. DoD does not expect this rule to have a significant cost or administrative impact on contractors or offerors because the procedures for purchasing from Federal Prison Industries already exist within the FAR. However, DoD will invite 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: 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 421; PL 110-181
Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/14/2011

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH01

View Related Documents

Title: Option to Extend Services (DFARS Case 2011-D003)

Abstract: This rule would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to provide a DoD alternative to the FAR clause "Option to Extend Services" in order to clarify and appropriately limit the use of this specialized authority in response to two General Accountability Office decisions. The DFARS clause would be included in contracts for services to provide the Government with a means for continuing performance without a break in service when a follow-on contract is not in place at the end of the current contract's performance period ( whether that is the basic contract period or an option period). The clause can be exercised only in extreme circumstances. The intent of the clause was to provide the Government the unilateral right to a brief extension of services, at current contract rates (unless there is a new Department of Labor (DOL) wage determination), and for a period not to exceed a total of six months (per contract, including all options). The rule would not have resulted in any additional burdens on small businesses. It would have relocated an existing Government tool from the FAR to the DFARS and aids improved communications between DoD and the contractor when extreme circumstances may require continued performance. Therefore, any economic impact was expected to be minimal. This rule, however, has been withdrawn without any further action.

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

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 410 USC 421
Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/14/2011

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.milDepartment of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH02

View Related Documents

Title: Alternative Line-Item Structure (DFARS Case 2010-D017)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to provide an offeror the opportunity to propose an alternative contract line-item structure from what is described in the solicitation that reflects the offeror's business practices for selling and billing commercial items and initial provisioning of spares for weapon systems. An offeror's proposed alternative-line item structure must be consistent with DFARS 204.71, which provides explicit guidance on the use of contract line items and subline items. Establishing a process that provides offerors an opportunity to propose an alternative contract line item structure is a first step in the transformation towards manageable variation in the transactions across DoD. DoD identified the need to propose an alternative line-item structure during process reviews and working group sessions which were chartered by the Defense Finance and Accounting System, for the purposes of examining issues causing problems in the receipt and acceptance phase for contract deliverables and payments.. The line-item structure in a solicitation is not always sufficient for delivery, payment, and subsequent inventory management of the items delivered. For example, the contract line item may be for a desktop computer, but the actual items delivered, invoiced, and inventoried may reflect a separate monitor, keyboard, and central processing unit. The resultant misalignment of transaction detail (i.e., contract line item, invoiced unit, delivery and inventory unit) is the cause of failures in the electronic processes of the DoD's business enterprise requiring manual intervention with potential delays in contractor payment. This rule is designed to address this recurring problem by allowing offerors to propose changes in their offer to the solicitation's line-item structure. DoD expects that formalizing the ability to propose an alternative line-item structure in a standard DFARS provision for commercial items and initial provisioning spares for weapon systems will prevent future contract administration and payment problems. Because this change does not add to, or delete from existing requirements or authorities for entities to include alternative line-item structures in their offers, economic impact is anticipated to be minimal.

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

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 410 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/19/2011 76 FR 21847

NPRM Comment Period End 06/20/2011

Final Action 09/20/2011 76 FR 58138

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH05

View Related Documents

Title: Passive Radio Frequency Identification (DFARS Case 2010-D014)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to update requirements relating to the use of passive Radio Frequency Identification (RFID). This DFARS case was initiated at the request of the Office of Logistics and Material Readiness (L&MR) of the Office of the Secretary of Defense (Acquisition, Technology, and Logistics) to revise DFARS 211.275, Radio frequency identification, to— 1.Clarify that RFID requirements apply only to passive RFID which is defined in the associated clause at 252.211-7005; 2.Supply a link to a web site in lieu of individually listing ship-to addresses; 3.Enable contracting officers to add tagging requirements to contracts shipping to DoD Activity Address Codes (DoDAACs) notspecifically listed at the web site; 4.Make pharmaceuticals subject to the Class VIII RFID tagging requirements; and 5.Revise the clause at 252.211-7006, including the title, to reflect the changes above. As the use of passive RFID technology continues to expand and additional DoD sites gain the capability to use RFID identifier tags, the DFARS regulations associated with passive RFID are being proposed for complementary updates. Because the rule did not add to or delete the existing regulations on RFID use, economic impact is expected to be minimal. The only alternative to the rule is to leave the current DoD RFID requirements intact. However, that alternative would not minimize the economic impact on small entities, as does the finalized

rule.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 410 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/22/2011 76 FR 9714

NPRM Comment Period End 04/25/2011

Final Action 09/20/2011 76 FR 58142

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH07

View Related Documents

Title: Ships Bunkers Easy Acquisition (SEA) Card® and Aircraft Ground Services (DFARS Case 2009-D019)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to allow the use of U.S. Government fuel cards in lieu of a Purchase Order-Invoice-Voucher for fuel, oil, and refueling-related items for purchases not exceeding the simplified acquisition threshold. These changes impact the use of both the SEA Card® and the AIR Card®. The military services and the U.S. Coast Guard have small vessels that must procure fuel away from their home stations. Due to their smaller size and unique mission requirements, these vessels are unable to use the Defense Energy Support Center (DESC) bunkers contracts at major seaports. DoD added language at DFARS section 213.306-70(a)(1)(A) to include purchases of marine fuel, oil, and refueling-related items using the SEA Card® in lieu of the SF 44 up to the simplified acquisition threshold. Previously, DFARS 213.306(a)(1)(A) authorized only the use of the Aviation Into-plane Reimbursement (AIR) Card® up to the simplified acquisition threshold specifically for aviation fuel and oil. Refueling stops often include other ground services that exceed the micro-purchase threshold. Due to port restrictions on vessel movements, bunkering merchants do not typically provide support to smaller vessels. These smaller vessels frequent "marina-type merchants." Small vessels fulfill valid mission needs in direct support of national security. Unlike larger vessels with more predictable movements, small vessels' needs are often unpredictable and far-reaching geographically. Adding language at DFARS 213.306-70 (a)(1)(A) to include additional ground services for the AIR Card® and the use of the SEA Card® improves the refueling capability of aircraft and smaller vessels at non-contract locations. Because substituting use of a fuel card for the Purchase Order-Invoice-Voucher SF 44, will not have a significant effect beyond DoD's internal operating procedures, 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 213 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 410 USC 1303
Legal Deadline: None

Timetable:Action Date FR Cite

NPRM 04/19/2011 76 FR 21849

NPRM Comment Period End 06/20/2011

Final Action 09/20/2011 76 FR 58149

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH10

View Related Documents

Title: Notification of Subcontractor Compliance (DFARS Case 2011-D007)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to remove the requirement for a contractor to provide notification at the request of the administrative contracting officer of any substitutions of firms that are not small business firms for the small business firms specifically identified in the subcontracting plan because it duplicates information provided to the Electronic Subcontracting Reporting System. DoD contractors are required to submit information on subcontracting plan compliance bi-annually via the Electronic Subcontracting Reporting System (eSRS) in accordance with Federal Acquisition Regulation (FAR) clause 52.219-9 and DFARS clause 252.219-7003(h). As such, the compliance notification requirement at DFARS 219-704(2) and DFARS clause 252.219-7003(g) is a duplication of effort on the part of the contractor. This rule therefore proposes deletion of the language at DFARS 219.704(2) and DFARS 252.219-7003(g) in its entirety. No significant economic impact is anticipated because the reporting requirement (1) is not a significant burden, and (2) only applies to prime contractors with contracts that exceed $650,000 ($1.5 million for construction). Case closed without further action on 03/02/2011; notification requirement is still required.

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

Timetable:

Action Date FR Cite

Withdrawn 03/02/2011

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH12

View Related Documents

Title: Definition of Multiple-Award Contract (DFARS Case 2011-D016)Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) by revising the definition of multiple-award contract at DFARS 207.107-2. The revisions are being made to correct the current definition by: 1. Deleting "Orders place using" to reflect that the multiple-award contract is the basic schedule, not the individual orders placed under it; 2. Adding "or Department of Veterans Affairs" to correctly reflect the agencies that have statutory authority to issue schedule contracts; and 3. Adds hyphens where appropriate for unit modifiers. The revised DFARS language is correcting previous imprecision in implementing the statute. No policy or substantive changes are being made. Therefore, in accordance with FAR 1.501 and 41 U.S.C. 1707, publication for public comments is not necessary.

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

CFR Citation: 48 CFR 207 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 410 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action Effective 04/27/2011

Direct Final Rule 04/27/2011 76 FR 23504

Regulatory Flexibility Analysis Required: No 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH15

View Related Documents

Title: Increase the Use of Fixed-Price Incentive (Firm Target) Contracts (DFARS Case 2011-D010)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to increase the use of fixedprice incentive (firm target) contracts, with particular attention to share lines and ceiling prices. This DFARS case was initiated to incentivize productivity and innovation in industry, as set forth in a memorandum from the Under Secretary of Defense for Acquisition, Technology and Logistics, dated November 3, 2010. The memorandum provided guidance to the secretaries of the military departments and directors of defense agencies on obtaining greater efficiency and productivity in defense spending. In support of this initiative, DoD is proposing to amend DFARS subpart 216.4 to require that contracting officers must: 1. Give particular consideration to the use of fixed-price incentive (firm target) contracts, especially for acquisitions moving from development to production; and 2. Pay particular attention to share line and ceiling prices for fixed-price incentive (firm target) contracts, with 120 percent ceiling and a 50/50 share ratio as the default arrangement. This rule does not impose economic burdens on contractors. The purpose and effect of this rule is to establish an approval threshold for contract type and to encourage the use of a particular contract type in order to incentivize productivity and innovation in industry. Small entities aremore likely to receive awards for commercial products, including commercially available off-the-shelf products, for which firmfixed-price contracts are appropriate.

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

CFR Citation: 48 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 410 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/02/2011 76 FR 11410NPRM Comment Period End 05/02/2011

Final Action 09/16/2011 76 FR 57677

Regulatory Flexibility Analysis Required: No 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH16

View Related Documents

Title: Foreign Acquisition Amendments (DFARS Case 2011-D017)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to correct several inconsistencies resulting from recent changes relating to source of ball and roller bearing components, participation of foreign contractors in acquisitions in support of operations in Afghanistan and eligibility of Peruvian end products under trade agreements, This final rule will also make a conforming change to the clause date for 252.225-7016, Restriction on the Acquisition of Ball and Roller Bearings, in the clause at 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. This final rule will not constitute a significant FAR 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. 1701 and FAR 1.501 is not required.

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

CFR Citation: 48 CFR 225 and 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action Effective 06/06/2011

Direct Final Rule 06/06/2011 76 FR 32841

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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH17

View Related DocumentsTitle: Nonavailability Exception for Procurement of Hand or Measuring Tools (DFARS Case 2011-D025)

Abstract: This rule implements section 847 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383). Section 847 provides a nonavailability exception to the requirement at 10 U.S.C. 2533a (Berry Amendment) to acquire only domestic hand or measuring tools. This rule amends Defense Federal Acquisition Regulation Supplement (DFARS) 225.7002-2 to implement section 847. The nonavailability exception was previously limited to the items covered in 10 U.S.C. 2533(b)(1). The rule allows purchase of hand or measuring tools from foreign sources only when such tools are not available from domestic sources. If no domestic sources produce the tools, then allowing purchase from a foreign source will not impact any U.S. small

business.

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

CFR Citation: 48 CFR 225 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 111-383; 10 USC 2533a
Legal Deadline: This rule implements section 847 of the National Defense Authorization Act for Fiscal Year 2011. This requirement became effective upon enactment, January 7, 2011.

Action Source Description Date

Other Statutory Statute is effective upon implementation of NDAA for FY 11 01/07/2011

Timetable:

Action Date FR Cite

Interim Final Rule Effective Date 03/17/2011

Interim Final Rule 03/17/2011 76 FR 14588

Interim Final Rule Comment Period End 05/16/2011

Final Action Effective 08/19/2011

Final Action 08/19/2011 76 FR 52132

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH20

View Related Documents

Title: Electronic Ordering Procedures (DFARS Case 2009-D037)

Abstract: This rule addresses electronic business procedures for placing orders. This rule adds a new clause in the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify this process and standardize issuance of orders via electronic means DoD currently has the capability to distribute orders electronically on a routine basis, and can post to a website that any contractor can access. In order to make this possible, the DFARS needs to provide language that will make those procedures a routine part of contract issuance. This will enable DoD to further the goals of the E-Government Act of 2002 (Pub. L. 107-347). The benefit of this rule to small business is that it will make electronic distribution procedures a routine part of order issuance. This change will ultimately help improve the management and promotion of electronic Government services and processes, and will establish a framework to improve public access to Government information, and services.

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 107-347
Legal Deadline: None

Timetable:Action Date FR Cite

Final Action Effective 05/05/2011

Direct Final Rule 05/05/2011 76 FR 25566

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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH21

View Related Documents

Title: Definition of "Qualifying Country End Product" (DFARS Case 2011-D028)

Abstract: This rule amended the definition of "qualifying country end product" by eliminating the component test for qualifying country end products that are commercially available off-the-shelf items (COTS). DoD changed this definition as a matter of policy, to waive the component test for qualifying country end products that are COTS items, so it is not necessary to try to track the origin of components of COTS items that are manufactured in a qualifying country, in order to determine that an end product is a qualifying country end product. DoD has determined that this rule is not excessively burdensome to the public, and is consistent with a determination signed by the Administrator for Federal Procurement Policy on February 14, 2008, regarding laws applicable to the acquisition of COTS items. The rule only affects manufacturers of COTS items in qualifying countries, removing an administrative burden for the qualifying country manufacturer and the Government personnel acquiring the items. The Regulatory Flexibility Act is intended to protect small entities in the United States, not foreign entities, regardless of size. The comparable change has already been enacted for the benefit of U.S. manufacturers of COTS items.

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

Timetable:

Action Date FR Cite

NPRM 06/06/2011 76 FR 32845

NPRM Comment Period End 08/05/2011

Final Action 10/04/2011 76 FR 61282

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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.milDepartment of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH23

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Title: Inclusion of Option Amounts in Limitations on Authority of the Department of Defense to Carry Out Certain Prototype Projects (DFARS Case 2011- D024)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 826 of the National Defense Authorization Act for Fiscal Year 2011. Section 826 amended the DoD pilot program for transition to follow-on contracting after use of other transaction authority.

Priority: Substantive, Nonsignificant 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: PL 111-383
Legal Deadline:

Action Source Description Date

Other Statutory This interim rule became effective upon enactment of the National Defense Authorization Act for 2011 on January 7, 2011. 01/07/2011

Timetable:

Action Date FR Cite

Final Action Effective 06/08/2011

Direct Final Rule 06/08/2011 76 FR 33170

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH24

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Title: Award-Fee Reductions for Health and Safety Issues (DFARS Case 2009-D039)

Abstract: DoD issued an interim rule on November 12, 2011, amending the Defense FAR Supplement to implement section

823 of the National Defense Authorization Act for Fiscal Year 2010 and section 834 of the National Defense Authorization Act for Fiscal Year 2011. Section 823 requires that all covered contracts for the procurement of goods or services using award fees be reviewed by the contracting officer during the evaluation of the contractor performance for the relevant award fee period, to determine if actions of gross negligence or reckless disregard by the contractor or its subcontractors caused harm or death to Government personnel, both civilian or military. Section 834 of the National Defense Authorization Act for Fiscal Year 2011, added an additional disposition, for a finding of fault by the Secretary of Defense in an administrative proceeding, where a reduction or denial of award fee is applicable. The case was closed as agreed to by the DAR Council on June 2, 2011, incorporated into DFARS Case 2011-D033, and renamed Award Fee Reduction or Denial for Health or Safety Issues, RIN 0750-

AH37.

Priority: Substantive, Nonsignificant 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: PL 111-84; PL 109-364
Legal Deadline:

Action Source Description DateOther Statutory The interim rule became effective upon enactment of the statute. 01/07/2011

Timetable:

Action Date FR Cite

Interim Final Rule Effective 11/12/2010

Interim Final Rule 11/12/2010 75 FR 69360

Interim Final Rule Comment Period End 01/11/2011
Merged With 0750-AH37 06/02/2011

Regulatory Flexibility Analysis Required: Business; Organizations Government Levels Affected: No

Federalism: No Energy Affected: No

Related RINs: Merge with 0750- AH37 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH25

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Title: Assignment of Order Codes (DFARS Case 2011-D004)

Abstract: This final rule amends the Defense FAR Supplement (DFARS) to specify Defense Procurement and Acquisition Policy, Program Development and Implementation, as the office responsible for maintaining order code assignments. The order code procedures are moved from the DFARS to the DFARS companion resource, Procedures, Guidance and Information. Defense Procurement and Acquisition Policy (DPAP) policy letter dated September 21, 2010, replaced the Defense Logistics Agency (DLA) with Defense Procurement and Acquisition Policy, Program Development and Implementation, as the responsible office for the maintenance of all order code assignments for use in the first two positions of an order number when an activity places an order against another activity's contract or agreement. In addition, the other procedures and addresses for order code monitors are moved to Procedures, Guidance and Information. This rule will not have a significant economic impact upon a substantial number of small entities because this final rule does not constitute a significant FAR revision within the meaning of 41 U.S.C. 1707 and FAR 1.501 and does not require publication for public comment. The legal authority for this rule is 41

U.S.C. 1303.

Priority: Substantive, Nonsignificant 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
Legal Deadline: None

Timetable:

Action Date FR Cite
Duplicate of 0750 -AH13 08/05/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Energy Affected: No

Related RINs: Duplicate of 0750- AH13 Agency Contact: Mary Overstreet Department of Defense Defense Acquisition Regulations Council 3060 Defense Pentagon Washington , DC 20301

Phone: 703 602-0311E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH26

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Title: Synchronized Predeployment and Operational Tracker (SPOT) (DFARS Case 2011-D030)

Abstract: This final rule amends the Defense FAR Supplement (DFARS) to modify terminology and address internal contract administration requirements associated with the Synchronized Predeployment and Operational Tracker (SPOT) system. This DFARS case is updating nomenclature associated with the letter of authorization required for contractor personnel to process through a deployment center or travel to, from, or within a designated operational area (see DFARS 225.7402-3). This final rule revises the generic letter of authorization to use the formal title of "Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization." The change in title is being made in DFARS 225 and in the related clause at DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. Additionally, the contract administration functions at DFARS 242.302 are amended to add a requirement for DoD contract administrators, when the contract incorporates DFARS 252.225-7040, to ensure implementation of, and maintain surveillance over, contractor compliance with the SPOT Business Rules. 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 is not required. The legal authority for this rule is 41 U.S.C. 1303.

Priority: Info./Admin./Other 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
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action Effective 06/23/2011

Direct Final Rule 06/23/2011 76 FR 36883

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities 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

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH31

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Title: Award Fee Reductions for Health or Safety Issues (DFARS Case 2009-D039)

Abstract: DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 823 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010. DoD issued the interim rule in the Federal Register at 75 FR 69360, on November 12, 2010. Section 823 requires that all covered contracts for the procurement of goods or services using award fees be reviewed by the contracting officer during the evaluation of contractor performance for the relevant award fee period, to determine if actions of gross negligence or reckless disregard by the contractor or its subcontractors caused harm or death to Government personnel, both civilian or military. The interim rule provided one new clause, to detail those dispositions where a reduction or denial of award fee is applicable, and allows for the recovery of all or part of any award fees paid for any previous award fee evaluation period during which contractor actions caused serious harm ordeath to Government personnel. No comments were received in response to the initial regulatory flexibility analysis and no changes are made as a result of the public comments received on the interim rule. An economic impact is only applicable in cases where contractors exercise gross negligence or reckless disregard that causes harm or death to Government personnel. Only 38% of small businesses were awarded award fee contracts in FY 2010. This case was closed y agreement of the DAR Council on June 2, 2011, and merged with DFARS Case 2011-D033 under RIN 0750-AH37.

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 111-84; PL 109-364
Legal Deadline: None

Timetable:

Action Date FR Cite
Duplicate of RIN 0750-AH24 08/04/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No Energy Affected: No

Related RINs: Duplicate of 0750- AH24 Agency Contact: Ynette R. Shelkin Editor, Defense Acquisition Regulations System Department of Defense Defense Acquisition Regulations Council 3060 Defense Pentagon Washington , DC 20301

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH32

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Title: Successor Entities to the Netherland Antilles (DFARS Case 2011-D029)

Abstract: This final rule amends the Defense FAR Supplement (DFARS) to revise the definitions of "Caribbean Basin country" and "designated country" at the clauses 252.225-7021, Trade Agreements, and 252.225-45, Balance of Payments Program— Construction Materials Under Trade Agreements, due to the change in the political status of the islands that comprised the Netherlands Antilles. On October 10, 2010, Curacao and Sint Maarten became autonomous territories of the Kingdom of the Netherlands. Bonaire, Saba, and Sint Eustatius now fall under the direct administration of the Netherlands. The Netherlands Antilles was designated as a beneficiary country under the Caribbean Basin Initiative (see 19 U.S.C. 2702). According to the initiative, successor political entities remain eligible as beneficiary countries. Therefore, the definitions have been revised to replace "Netherlands Antilles" with the five separate successor entities. This rule will have no impact on any entities in the United States. 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 only reflects the political status of the islands that comprised the Netherlands Antilles.

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: 19 USC 2702; 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action Effective 06/29/2011

Direct Final Rule 06/29/2011 76 FR 38053

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: NoEnergy 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 3060 Defense Pentagon Washington , DC 20301

Phone: 703 602-8384

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH33

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Title: Material Inspection and Receiving Report (DFARS Case 2009-D023)

Abstract: DoD issued a final rule with changes to implement updates to the Defense FAR Supplement (DFARS), appendix F, Material Inspection and Receiving Report, that incorporate procedures for using the electronic Wide Area Workflow (WAWF) Receiving Report required for use in most contracts in lieu of the DD Form 250, Material Inspection and Receiving Report, which is now used mostly on an exception basis. DoD published a proposed rule in the Federal Register (75 FR 56961) on September 17, 2010, to amend DFARS appendix F to provide new coverage on the use, preparation, and distribution of the electronic WAWF receiving report which is the primary method for documenting acceptance and distribution of shipments. The rule also addressed WAWF capability to provide Item Unique Identification (IUID), and Radio Frequency Identification (RFID). The rule was revised to reflect comments received. A final regulatory flexibility analysis has been prepared. The final rule affects all DoD contractors who are not exempt from using WAWF, however, the exact number of small entities is unknown. Any impact on small business is expected to be beneficial from providing detailed preparation and distribution guidance for use of WAWF.

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

Timetable:

Action Date FR Cite

NPRM 09/17/2010 75 FR 56961

NPRM Comment Period End 11/16/2010

Final Action Effective 09/20/2011

Final Action 09/20/2011 76 FR 58122

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH34

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Title: Extension of Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2011-D035)Abstract: This rule amends the Defense Federal Acquisition Regulation Supplements (DFARS)to implement section 8102 of the DoD Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10) to restrict the use of mandatory arbitration agreements when awarding contracts that exceed $1 million when using Fiscal Year 2011 funds appropriated or otherwise made available by the DoD Appropriations Act. Section 8102 of Public Law 112-10 prohibits the use of Fiscal Year 2011 funds for any contract (including task or delivery orders and bilateral modifications adding new work) in excess of $1 million, if the contractor restricts its employees to arbitration for claims under title VII of the Civil Rights Act of 1964, or tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention. This rule does not apply to the acquisition of commercial items. Section 8102(b) requires the contractor to certify compliance by subcontractors. The Secretary of Defense to waive applicability to a particular contractor or subcontractor, if determined necessary to avoid harm to national security.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 1; 48 CFR 212; 48 CFR 222 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 112-10
Legal Deadline:

Action Source Description Date

Other Statutory PL 112-10, enacted on 04/15/2011, is the DoD Appropriations Act for Fiscal Year 2011, which requires this action. 04/15/2011

Timetable:

Action Date FR Cite

Final Action Effective 06/29/2011

Direct Final Rule 06/29/2011 76 FR 38047

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No Energy Affected: No

Related RINs: Related to 0750- AG70 Agency Contact: Mary Overstreet Department of Defense Defense Acquisition Regulations Council 3060 Defense Pentagon Washington , DC 20301

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH35

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Title: Designation of a Contracting Officer's Representative (DFARS Case 2011-D037)

Abstract: This final rule amended the the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify that a contracting officer's representative (COR) must be an employee, military or civilian, of the U.S. Government, a foreign government, or NATO/Coalition partners, and that contractor personnel shall not serve as CORs. Contracting officer representatives must meet all training and experience qualifications commensurate with the delegated responsibilities per DFARS 201.602-2(2)(ii). In addition, the rule makes clear that contractor personnel may not serve as CORs. Contractor personnel may, however, continue to perform technical oversight functions on behalf of the contracting officer.

Priority: Substantive, Nonsignificant 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
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 09/20/2011 76 FR 58136

Regulatory Flexibility Analysis Required: No Government Levels Affected: FederalFederalism: No Energy Affected: No Agency Contact: Mary Overstreet Department of Defense Defense Acquisition Regulations Council 3060 Defense Pentagon Washington , DC 20301

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH36

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Title: Recodification of Title 41 (DFARS Case 2011-D036)

Abstract: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the recodification of title 41 of the United States Code by updating the references to title 41 throughout the DFARS. Public Law 111-350 was enacted on January 4, 2011, to create a new codified version of title 41 U.S.C., entitled "Public Contracts." The purpose of this final rule is to update all references to title 41 in the DFARS to conform to the re-codification.

Priority: Substantive, Nonsignificant 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: PL 111-350
Legal Deadline:

Action Source Description Date

Other Statutory PL 111-350, enacted on 01/04/2011, created a new codified version of
title 41 USC 01/04/2011

Timetable:

Action Date FR Cite

Final Action 09/20/2011 76 FR 58137

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

Phone: 703 602-0311

E-Mail: mary.overstreet@osd.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI36

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Title: Sexual Assault Prevention and Response Program Procedures (DoDI 6495.02)

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: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed 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

Timetable:

Action Date FR Cite

NPRM 04/00/2012

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

Phone: 703 696-8977

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI41

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Title: Defense Industrial Personnel Security Clearance Review Program (DoDI 5220.06)

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

Timetable:

Action Date FR Cite

NPRM 04/00/2012

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

Phone: 703 696-4751

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI45

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Title: Recoupment of Nonrecurring Costs (NCs) on Sales of U.S. Items (DoDI 2140.02)

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: Proposed 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

Timetable:

Action Date FR Cite

NPRM 12/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No Energy Affected: No Agency Contact: Kathryn Gillis Department of Defense Office of the Secretary 1155 Defense Pentagon Washington , DC 20301

Phone: 703 697-6875

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI53

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Title: Procedural Guidance for Industrial Personnel Security Clearance Review Program (DoDI 5220.aa)

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

Timetable:

Action Date FR Cite

NPRM 04/00/2012

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

Phone: 703 696-4751

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI68

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Title: Deoxyribonucleic Acid (DNA) Family Reference Sample (FRS) Collection (2310.ll)

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 UnitedStates' 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

Timetable:

Action Date FR Cite

NPRM 05/00/2012

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

Phone: 703 699-1221

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI71

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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

Timetable:

Action Date FR Cite

NPRM 05/00/2012

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

Phone: 703 695-7571

E-Mail: rogelio.torres@osd.mil

Department of Defense (DOD)Office of the Secretary ( OS ) RIN: 0790-AI72

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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.

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

Timetable:

Action Date FR Cite

NPRM 06/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: No Agency Contact: Caryn Ostrosky Department of Defense Office of the Secretary 1400 Key Blvd Suite 500 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-AI73

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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 USC 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.

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

Timetable:

Action Date FR CiteNPRM 06/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: Undetermined Energy Affected: No Agency Contact: Vakare Valaitis Department of Defense Office of the Secretary 3050 Defense Pentagon 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

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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.

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

Timetable:

Action Date FR Cite

NPRM 06/00/2012

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

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

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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

Timetable:

Action Date FR Cite

NPRM 06/00/2012

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

Phone: 703 588-1476

E-Mail: john.fischer@osd.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI77

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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.

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

Timetable:

Action Date FR Cite

NPRM 05/00/2012

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 Suite 11000 1777 North Kent Street Rosslyn , VA 22209

Phone: 703 696-5284

FAX: 703 696-1498

E -Mail: patricia.toppings@whs.milDepartment of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI19

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Title: Service Academies (DoD Instruction 1322)

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

Timetable:

Action Date FR Cite

NPRM 10/18/2007 72 FR 59053

NPRM Comment Period End 12/17/2007

Final Action 01/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Lt. Col. Rose Jourdan Department of Defense Office of the Secretary 4000 Defense Pentagon Washington , DC 20301

Phone: 703 697-5529

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI24

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Title: DoD Freedom of Information Act (FOIA) Program Regulation (DoD 5400.07-R)

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: Final 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

Timetable:

Action Date FR Cite

NPRM 12/19/2007 72 FR 71847

NPRM Comment Period End 02/19/2008

Final Action 12/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: NoAgency Contact: James Hogan Department of Defense Office of the Secretary 1155 Defense Pentagon 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-AI27

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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

Timetable:

Action Date FR Cite

Interim Final Rule 01/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

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

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-AI28

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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: Final Rule
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

Timetable:Action Date FR Cite

NPRM 03/01/2010 75 FR 9142

NPRM Comment Period End 04/30/2010

Final Action 01/00/2012

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

Phone: 703 604-1489 Extension: 145 Agency Contact: Ned Kieloch Department of Defense Office of the Secretary 6000 Defense Pentagon Washington , DC 20301

Phone: 703 604-1489

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI29

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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

Timetable:

Action Date FR Cite

NPRM 10/09/2008 73 FR 59579

NPRM Comment Period End 12/08/2008

Final Action 02/00/2012

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

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

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Title: Defense Contract Management Agency (DCMA) Privacy Program

Abstract: This part provides policies and procedures for the Defense Contract Management Agency's (DCMA) implementationof 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

Timetable:

Action Date FR Cite

NPRM 10/09/2008 73 FR 59582

NPRM Comment Period End 12/08/2008

Final Action 01/00/2012

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

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-AI33

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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.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
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

Timetable:

Action Date FR Cite

NPRM 03/03/2010 75 FR 9548

NPRM Comment Period End 05/03/2010

Final Action 03/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: NoEnergy Affected: No Agency Contact: Patricia Lynn Toppings Department of Defense Office of the Secretary Washington Headquarters Service Suite 11000 1777 North Kent Street Rosslyn , VA 22209

Phone: 703 696-5284

FAX: 703 696-1498

E -Mail: patricia.toppings@whs.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI37

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Title: Sexual Assault Prevention and Response (SAPR) Program (DoDD 6495.01)

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

Timetable:

Action Date FR Cite

Interim Final Rule 12/00/2011

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

Phone: 703 696-8977

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI42

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Title: Department of Defense Personnel Security Program (DoDI 5200.02)

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.

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

Timetable:

Action Date FR Cite

NPRM 02/02/2011 76 FR 5729

NPRM Comment Period End 04/04/2011Final Action 04/00/2012

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

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

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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

Timetable:

Action Date FR Cite

Interim Final Rule Effective 06/25/2009

Interim Final Rule 06/25/2009 74 FR 30212

Interim Final Rule Comment Period End 07/27/2009

Final Action 05/00/2012

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

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-AI48

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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 contingencyoperations, 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

Timetable:

Action Date FR Cite

Interim Final Rule 12/00/2011

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

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

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Title: Voluntary Education Programs

Abstract: This rule implements policy, assigns responsibilities, and prescribes 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

Timetable:

Action Date FR Cite

NPRM 08/06/2010 75 FR 47504

NPRM Comment Period End 10/05/2010

Final Action 01/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Kerrie Tucker Department of DefenseOffice of the Secretary Defense Pentagon Washington , DC 20301

Phone: 703 602-4949 Extension: 117

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI51

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Title: DoD Freedom of Information Act (FOIA) Program; Amendment (DoD Directive 5400.07)

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

Timetable:

Action Date FR Cite

NPRM 09/30/2010 75 FR 60397

NPRM Comment Period End 11/29/2010

Final Action 01/00/2012

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

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

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Title: Defense Support of Civilian Law Enforcement Agencies (DoDI 3025.ff)

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.

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

Timetable:

Action Date FR Cite

NPRM 12/28/2010 75 FR 81547NPRM Comment Period End 02/28/2011

Final Action 02/00/2012

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

Phone: 703 697-5821

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI55

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Title: Defense Support of Special Events (DoDI 3025.gg)

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: Final Rule
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

Timetable:

Action Date FR Cite

NPRM 11/26/2010 75 FR 72766

NPRM Comment Period End 01/25/2011

Final Action 01/00/2012

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

Phone: 703 697-5906

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI60

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Title: Defense Industrial Base (DIB) Cyber Security/Information Assurance (CS/IA) Activities

Abstract: In accordance with Executive Order 12829, this part establishes policy, assigns responsibilities, and delegates 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

Timetable:

Action Date FR Cite

Interim Final Rule 01/00/2012

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

Phone: 703 604-5522

E-Mail: brian.fredericks2@osd.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI61

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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

Timetable:

Action Date FR Cite

NPRM 08/06/2010 75 FR 47515

NPRM Comment Period End 10/05/2010

Final Action 03/00/2012

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

Phone: 703 696-0848

E-Mail: christopher.fagan@osd.pentagon.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI62

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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. Documentsrequested 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: Final Rule
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

Timetable:

Action Date FR Cite

NPRM 09/27/2010 75 FR 59176

NPRM Comment Period End 11/26/2010

Final Action 01/00/2012

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

Phone: 703 696-2197

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI63

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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.

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

Timetable:

Action Date FR Cite

NPRM 04/25/2011 76 FR 22848

NPRM Comment Period End 06/24/2011

Final Action 02/00/2012

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

Phone: 703 696-1809

Department of Defense (DOD)Office of the Secretary ( OS ) RIN: 0790-AI64

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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: Final Rule
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

Timetable:

Action Date FR Cite

NPRM 04/25/2011 76 FR 22849

NPRM Comment Period End 06/24/2011

Final Action 02/00/2012

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

Phone: 757 229-3866

E-Mail: linda.jones.ctr@osd.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI66

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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: Final Rule
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

Timetable:

Action Date FR Cite

Interim Final Rule Effective 12/14/2010

Interim Final Rule 12/14/2010 75 FR 77753

Interim Final Rule Comment Period End 02/14/2011

Final Action 01/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: NoEnergy Affected: No Agency Contact: Sandra Smith Department of Defense Office of the Secretary 6000 Defense Pentagon Washington , DC 20301

Phone: 703 699-0122

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI67

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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: Final Rule
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

Timetable:

Action Date FR Cite

NPRM 12/17/2010 75 FR 78946

NPRM Comment Period End 02/15/2011

Final Action 12/00/2011

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

Phone: 703 571-9081

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI69

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Title: Mission Compatibility Evaluation ProcessAbstract: 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. 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

Timetable:

Action Date FR Cite

Interim Final Rule 12/00/2011

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

Phone: 703 697-7301

E-Mail: david.belote@osd.smil.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI22

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Title: DoD Directives, Instructions, Publications, Office of the Secretary of Defense Administrative Instructions, and DoD Forms

Abstract: The Department of Defense proposes to revise and update information concerning the availability of Unclassified DoD Directives, Instructions, Publications, Office of the Secretary of Defense Administrative Instructions, and DoD forms. These DoD issuances contain DoD policy and procedures that direct and limit DoD actions in pursuit of objectives, operations, and plans. DoD forms are a fixed arrangement of captioned spaces designed for entering and extracting prescribed information. The pursuit of this rule has been overcome by events, and so it is withdrawn. The Department may publish the rule at a later date.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 337 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 133
Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/10/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: NoAgency Contact: Patricia Lynn Toppings Department of Defense Office of the Secretary Washington Headquarters Service Suite 11000 1777 North Kent Street Rosslyn , VA 22209

Phone: 703 696-5284

FAX: 703 696-1498

E -Mail: patricia.toppings@whs.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI25

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Title: Mass Transportation Benefit Program (MTBP)

Abstract: This rule establishes policy, assigns responsibilities, and sets procedural guidance consistent with the authority provided in DoD Directive 5124.02 for the administration and management of the MTBP as directed by 5 U.S.C. 7905 and Executive Order 13150. Non-appropriated Fund employees, interns, and summer hires are eligible to apply for this benefit. The pursuit of this rule has been overcome by events, and so it is withdrawn. The Department may publish the rule at a later date.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 55 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 301
Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/10/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Sherri Smith Department of Defense Office of the Secretary 1155 Defense Pentagon Washington , DC 20301

Phone: 703 696-8903

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI31

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Title: Defense Contract Audit Agency (DCAA) Privacy Program

Abstract: This part provides policies and procedures for the Defense Contract Audit Agency's (DCAA) implementation of the Privacy Act of 1974, as amended and is intended to promote uniformity within DCAA. Strict adherence is necessary to ensure uniformity in the implementation of the DCAA Privacy Program and create conditions that will foster public trust. It is also Agency policy to safeguard personal information contained in any system of records maintained by DCAA organizational elements and to make that information available to the individual to whom it pertains to the maximum extent practicable. The pursuit of this rule has been overcome by events, and so it is withdrawn. The Department may publish the rule at a later date.

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

CFR Citation: 32 CFR 317 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 552a
Legal Deadline: None

Timetable:Action Date FR Cite

Withdrawn 08/10/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Keith Mastromichalis Department of Defense Office of the Secretary Defense Contract Audit Agency 8725 John J. Kingman Road Suite 2135 Ft. Belvoir , VA 22060-6219

Phone: 703 767-1022

E-Mail: keith.mastromichalis@dcaa.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI32

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Title: Defense Contract Audit Agency (DCAA) Freedom of Information Act Program

Abstract: This part assigns responsibilities and establishes policies and procedures for a uniform Defense Contract Audit Agency (DCAA) Freedom of Information Act (FOIA) program pursuant to the provisions of the Freedom of Information Act. This rule applies to all DCAA organizational elements, and is to govern written responses by DCAA officials for requests from members of the public for permission to examine, or to be provided with copies of DCAA records. This rule also addresses Agency policies and procedures for handling "For Official Use Only" information, including Field Detachment sensitive information. The pursuit of this rule has been overcome by events, and so it is withdrawn. The Department may publish the rule

at a later date.

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

CFR Citation: 32 CFR 290 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 552
Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/10/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Keith Mastromichalis Department of Defense Office of the Secretary Defense Contract Audit Agency 8725 John J. Kingman Road Suite 2135 Ft. Belvoir , VA 22060-6219

Phone: 703 767-1022

E-Mail: keith.mastromichalis@dcaa.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI38

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Title: Private Security Contractors Operating in Contingency Operations (DoDI 3020.pp)

Abstract: Section 862 of the 2008 National Defense Authorization Act, Public Law 110-181 and Public Law 110-417 require the Secretary of Defense, in coordination with the Secretary of State, to establish regulations with respect to private security contractors operating in a designated area of combat operations. This part prescribes the selection, accountability, training, equipping, and conduct of personnel performing private security functions under a covered contract during contingency operations. It also prescribes incident reporting, use of and accountability for equipment, rules for the use of force, and aprocess for the discipline or removal, as appropriate, of private security contractors.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 159 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 110-181; PL 110-417
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 07/17/2009

Interim Final Rule 07/17/2009 74 FR 34690

Interim Final Rule Comment Period End 08/31/2009

Final Action 08/11/2011 76 FR 49650

Final Action Effective 09/12/2011

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

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-AI46

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Title: Financial Institutions on DoD Installations (DoDI 1000.11)

Abstract: This rule updates policies and responsibilities for financial institutions that serve DoD personnel on DoD installations worldwide. It prescribes consistent arrangements for the provision of services by financial institutions among the DoD Components and requires that financial institutions operating on DoD installations provide, and are provided, support consistent with the policies stated herein. The pursuit of this rule has been overcome by events, and so it is withdrawn. The Department may publish the rule at a later date.

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

CFR Citation: 32 CFR 230 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 12 USC ch 14
Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/10/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Michael Weber Department of Defense Office of the Secretary 1155 Defense Pentagon Washington , DC 20301

Phone: 703 602-0391Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI47

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Title: Financial Institutions on DoD Installations (DoD 7000.14-R, VOL 5, Chapter 34)

Abstract: This rule prescribes guidance governing the establishment, support, operation and termination of banks and credit unions operating on DoD installations worldwide, to include Military Banking Facilities (MBFs). In addition, this rule provides guidance intended to ensure that arrangements for the provision of services by financial institutions are consistent among DoD Components, and that financial institutions operating on DoD installations provide, and are provided, consistent support. The pursuit of this rule has been overcome by events, and so it is withdrawn. The Department may publish the rule at a later date.

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

CFR Citation: 32 CFR 231 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/10/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Michael Weber Department of Defense Office of the Secretary 1155 Defense Pentagon Washington , DC 20301

Phone: 703 602-0391

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI57

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Title: Junior Reserve Officers' Training Corps (JROTC) Program (DoDI 1205.13)

Abstract: This rule updates the policy, responsibilities, and procedures for the organization and administration of the Junior Reserve Officers' Training Corps (JROTC) program under 10 U.S.C. chapter 102. It is DoD policy to fund the JROTC program, which is intended to instill in students of American secondary educational institutions the following: (a) the value of citizenship, (b) service to the United States, (c) personal responsibility, and (d) a sense of accomplishment. Work on this regulation has been suspended, and the RIN is withdrawn. The Department may pursue this regulation at a later date.

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

CFR Citation: 32 CFR 102 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC ch 102
Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/18/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No Energy Affected: No Agency Contact: Lt. Col. Rose Jourdan Department of Defense Office of the Secretary 4000 Defense PentagonWashington , DC 20301

Phone: 703 697-5529

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI65

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Title: DoD Commercial Air Transportation Quality and Safety Review Program (4500.53)

Abstract: This rule updates policies and responsibilities for the DoD Commercial Air Transportation Quality and Safety Review Program under 10, United States Code (U.S.C.) 2640. It updates the system of management, analysis, inspection, review, and evaluation of the safety and quality practices of commercial air carriers that provide air transportation services to the Department of Defense. Work on this regulation has been suspended, and the RIN is withdrawn. The Department may pursue this regulation at a later date.

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

CFR Citation: 32 CFR 72 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 2640
Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/18/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Frank Galluzzo Department of Defense Office of the Secretary Defense Pentagon Washington , DC 20301

Phone: 704 601-4461