### DEPARTMENT OF DEFENSE

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

33 CFR Ch. II

36 CFR Ch. III

48 CFR Ch. II

Improving Government Regulations; Unified Agenda of Federal Regulatory and Deregulatory

Actions

AGENCY: Department of Defense (DoD).

ACTION: Semiannual regulatory agenda.

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

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

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

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

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

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

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

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

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

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

follows publication in the Federal Register

.

This agenda updates the report published on July 3, 2013, 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 2014. In addition to this agenda, DoD components also publish rulemaking notices pertaining to

their specific statutory administration requirements as required.

### Starting with the fall 2007 edition, the Internet became the basic means for disseminating the Unified

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

users the ability to obtain information from the Agenda database.

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

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

entries include only:

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

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

of small entities; and

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

Flexibility Act.

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

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

available online.

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

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

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

1155 Defense Pentagon, Washington, DC 20301-1155, or e-mail: patricia.l.toppings.civ@mail.mil.

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

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

703-697-2714.

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

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

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

or e-mail: morgan.e.park.civ@mail.mil.

### For general information on Office of the Secretary agenda items, which are procurement-related,

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

Directorate, 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350, or e-mail:

manuel.quinones@osd.mil.

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

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

AAHS-RDR-C, Casey Building, Room 102, 7701 Telegraph Road, Alexandria, Virginia 22315-3860, or email: brenda.s.bowen.civ@mail.mil.

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

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

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

chip.smith@hqda.army.mil.

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

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

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

Washington, DC 20374-5066, or e-mail: catherine.chiappetta@navy.mil.

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

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

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

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

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

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

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

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

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

water resource projects and regulation of activities in waters of the United States.

### DoD issuances range from DoD directives (reflecting departmental policy) to implementing instructions

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

primary directives under which DoD components promulgate their implementing regulations.

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

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

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

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

a. Regulatory Flexibility Act;

b. Paperwork Reduction Act of 1995;

c. Unfunded Mandates Reform Act of 1995.

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

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

contain five sections: (1) Prerule stage; (2) proposed rule stage; (3) final rule stage; (4) completed

actions; and (5) long-term actions. Where certain regulatory actions indicate that small entities are

affected, the effect on these entities may not necessarily have significant economic impact on a

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

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

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

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

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

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

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

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

Order 12866.

### DATED: September 4, 2013.

NAME: Michael L. Rhodes,

Director, Administration and Management.The 104 Regulatory Agendas

Department of the Army - Proposed Rule

Title Regulation
Identifier
Number

Military Police Law Enforcement Reporting and Operations 0702-AA62

Army National Cemeteries 0702-AA63

Department of the Navy - Proposed Rule

Title Regulation
Identifier
Number

Permit Application Procedures for Archaeological Research and Enforcement Procedures of the Sunken Military Craft Act on Sunken Military Craft Under the Jurisdiction of the Department of the Navy 0703-AA90

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

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

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

U.S. Army Corps of Engineers - Proposed Rule

Title Regulation
Identifier
Number

Policy for Domestic, Municipal, and Industrial Water Supply Uses of Reservoir Projects Operated by the Department of the Army, U.S. Army Corps of Engineers 0710-AA72

Office of Assistant Secretary for Health Affairs - Proposed Rule

Title Regulation
Identifier
Number

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); TRICARE Reserve Select for Members of
the Selected Reserve 0720-AB15

TRICARE; Reimbursement of Long Term Care Hospitals 0720-AB47

TRICARE; Clarification of Coverage of Durable Equipment and Ordering/Prescribing Durable Equipment; Clarification of Assistive Technology Devices Benefit Under the Extended Care Health Option Program 0720-AB59

TRICARE; Coverage of Care Related to Non-Covered Initial Surgery or Treatment 0720-AB61

Office of Assistant Secretary for Health Affairs - Final Rule

Title Regulation
Identifier
Number

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

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

TRICARE; Extended Care Health Option 0720-AB53

TRICARE; Removal of the Prohibition to Use Medications With Addictive Potential in the Maintenance Treatment of Substance Dependence in TRICARE Beneficiaries 0720-AB54

TRICARE: Certified Mental Health Counselors 0720-AB55

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

TRICARE: TRICARE Retail Pharmacy Program 0720-AB57

TRICARE Revision to CHAMPUS DRG-Based Payment System, Pricing of Hospital Claims 0720-AB58

CHAMPUS/TRICARE: Pilot Program for Refills of Maintenance Medications for TRICARE For Life Beneficiaries Throughthe TRICARE Mail Order Program 0720-AB60

Office of Assistant Secretary for Health Affairs - Completed Action

Title Regulation
Identifier
Number

TRICARE; Reimbursement of Sole Community Hospitals 0720-AB41

Defense Acquisition Regulations Council - Proposed Rule

Title Regulation
Identifier
Number

Clauses With Alternates--Transportation (DFARS Case 2012-D057) 0750-AH90

Further Implementation of Trafficking in Persons Policy (DFARS Case 2013-D007) 0750-AH93

Clauses With Alternates--Foreign Acquisition (DFARS Case 2013-D005) 0750-AH94

Clauses With Alternates--Quality Assurance (DFARS Case 2013-D004) 0750-AH95

Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States (DFARS Case 2013-D015) 0750-AI01

Clauses with Alternates --Contract Financing (DFARS Case 2013-D014) 0750-AI02

Prohibition on Storage and Removal of Toxic and Hazardous Materials--Statutory Update (DFARS Case 2013-D013) 0750-AI07

Defense Acquisition Regulations Council - Final Rule

Title Regulation
Identifier
Number

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

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

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

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

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

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

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

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

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

Detection and Avoidance of Counterfeit Electronic Parts (DFARS Case 2012-D055) 0750-AH88

Only One Offer--Further Implementation (DFARS Case 2013-D001) 0750-AH89

Requirements Relating to Supply Chain Risk (DFARS Case 2012-D050) 0750-AH96

Enhancement of Contractor Employee Whistleblower Protections (DFARS Case 2013-D010) 0750-AH97

Acquisitions in Support of Operations in Afghanistan (DFARS Case 2013-D009) 0750-AH98

Approval of Rental Waiver Requests (DFARS Case 2013-D006) 0750-AI03

Allowability of Legal Costs for Whistleblower Proceedings (DFARS Case 2013-D022) 0750-AI04

Private Sector Notification Requirements of In-Sourcing Actions (DFARS Case 2012-D036) 0750-AI05

Disclosure to Litigation Support Contractors (DFARS Case 2012-D029) 0750-AI06

Relocate Coverage on Organizational Conflicts of Interest (DFARS Case 2013-D021) 0750-AI08

New Designated Country--Croatia (DFARS Case 2013-D031) 0750-AI09

Defense Acquisition Regulations Council - Completed Action

Title Regulation
Identifier
Number

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

Defense Trade Cooperation Treaty With Australia and the United Kingdom (DFARS Case 2012-D034) 0750-AH70

Requirements for Acquisitions Pursuant to Multiple Award Contracts (DFARS Case 2012-D047) 0750-AH91

Release of Fundamental Research Information (DFARS Case 2012-D054) 0750-AH92

Least Developed Countries that are Designated Countries (DFARS Case 2013-D019) 0750-AI00Office of the Secretary - Proposed Rule

Title Regulation
Identifier
Number

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

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

Defense Industrial Personnel Security Clearance Review Program 0790-AI41

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

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

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

Exceptional Family Member Program (EFMP) 0790-AI82

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

Foreign Criminal and Civil Jurisdiction 0790-AI89

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

Processing Complaints of Discrimination 0790-AI91

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

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

Civilian Employment and Reemployment Rights for Service Members, Former Service Members and Applicants of the
Uniformed Services 0790-AJ00

National Security Education Program (NSEP) and NSEP Service Agreement 0790-AJ01

DoD Privacy Program 0790-AJ03

Unlawful Discrimination (On the Basis of Race, Color, National Origin, or Age in Programs or Activities Receiving Federal Financial Assistance From the DoD) 0790-AJ04

End Use Certificates (EUCs) 0790-AJ05

Historical Research in the Files of the Office of the Secretary of Defense (OSD) 0790-AJ07

Ratemaking Procedures for Civil Reserve Air Fleet Contracts 0790-AJ08

The DoD Civilian Equal Employment Opportunity (EEO) Program 0790-AJ09

Enhancement of Protections on Consumer Credit for Members of the Armed Forces and Their Dependents 0790-AJ10

Eligibility Requirements for Minor Dependents to Attend DoD Domestic Dependent Elementary and Secondary Schools (DDESS) 0790-AJ13

Defense Industrial Base (DIB) Cyber Security/Information Assurance (CS/IA) Activities; Amendment 0790-AJ14

Office of the Secretary - Final Rule

Title Regulation
Identifier
Number

Service Academies 0790-AI19

Federal Voting Assistance Program (FVAP) 0790-AI27

Sexual Assault Prevention and Response Program Procedures 0790-AI36

Family Advocacy Command Assistance Team (FACAT) 0790-AI40

Department of Defense Personnel Security Program 0790-AI42

Operational Contract Support 0790-AI48

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

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

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

Alternative Dispute Resolution 0790-AI63

Mission Compatibility Evaluation Process 0790-AI69

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

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

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

Domestic Abuse Involving DoD Military and Certain Affiliated Personnel 0790-AI79Child Development Programs (CDPs) 0790-AI81

Defense Logistics Agency Freedom of Information Act Program 0790-AI87

Inspector General; Privacy Act; Implementation 0790-AI92

DoD Personnel Security Program (PSP): Investigations for National Security Positions and Duties 0790-AI95

National Guard Bureau Privacy Program 0790-AI96

DoD Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC) 0790-AI97

Transitional Compensation (TC) for Abused Dependents 0790-AI99

Voluntary Education Programs 0790-AJ06

Defense Materiel Disposition 0790-AJ11

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

CFR Citation: 32 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 28 USC 534 note; 42 USC 10601; 18 USC 922; 42 USC 14071; 10 USC 1562; 10 USC ch 47
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Brenda S Bowen Department of Defense Department of the Army U.S. Army Records Management and Declassification Agency, ATTN: AAHS-RDR-C, 7701 Telegraph Road, Alexandria, VA

22315-3860 Alexandria , VA 22315-3860

Phone: 703 428-6173

FAX: 703 428-6514

E -Mail: brenda.s.bowen.civ@mail.mil

Department of Defense (DOD) Department of the Army ( ARMY ) RIN: 0702-AA63

View Related Documents

Title: Army National Cemeteries

Abstract: This proposed amendment modifies the Army's regulations governing Army National Cemeteries, which consists of Arlington and the Soldiers' and Airmen's Home National Cemeteries, to reflect recent changes in the management structure of the Army National Cemeteries Program, adopt modifications suggested by the Department of the Army Inspector General, and implement statutory changes to interment, inurnment, and memorialization eligibility.

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

CFR Citation: 32 CFR 553 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC ch 446; 10 USC 985, 1128, 1481, 1482, 3013; 24 USC 295a and 412; 38 USC 2402 note, 2409, 2410, 2411, 2413; 40 USC 9102; 50 USC 797Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Related RINs: Related to 0702- AA60 Agency Contact: Brenda S Bowen Department of Defense Department of the Army U.S. Army Records Management and Declassification Agency, ATTN: AAHS-RDR-C, 7701 Telegraph Road, Alexandria, VA

22315-3860 Alexandria , VA 22315-3860

Phone: 703 428-6173

FAX: 703 428-6514

E -Mail: brenda.s.bowen.civ@mail.mil

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

View Related Documents

Title: Permit Application Procedures for Archaeological Research and Enforcement Procedures of the Sunken Military Craft Act on Sunken Military Craft Under the Jurisdiction of the Department of the Navy

Abstract: This rule serves as a revision of the current 32 CFR part 767 and incorporates existing regulations together with the expanded authority provided to the Secretary of the Navy by the Sunken Military Craft Act (SMCA) (Pub. L. 108-375, 10 U.S.C. 113 note and 118 Stat. 2094-2098) in regards to permitting intrusive activities on sunken military craft. The proposed rule replaces the current regulations and establishes a single permitting process for members of the public wishing to engage in intrusive and authorized activities on Department of Navy sunken and terrestrial military craft. The rule also incorporates provisions for a special-use permit to be issued in the case of minimally intrusive operations such as sample collection or remotely operated vehicle documentation of historic sites. The final major provision of the rule affects violations of the SMCA or of the permitting program and outlines penalties and enforcement procedures. The proposed revision to the rule substantiates existing legislation and stated public policy and does not carry a significant burden of cost to the public. Rather, the rule enables the public controlled intrusive access to sites otherwise prohibited from disturbance, bringing to light new knowledge about the nation's maritime heritage, and honoring the service of our lost sailors.

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

CFR Citation: 32 CFR 767 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 113
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Noreen Hagerty-Ford
CDR Department of Defense Department of the Navy 1322 Patterson Avenue SE, Suite 3000, Navy Yard, Washington, DC 20374 Washington , DC 20374

Phone: 619 532-1418

E-Mail: noreen.hagerty-ford@navy.mil

Department of Defense (DOD) Department of the Navy ( NAVY ) RIN: 0703-AA91View Related Documents

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

Abstract: The U.S. Marine Corps (USMC) currently operates a Trademark Licensing Office (TMLO) under authority found at 10 U.S.C. 2260, which was enacted in 2004. However, a regulation promulgated in 1986 (32 CFR 765.14) remains in force. This regulation needs to be revised in order to reconcile it with the recent statutory authority, delegations, and the conduct and activities of the TMLO. The revisions to this rule will be reported in future status updates as part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 765 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 7881; 10 USC 2260
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No

RIN Information URL: www.marines.mil/trademark Agency Contact: Noreen Hagerty-Ford
CDR Department of Defense Department of the Navy 1322 Patterson Avenue SE, Suite 3000, Navy Yard, Washington, DC 20374 Washington , DC 20374

Phone: 619 532-1418

E-Mail: noreen.hagerty-ford@navy.mil

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

View Related Documents

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

Abstract: The Department of the Navy is amending its rules to update existing sections relating to the professional conduct of attorneys practicing under the cognizance and supervision of the Judge Advocate General (JAG) for clients with diminished capacity. The rule allows a covered attorney to take preventative action when the attorney reasonably believes that a client has diminished capacity and is at risk of substantial physical harm to himself or herself unless immediate action is taken. Since publishing this interim final rule, the Department of the Navy has decided to revise the entire CFR part. That rulemaking will be pursued under RIN 0703-AA92. The finalization of that rule will also finalize the changes made in the interim final rule. The revisions to this rule will be reported in future status updates as part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 776 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 806; 10 USC 806a; 10 USC 826 and 827
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/30/2010 75 FR 52860

Interim Final Rule Effective 08/30/2010

Interim Final Rule Comment Period End 10/29/2010

Final Action 02/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: NoAgency Contact: Noreen Hagerty-Ford
CDR Department of Defense Department of the Navy 1322 Patterson Avenue SE, Suite 3000, Navy Yard, Washington, DC 20374 Washington , DC 20374

Phone: 619 532-1418

E-Mail: noreen.hagerty-ford@navy.mil

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

View Related Documents

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

Abstract: The Department of the Navy (DoN) is revising its Rules of Professional Conduct and procedures for receiving, processing, and taking action on complaints of professional misconduct made against attorneys practicing under the supervision of the Judge Advocate General of the Navy (JAG), whether arising from professional legal activities in DoN proceedings and matters, or arising from other, non-U.S. Government related professional legal activities or personal misconduct that suggests the attorney is ethically, professionally, or morally unqualified to perform legal services within the DoN; to prescribe limitations on and procedures for processing requests to engage in the outside practice of law by those DoN attorneys practicing under the supervision of the JAG; and to ensure quality legal services at all proceedings under the cognizance and supervision of the JAG. The revision comports with current policy reflected in JAG Instruction 5803.1 (Series), Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General. The revisions to this rule will be reported in future status updates as part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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; 10 USC 1044
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/01/2013 78 FR 25538

NPRM Comment Period End 07/01/2013

Final Action 04/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Related RINs: Related to 0703- AA88 Agency Contact: Noreen Hagerty-Ford
CDR Department of Defense Department of the Navy 1322 Patterson Avenue SE, Suite 3000, Navy Yard, Washington, DC 20374 Washington , DC 20374

Phone: 619 532-1418

E-Mail: noreen.hagerty-ford@navy.mil

Department of Defense (DOD) U.S. Army Corps of Engineers ( COE ) RIN: 0710-AA72

View Related Documents

Title: Policy for Domestic, Municipal, and Industrial Water Supply Uses of Reservoir Projects Operated by the Department of the Army, U.S. Army Corps of Engineers

Abstract: The Department of the Army, U.S. Army Corps of Engineers (Corps) is updating and clarifying the policies governing the use of storage in its reservoir projects for domestic, municipal and industrial water supply pursuant to the Flood Control Act of 1944 section 6, 33 U.S.C. section 708 ("section 6"), and the Water Supply Act of 1958, 43 U.S.C. section 390b ("WSA"). The proposed rules for the use of storage space in Corps reservoir projects for water supply are being developed to implement section 6 of the Flood Control Act of 1944 and the Water Supply Act of 1958.Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed 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 708; 43 USC 390b
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2014

NPRM Comment Period End 10/00/2014

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Agency Contact: Bruce Carlson Department of Defense U.S. Army Corps of Engineers CECW-PC, 441 G Street NW, Washington, DC 20314 Washington , DC 20314

Phone: 202 761-4703

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

View Related Documents

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

Abstract: This rule revises requirements and procedures for TRICARE Reserve Select and restructures eligibility to include all Selected Reservists, except for those individuals either enrolled or eligible to enroll in a health benefit plan under chapter 89 of title 5, United States Code.

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

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 301; 10 USC ch 55
Legal Deadline: This rule addresses provisions of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109- 364).

Action Source Description Date

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

Regulatory Plan:

Statement of Need: The Department rule identifies a process to comply with the congressional mandate that all members of the Selected Reserve may be able to purchase their health care through the Military Health System, regardless of the member's duty status.

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

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

Costs and Benefits: It is estimated that implementing the rule equates to national incremental costs totaling less than $100 million per year. Benefits include access to health care for all reservists, regardless of the member's duty status; however, at this time, the effect on readiness, recruitment, and retention are not known.

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

Timetable:

Action Date FR Cite

Interim Final Rule 08/20/2007 72 FR 46380

Interim Final Rule Comment Period End 09/19/2007

Interim Final Rule Effective 10/01/2007

NPRM 12/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

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

Phone: 703 681-0039

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

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Title: TRICARE; Reimbursement of Long Term Care Hospitals

Abstract: The proposed rule implements the statutory provision in 10 United States Code 1079(j)(2) that TRICARE payment methods for institutional care shall 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 services provided by long-term care hospitals.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed 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: 10 USC 1079(j)(2)
Legal Deadline: None

Regulatory Plan:

Statement of Need: The rule is necessary to meet the statutory provision to use Medicare reimbursement rules to the extent practicable.

Legal Basis: Congress established enabling legislation under section 707 of the National Defense Authorization Act of Fiscal year 2002 (NDAA-02), Public Law 107-107 (December 28, 2001) changing the statutory authorization in 10 U.S.C. 1079 (j)(2) that TRICARE payment methods for institutional care shall be determined to the extent practicable, in accordance with the same reimbursement rules used by Medicare

Alternatives: This rule implements statutorily required provisions for adoption and implementation of Medicare institutional reimbursement rules which are consistent with well established congressional objectives. No other alternative is applicable.

Costs and Benefits: It is projected that implementation of this rule will result in a health care savings of $71 million in year one of implementation.

Risks: The proposed rule implements statutorily required provisions for adoption and implementation of Medicare institutional reimbursement systems which are consistent with well established congressional objectives. No risk to the public is applicable.

Timetable:

Action Date FR Cite

NPRM 02/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No
Energy Affected: No Agency Contact: Ann N. Fazzini Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 303 676-3803

Department of Defense (DOD) Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB59

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Title: TRICARE; Clarification of Coverage of Durable Equipment and Ordering/Prescribing Durable Equipment; Clarification of Assistive Technology Devices Benefit Under the Extended Care Health Option Program

Abstract: The Department of Defense (DoD) proposes several amendments to the TRICARE regulation. Specifically, the proposed rule revises the definitions of durable equipment (DE) and durable medical equipment (DME) to better conform the language in the regulation to the statute and implementing the statutory requirements will not change current policies. This rulealso adds a definition of assistive technology (AT) devices for purposes of benefit coverage under the TRICARE Extended Care Health Option (ECHO) Program and removes the restriction under the TRICARE Basic Program that limits ordering or prescribing of DME to only a physician, to allow certain other authorized individual professional providers acting within the scope of their licensure to order or prescribe DME. Finally, the proposed rule incorporates a policy clarification relating to luxury, deluxe, or immaterial features of equipment or devices. Namely, TRICARE cannot reimburse for the luxury, deluxe, or immaterial features of equipment or devices. However, TMA can reimburse for the base or basic equipment or device that meet the beneficiary's needs. Beneficiaries may pay the provider for the luxury, deluxe, or immaterial features themselves, if they desire their equipment or device to have these "extra features."

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 08/08/2013 78 FR 48367

NPRM Comment Period End 10/07/2013

Final Action 01/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 303 676-3401

Department of Defense (DOD) Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB61

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Title: TRICARE; Coverage of Care Related to Non-Covered Initial Surgery or Treatment

Abstract: The Department of Defense (DoD) is publishing this proposed rule to allow coverage for otherwise covered services and supplies required in the treatment of complications (unfortunate sequelae), as well as medically necessary and appropriate follow-on care, resulting from a non-covered incident of treatment provided pursuant to a properly granted Supplemental Health Care Program waiver. This proposed rule is necessary to protect TRICARE beneficiaries from incurring financial hardships dueto the current regulatory restrictions that prohibit TRICARE coverage of the treatment of complications resulting from noncovered medical procedures, even when those procedures were provided while the beneficiary was an active duty member and were authorized by the Director, TRICARE Management Activity (TMA), based on a determination that a waiver authorizing the original non-covered surgery or treatment was necessary to assure adequate availability of health care to the active duty member. Additionally, with respect to care that is related to a non-covered initial surgery or treatment, the proposed rule seeks to eliminate any confusion regarding what services and supplies will be covered by TRICARE and under what circumstances they will be covered.

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 11/00/2013

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 4800 Mark Center Drive, Suite 02G09, Alexandria, VA 22350-3100Alexandria , VA 22350-3100

Phone: 571 372-0485

E-Mail: patricia.l.toppings.civ@mail.mil

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

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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 nonregular 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 08/06/2010 75 FR 47452

Interim Final Rule Effective 08/06/2010

Interim Final Rule Comment Period End 10/05/2010

Final Action 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 703 681-0039

Department of Defense (DOD) Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-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 prescribe. 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 100miles but more than 60 minutes in drive time to access needed specialty care. This travel reimbursement benefit is limited to those active duty members and their dependents, and accompaniment, enrolled in Prime or TRICARE Prime Remote. The Director, TRICARE Management Activity, shall issue procedures and guidelines under which authorization for reimbursement of travel expenses will be issued after verification that the member, family member, and/or accompaniment must travel less than 100 miles but more than 60 minutes drive time from the military treatment facility or their primary care manager's office to receive required specialty care.

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

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 301; 10 USC ch 55
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/13/2011 76 FR 2290

NPRM Comment Period End 03/14/2011

Final Action 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 703 681-0039

FAX: 703 681-1219

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

Department of Defense (DOD) Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-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, TRICARE Management Activity (TMA), and, who maintain a current participation agreement with the Director, TMA, are eligible to be applied behavior analysis authorized providers.

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

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 301; 10 USC ch 55
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/29/2011 76 FR 81897

NPRM Comment Period End 02/27/2012

Final Action 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Mike Kottyan Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon, Washington, DC 20301Washington , 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 Medications With Addictive Potential in the Maintenance Treatment of Substance Dependence in TRICARE Beneficiaries

Abstract: This rule proposes revisions to the Code of Federal Regulations (CFR) title 32, section 199.4(e) to remove the exclusion of drug abuse maintenance programs and allow as part of a comprehensive treatment plan for an individual with substance dependence, the substitution of a therapeutic drug with addictive potential for a drug of addiction (e.g. the substitution of methadone for heroin). The current regulation prohibits drug maintenance programs where one addictive substance is substituted for another. However, this prohibition of maintenance treatment of substance dependence utilizing a specific category of psychoactive agent is outdated and fails to recognize the accumulated medical evidence supporting certain maintenance programs as one component of the continuum of care necessary for the effective treatment of substance dependence. Current medical evidence shows that this is medically or psychologically necessary and integral to the safe and effective treatment of drug abuse as is generally required for all treatment benefits under 32 CFR 199.4(g)(15) for inclusion in
the TRICARE benefit.

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

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 301; 10 USC ch 55
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/29/2011 76 FR 81899

NPRM Comment Period End 02/27/2012

Final Action 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 703 681-0070

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

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Title: TRICARE: Certified Mental Health Counselors

Abstract: This rule was published 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 (MHCs) to be able to independently provide care to TRICARE beneficiaries and receive payment for those services. Under current TRICARE requirements, MHCs are authorized to practice only with physician referral and supervision. This IFR establishes a transition period to allow MHCs to gain the requisite education, examination, and post-master's clinical experience for the new category of qualified mental health professionals, "TRICARE Certified Mental Health Counselors," who will be authorized to practice independently under TRICARE, as well as phase out the category of MHC who require referral and supervision from TRICARE authorized physicians.

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 55Legal Deadline: Congressional requirement set forth in the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011, section 724, which required the Department of Defense to prescribe regulations by June 20, 2011, to establish the criteria, as had previously been studied in accordance with section 717 of the NDAA 2008, that would allow licensed or certified mental health counselors to be able to independently provide care to TRICARE beneficiaries and receive payment for those

services.

Action Source Description Date

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

Regulatory Plan:

Statement of Need: The Interim Final Rule provides 9.6 million TRICARE beneficiaries access to a new category of qualified mental health professionals whose qualifications confirm their ability to diagnose and treat mental health disorders found in the military population, as well as the psychosocial issues experienced by military members, retirees, and family members. During the transition period of the IFR, the criteria for the MHCs have not changed and will allow continuity of care for beneficiaries who are receiving services from supervised MHCs under the current system. A continued robust, quality provider pool is available for TRICARE beneficiaries to access when seeking medically necessary and appropriate mental health counseling services in the MHS purchased care system.

Legal Basis: The legal authority for this interim final rule is section 724 of the National Defense Authorization Act for Fiscal Year 2011, Public Law 111-383, which required the Department of Defense to prescribe regulations to establish the criteria 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.

Alternatives: This action is required by statute, therefore, there are no alternatives.

Costs and Benefits: The anticipated cost associated with this rule is under $100 million in 1995 dollars, updated annually for inflation. The benefits are that TRICARE will be in compliance with its statutory provisions, and mental health of beneficiaries who receive services from TRICARE Certified Mental Health Counselors will be improved.

Risks: Failure to implement this will mean that TRICARE regulations are not most appropriately implementing the changes legislated by TRICARE statutory provisions.

Timetable:

Action Date FR Cite

Interim Final Rule 12/27/2011 76 FR 80741

Interim Final Rule Effective 12/27/2011

Interim Final Rule Comment Period End 02/27/2012

Final Action 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Patricia Moseley Department of Defense Office of Assistant Secretary for Health Affairs Defense Pentagon, Washington, DC 22301 Washington , DC 22301

Phone: 703 681-0064

Department of Defense (DOD) Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-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 October 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 October 1, 2011 would have their fee frozen at the rate in effect at the time they are classified in either category and enroll in Prime or, if not enrolling, at the rate in effect at the time of enrollment. The fee remains frozen as long as at least one family member remains enrolled in Prime and there is not a break in enrollment. The fee charged for the dependent(s) of a medically retired uniformed services member would not change if the dependent(s) was later reclassified a survivor.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: NoCFR 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 06/07/2013 78 FR 34292

NPRM Comment Period End 08/06/2013

NPRM 08/08/2013 78 FR 48366

Correction 08/19/2013 78 FR 50359

Final Action 05/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 703 681-0039

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

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Title: TRICARE: TRICARE Retail Pharmacy Program

Abstract: This rule will make several administrative changes to the TRICARE Pharmacy Benefits Program regulations in order to conform them more closely to the statute and to clarify some procedures regarding the operation of the uniform formulary. Specifically, the rule will: Conform the regulation to the statute regarding point-of-service availability of nonformulary drugs; clarify the process for formulary placement of newly approved drugs; streamline the process for updating copayment requirements; specify the method for applying the statutory formula for maximum nonformulary drug copayments; and clarify several other uniform formulary practices. This rule is separate from, but not inconsistent with, the legislative proposal made by the Department to implement portions of the President's Budget for Fiscal Year 2013 relating to the TRICARE Pharmacy Benefits Program.

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

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 301; 10 USC ch 55
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/26/2012 77 FR 38019

NPRM Comment Period End 08/27/2012

Final Action 12/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: RADM Thomas McGinnis Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon, Washington, DC 20301-1200 Washington , DC 20301-1200

Phone: 703 681-2890

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

View Related DocumentsTitle: TRICARE Revision to CHAMPUS DRG-Based Payment System, Pricing of Hospital Claims

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

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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 02/14/2013 78 FR 10579

NPRM Comment Period End 04/15/2013

Final Action 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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

Phone: 303 676-3565

Department of Defense (DOD) Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB60

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Title: CHAMPUS/TRICARE: Pilot Program for Refills of Maintenance Medications for TRICARE For Life Beneficiaries Through the TRICARE Mail Order Program

Abstract: This interim final rule implements section 716 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), which establishes a 5-year pilot program that would generally require TRICARE for Life beneficiaries to obtain all refill prescriptions for covered maintenance medications from the TRICARE mail order program or military treatment facility pharmacies. Covered maintenance medications are those that involve recurring prescriptions for chronic conditions, but do not include medications to treat acute conditions. Beneficiaries may opt out of the pilot program after 1 year of participation. This rule includes procedures to assist beneficiaries in transferring covered prescriptions to the mail order pharmacy program. This regulation is being issued as an interim final rule in order to comply with the express statutory intent that the program begin in calendar year 2013.

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

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 301; 10 USC ch 55
Legal Deadline: None

Regulatory Plan:

Statement of Need: The Department of Defense (DoD) proposed rule establishes processes for the new program of refills of maintenance medications for TRICARE for Life beneficiaries through military treatment facility pharmacies and the mail order pharmacy program.

Legal Basis: This regulation is proposed under 5 USC 301; 10 USC ch 55; 32 CFR section 199.21.

Alternatives: The rule fulfills a statutory requirement, therefore, there are no alternatives.

Costs and Benefits: The effect of the statutory requirement, implemented by this rule, is to shift a volume of prescriptions from retail pharmacies to the most cost effective points-of-service venues of military treatment facility pharmacies and the mail order pharmacy program. This will produce savings to the Department of approximately $104 million per year and savings to beneficiaries of approximately $34 million per year in reduced copayments.

Risks: Loss of savings to both the Department and beneficiaries. No risk to the public.Timetable:

Action Date FR Cite

Interim Final Rule 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No Agency Contact: RADM Thomas McGinnis Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon, Washington, DC 20301-1200 Washington , DC 20301-1200

Phone: 703 681-2890

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

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Title: TRICARE; Reimbursement of Sole Community Hospitals

Abstract: This proposed rule would implement the statutory provision at 10 U.S.C. 1079(j)(2) that TRICARE payment methods for institutional care be determined, to the extent practicable, in accordance with the same reimbursement rules as those that apply to payments to providers of services of the same type under Medicare. This proposed rule implements a reimbursement methodology similar to that furnished to Medicare beneficiaries for inpatient services provided by sole community hospitals (SCHs). It will be phased in over a several-year period.

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

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 301; 10 USC ch 55
Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule is being published to implement the statutory provision in 10 U.S.C. 1079(j)(2), that TRICARE payment methods for institutional care be determined, to the extent practicable, in accordance with the same reimbursement rules as apply to payments to providers of services of the same type under Medicare. This proposed rule implements a reimbursement methodology similar to that furnished to Medicare beneficiaries for inpatient services provided by sole community hospitals.

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

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

smooth transition.

Costs and Benefits: We estimate the total reduction (from the proposed changes in this rule) in hospital revenues under the SCH reform for its first year of implementation (assumed for purposes of this RIA to be FY 2011), compared to expenditures in that same period without the proposed SCH changes, to be approximately $190 million. The estimated impact for FYs 2012 through 2015 (in $ millions) is $208, $229, $252, and $278 respectively.

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

Timetable:

Action Date FR Cite

NPRM 07/05/2011 76 FR 39043

NPRM Comment Period End 09/06/2011

Final Action 08/08/2013 78 FR 48303

Final Action Effective 10/07/2013

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

Federalism: No
Energy Affected: No Agency Contact: Marty Maxey Department of Defense Office of Assistant Secretary for Health Affairs 1200 Defense Pentagon, Washington, DC 20301 Washington , DC 20301Phone: 303 676-3627

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH90

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Title: Clauses With Alternates--Transportation (DFARS Case 2012-D057)

Abstract: DoD is proposing to amend the DFARS to create an overarching prescription for each set of transportation-related provisions/clauses with one or more alternates. The rule also proposes to add a separate prescription for the basic clause as well as each alternate. In addition, the proposed rule would include the full text of each provision/clause alternate. For clarity, the preface of the alternate will continue to explain what portions of that alternate are different from the basic provision/clause. 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 it merely revises the format, not the substance, of prescriptions for provisions and clauses with alternates, as well as includes the full text of each provision or clause in each alternate.

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

CFR Citation: 48 CFR 216; 48 CFR 247; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/08/2013 78 FR 48397

NPRM Comment Period End 10/07/2013

Final Action 04/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH93

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Title: Further Implementation of Trafficking in Persons Policy (DFARS Case 2013-D007)

Abstract: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to further implement DoD Trafficking in Persons policy to improve awareness, compliance, and enforcement. This case responds to concerns raised at congressional hearings on Combating Trafficking in Persons. FAR Clause 52.222-50, Combating Trafficking in Persons, is required in all U.S. Government contracts. In 2011, DoD took additional steps to improve preparation for implementing combating trafficking in persons in DoD contracts by adding planning requirements and a new DFARS contract administration function for combating trafficking in persons. None of the requirements are expected to impose a significant economic burden

on small business concerns.

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

CFR Citation: 48 CFR 203 and 204; 48 CFR 212; 48 CFR 222; ... (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Regulatory Plan:

Statement of Need: In response to the congressional hearings on Combating Trafficking in Persons, this proposed rule will improve awareness, compliance, and enforcement of DoD policies on combating trafficking in persons.Legal Basis: This rule is proposed under the authority of 41 U.S.C. 1303.

Alternatives: DoD considered alternatives to address congressional concerns, but there were no other feasible alternatives to be adopted that could further decrease the impact on small entities.

Costs and Benefits: The cost of implementing this proposed rule is insignificant. However, the benefits to society as a wholeare immeasurable. The additional measures proposed by this rule, such as the requirement for contractors to post the DoDunique Fraud Hotline poster and ensure contractor employees are informed of their rights and responsibility to report trafficking in persons violations, would contribute toward the elimination of trafficking in persons within DoD. Moreover, this proposed rule supports the objectives of The Trafficking Victims Protection Act.

Risks: (1) There is the potential for new incidents of human trafficking within DoD; (2) untimely or lack of reporting of the event; and (3) inappropriate response, prosecution, and enforcement of alleged violations.

Timetable:

Action Date FR Cite

NPRM 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH94

View Related Documents

Title: Clauses With Alternates--Foreign Acquisition (DFARS Case 2013-D005)

Abstract: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to create separate prescriptions for the basic clause as well as each alternate in each set of foreign acquisition-related provisions/clauses with one or more alternates. In addition, the proposed rule would include the full text of each provision or clause alternate. DoD does not expect this rule to have a significant economic impact on a substantial number of small entities.

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

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

Timetable:

Action Date FR Cite

NPRM 04/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH95

View Related DocumentsTitle: Clauses With Alternates--Quality Assurance (DFARS Case 2013-D004)

Abstract: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to create an overarching prescriptions for each set of quality assurance-related provisions/clauses with one or more alternates. In addition, the proposed rule would include the full text of each provision and/or clause alternate. DoD does not expect this proposed rule to have a significant economic impact on a substantial number of small entities.

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

CFR Citation: 48 CFR 246; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/08/2013 78 FR 48407

NPRM Comment Period End 10/07/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AI01

View Related Documents

Title: Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States (DFARS Case 2013-D015)

Abstract: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to align it with revisions to the DoD Instruction on operational contract support. DoD is proposing to revise the DFARS to revise and update the prescription and the clause at DFARS 252.225-7040, currently titled "Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States," to align it with the changes in applicability, terminology, and other revisions made by Department of Defense Instruction (DoDI) 3020.41, entitled "Operational Contract Support (OCS)." The DoDI "establishes policy, assigns responsibilities, and provides procedures for OCS, including OCS program management, contract support integration, and integration of defense contractor personnel into contingency operations outside the United States..." (DoDI 3020.41, section 1.a.).

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

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

Timetable:

Action Date FR Cite

NPRM 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest. Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AI02

View Related Documents

Title: Clauses with Alternates--Contract Financing (DFARS Case 2013-D014)

Abstract: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to create an overarching prescription for the set of contract financing related clauses with one or more alternates. The rule also proposes to add a separate prescription for the basic clause as well as the alternate. In addition, the proposed rule would include the full text of the clause alternate. DoD does not expect this proposed rule to have a significant economic impact on a substantial number

of small entities.

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

CFR Citation: 48 CFR 232; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/08/2013 78 FR 48404

NPRM Comment Period End 10/07/2013

Final Action 03/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AI07

View Related Documents

Title: Prohibition on Storage and Removal of Toxic and Hazardous Materials--Statutory Update (DFARS Case 2013-D013)

Abstract: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) subpart to incorporate statutory changes and amend the clause prescriptions and alternate for the prohibition on storage, treatment, and disposal of toxic and hazardous materials. DoD is proposing to amend DFARS subpart 223.71, Storage and Disposal of Toxic and Hazardous Materials, to conform subpart 223.71 to the current enactment of 10 U.S.C. 2692.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
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; 10 USC 2692
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

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

View Related Documents

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

Abstract: DoD is issuing an interim rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a DFARS subpart and associated contract clauses to address requirements for the safeguarding of unclassified information within contractor information systems as specified in Executive Order 13556, Controlled Unclassified Information. DoD published an advance notice of proposed rulemaking (ANPR), 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. A proposed DFARS rule was published in the Federal Register at 76 FR 38089 on June 29, 2011, 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 with regard to certain cyber intrusion events that affect DoD information resident on or transiting through contractor unclassified information systems. After comments were received on the proposed rule it was decided that the scope of the rule would be modified to reduce the information covered. This interim rule addresses safeguarding requirements that cover only unclassified controlled technical information, and reporting the compromise of unclassified controlled technical information. DoD anticipates this rule may have a significant economic impact on a substantial number of small entities. 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 204; 48 CFR 212; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303; PL 112-239 Legal Deadline: None

Regulatory Plan:

Statement of Need: The Department of Defense (DoD) interim rule is in support of existing DoD information policy in DoD 5200.1-R, Information Security Program Regulation; Under Secretary of Defense (Intelligence) Directive Type Memorandum (DTM), April 17, 2004; DTM 08-027, entitled Security of Unclassified DoD Information on Non-DoD Information Systems, September 16, 2010, and other applicable DoD issuances. DoD requires this amendment to the DFARS to accomplish the following: a. Avoid compromise of unclassified computer networks on which controlled technical information is resident on or transiting through contractor information systems, and prevent the exfiltration of controlled technical information. b. Improve the protection of controlled technical information by employing enhanced security measures, as identified in the clause, to appropriately protect controlled technical information from unauthorized disclosure, loss, or exfiltration. c. Implement tracking and reporting of controlled technical information incursions to (1) assess the impact of loss; and (2) better understand methods of loss. d. Standardize procedures for tracking and reporting intrusions. Additionally, this interim rule is part of DoD's effort to enhance the protection of DoD information, and it also partially implements the National Defense Authorization Act (NDAA) for Fiscal Year 2013 section 941 requirement to mandate contractor reporting of information created by or for DoD that has been potentially compromised by a penetration of a contractor network.

Legal Basis: 41 U.S.C. 1303 and section 941 of the National Defense Authorization Act of Fiscal Year 2013.

Alternatives: There are no significant alternatives to accomplish the stated objectives of this rule. DoD considered regulatory requirements that were deemed to be complementary, but not adequate as an alternative to this rule.

Costs and Benefits: This rule improves national security by implementing safeguards that strengthen information security controls to unclassified controlled technical information within contractor information systems from unauthorized access and
disclosure. This rule benefits both the Government and contractors.

Risks: None.

Timetable:

Action Date FR Cite

ANPRM 03/03/2010 75 FR 9563

ANPRM Comment Period End 05/03/2010

NPRM 06/29/2011 76 FR 38089

NPRM Comment Period End 08/29/2011

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

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

NPRM Comment Period End 12/16/2011

Final Action 11/00/2013Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

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

View Related Documents

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

Abstract: DoD is issuing an interim rule to amend the Defense Federal Acquisition Regulations Supplement (DFARS) to remove language based on 10 U.S.C. 2323. 10 U.S.C. 2323 expired on September 30, 2009; therefore, the DFARS language that implemented this statute must be removed. DoD does not expect this interim rule to have a significant economic impact on a substantial number of small entities because it does not change the fundamental procurement policies that DoD has used to achieve strong SDB participation or to encourage the involvement of HBCUs and MSIs in defense-related research, development, testing, and evaluate.

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

CFR Citation: 48 CFR 205 and 206; 48 CFR 215; 48 CFR 219; 48 CFR 226; 48 CFR 235; 48 CFR 252; app I (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline:

Action Source Description Date

Other Statutory 10 U.S.C. 2323 expired on September 30, 2009 09/30/2009

Timetable:

Action Date FR Cite

Interim Final Rule 03/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

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

View Related Documents

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

Abstract: DoD is issuing an interim rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to provide detailed guidance and instructions on the use of the performance-based payments (PBP) analysis tool. The PBP analysis tool is a cash-flow model for evaluating alternative financing arrangements, and is required to be used by all contracting officers contemplating the use of PBPs on new fixed-price type contract awards resulting from solicitations issued on or after July 1, 2011. This rule will help ensure that performance-based payments never exceed total cost incurred at any point during the contract. The PBP analysis tool calculates improved financing opportunities that will provide benefit to both industry (prime and subcontractor level) and the taxpayer. No significant impact on small entities is anticipated because requiring use of the PBP tool does not require contractors to expend significant effort or cost.

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

CFR Citation: 48 CFR 232; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/30/2012 77 FR 4638

NPRM Comment Period End 03/30/2012

Interim Final Rule 04/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

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

View Related Documents

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

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add a solicitation provision to require offerors to identify their highest-level owner, immediate owner, and entity with controlling interest in the offeror. The Commercial And Government Entity (CAGE) code and legal name of that business provide the ability to identify owners of offerors. DoD does not anticipate this rule will have a significant impact on small business.

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

CFR Citation: 48 CFR 204; 48 CFR 212; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/24/2012 77 FR 43474

NPRM Comment Period End 09/24/2012

Final Action 12/00/2013

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

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

View Related Documents

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

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update and clarify requirements of unique identification and valuation of items delivered under DoD contracts. The rule revises the applicableprescription and contract clause at DFARS 252.211-7003 to reflect the current identification and valuation requirements. Item unique identification and valuation is a system of marking, valuing, and tracking items delivered to DoD that enhances logistics, contracting, and financial business transactions supporting the U.S. and coalition troops. DoD does not expect this rule to have a significant economic impact on a substantial number of small entities because the changes being made do not increase the burden of the item unique identification requirements, nor do they cause the requirement to be applicable to any additional small

businesses.

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

CFR Citation: 48 CFR 211 and 212; 48 CFR 246; 48 CFR 252; ... (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/15/2012 77 FR 35921

NPRM Comment Period End 08/14/2012

Final Action 01/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

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

View Related Documents

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

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to explicitly state that fringe benefit costs incurred or estimated that are contrary to law, employer-employee agreement, or an established policy of the contractor are unallowable. This rule amends the DFARS at 231.205-6 by adding paragraph (m)(1) to explicitly state that fringe benefit costs incurred or estimated that are contrary to law, employer-employee agreement, or an established policy of the contractor are unallowable. DoD does not expect this rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because this rule merely provides explicit clarification regarding the unallowability of fringe benefit costs incurred or estimated.

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

CFR Citation: 48 CFR 231 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/28/2013 78 FR 13606

NPRM Comment Period End 04/29/2013

Final Action 02/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

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

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH79

View Related Documents

Title: New Free Trade Agreement--Panama (DFARS Case 2012-D044)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) part 252 to implement the United States-Panama Trade Promotion Agreement Implementation Act (Pub. L. 112¬43)(19 U.S.C. 3805 note). This Trade Promotion Agreement is a free trade agreement that provides for mutually non-discriminatory treatment of eligible products and services from Panama. The Panama FTA covers acquisitions of supplies and services equal to or exceeding $202,000. The FTA provides for (1) waiver of the applicability of the Buy American statute (41 U.S.C. chapter 83) for some foreign supplies and construction materials from Panama; and (2) applicability of specified procurement procedures designed to ensure fairness in the acquisition of supplies and services (see FAR 25.408). DoD does not anticipate any significant economic impact on U.S. small businesses. The Department of Defense only applies the trade agreements to the non-defense items listed at DFARS 225.401-70, and acquisitions that are set aside or provide other forms of preference for small businesses are exempt.

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

CFR Citation: 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303; PL 112-43; 19 USC 3805 note
Legal Deadline:

Action Source Description Date

Other Statutory Implementation required at time FTA with Panama becomes effective

Timetable:

Action Date FR Cite

Interim Final Rule 11/16/2012 77 FR 68699

Interim Final Rule Comment Period End 01/15/2013

Final Action 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest. Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

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

View Related Documents

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

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to outline the contracting officer's responsibilities when assisting the DoD implementing agency in the preparation of the letter of offer and acceptance for a foreign military sale (FMS) that results in a contract. Letters of offer and acceptance are used by the U.S. Government to document FMS agreements. DoD is amending DFARS 225.7302 to revise and move the text at DFARS Procedures, Guidance, and Instruction (PGI) 225.7302(1) into the DFARS. This action is necessary because the directions to the contracting officer at PGI 225.7302(1) may have impact on prospective contractors, and therefore require relocation to the DFARS. DoD does not expect the rule will have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.

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

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

Timetable:

Action Date FR Cite

NPRM 05/16/2013 78 FR 28793

NPRM Comment Period End 07/15/2013

Final Action 03/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

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

View Related Documents

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

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide guidance to contractors submitting a proposal to negotiate forward pricing rates. This proposed rule promotes the increased use of forward pricing rate agreements (FPRAs) to reduce administrative costs, in accordance with DoD's Better Buying Power initiative, and to promote greater efficiency and productivity in the preparation and review of FPRA proposals. The amendment to DFARS 215.403-5 adds instructions to contracting officers to request contractors to submit the Contractor Forward Pricing Rate Proposal Adequacy Checklist at table 215.403XX with forward pricing rate proposals. DoD does not expect this rule to have a significant economic impact on a substantial number of small businesses.

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

CFR Citation: 48 CFR 215 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/16/2013 78 FR 28790

NPRM Comment Period End 07/15/2013

Final Action 03/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH88

View Related Documents

Title: Detection and Avoidance of Counterfeit Electronic Parts (DFARS Case 2012-D055)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to partially implement section 818 (paragraphs (c) and (f)) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2012 (Pub. L. 112-81,enacted December 31, 2011). Section 818 is entitled "Detection and Avoidance of Counterfeit Electronic Parts." Paragraph (f) of section 818 contains the definitions of "covered contractor" and "electronic part." Other aspects of section 818 are being implemented separately. This rule is not expected to have a significant economic impact on a substantial number of small entities because it applies only to contracts that are subject to the Cost Accounting Standards (CAS). Contracts with small entities are exempt from CAS.

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

CFR Citation: 48 CFR 202; 48 CFR 231; 48 CFR 244; 48 CFR 246; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303; PL 112-81, sec 818 Legal Deadline: NDAA for Fiscal Year 2012 states that not later than 270 days after the date of the enactment of this Act, the Secretary shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to address the detection and avoidance of counterfeit electronic parts.

Action Source Description Date

NPRM Statutory Public Law 112 -81 09/30/2012

Timetable:

Action Date FR Cite

NPRM 05/16/2013 78 FR 28780

NPRM Comment Period End 07/15/2013

Final Action 02/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH89

View Related Documents

Title: Only One Offer--Further Implementation (DFARS Case 2013-D001)

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to further implement DoD policy relating to competitive acquisitions in which only offer is received, providing additional exceptions, and further addressing requests for data other than certified cost or pricing data from the Canadian Commercial Corporation. The objective of the rule is to promote competition and ensure fair and reasonable prices by implementing DoD policy with regard to acquisitions when only one offer is received, including the Canadian Commercial Corporation. DoD does not anticipate that this rule will have a significant impact on small entities.

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

CFR Citation: 48 CFR 212; 48 CFR 225; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/16/2013 78 FR 28785

NPRM Comment Period End 07/15/2013

Final Action 04/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH96

View Related Documents

Title: Requirements Relating to Supply Chain Risk (DFARS Case 2012-D050)

Abstract: DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011, as amended by the NDAA for FY 2013. This interim rule revises the DFARS to implement section 806 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, Public Law 111-383; entitled "Enhancement of Whistleblower Protections for Contractor Employees," made extensive changes to 10 U.S.C. 2409, entitled "Contractor employees: protection from reprisal or disclosure.

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

CFR Citation: 48 CFR 208; 48 CFR 212; 48 CFR 215; 48 CFR 233; ... (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303; PL 111-383, sec 806; PL 112-239, sec 806
Legal Deadline: Within 180 days from enactment of the National Defense Authorization Act for Fiscal Year 2011, which was enacted on January 7, 2011.

Action Source Description Date

Other Statutory section 806 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011, as amended by section 806 of the NDAA for FY 2013 07/07/2011

Regulatory Plan:

Statement of Need: The Department of Defense is required to implement in the Defense Federal Acquisition Regulation protection against risks to the supply chain affecting National Security Systems (NSSs). Additionally, DOD Instruction (DODI) 5200.44 (November 5, 2012) Protection of Mission Critical Functions to Achieve Trusted Systems and Networks (TSN), recognizes the need to improve supply chain risk management.

Legal Basis: This interim rule is required under the authorities of section 806 of the National Defense Authorization Act (NDAA) for Fiscal Year 2011 (Pub. L. 111-383), as amended by section 806 of the NDAA for FY 2013 (Pub. L. 112-239).

Alternatives: DoD considered two possible alternatives to protect against risks to the National Security Systems. However, consistent with the stated objectives of Section 806 of the NDAA for FY 2011, as amended, and Department of Defense Instruction 5200.44 (November 5, 2012), no viable alternatives exist. The first possible alternative included having all contractors report, on all contracts, the nature of the supply chain risk mitigation efforts they have applied to their manufacturing processes. This alternative would be unduly burdensome for both contractors and the government and was therefore rejected. The second alternative is not to have section 806 clauses applicable to commercial and commercial off-the-shelf (COTS) items and purchases below the simplified acquisition threshold. However, the requirements of section 806 should apply to the procurement of commercial items (including COTS items); because the intent of the statute is to protect the supply chain, which in turn protects all NSSs. Commercial and commercial off-the-shelf information technology supplies and services often become parts of the NSSs. To protect the NSSs, using the authority of Public Law 111-383, as amended by Public Law 112-239, requires application in all information technology supply and services contacts. Therefore, exempting commercial (including COTS) items from application of the statute would negate the intended effect of the statute. This second alternative was also rejected as a

viable alternative.

Costs and Benefits: This interim rule will mitigate the risk and potential harm to the National Security Systems (NSS) and protect the integrity of the supply chain to NSS by avoiding sabotage, maliciously introducing unwanted functions, or other subversion of the design, integrity, manufacturing, production, installation, operation or maintenance of systems. Ultimately, DoD anticipates significant savings to taxpayers by reducing the risk of unsafe products entering our supply chain, which pose serious threats or risks to sensitive government information technology systems.

Risks: There is risk to the National Security Systems if unwanted functions are allowed to penetrate the DoD supply chain. This risk to NSS, if left unmitigated, threatens the security of sensitive information technology systems and puts in jeopardy the safety of our military forces.

Timetable:

Action Date FR Cite

Interim Final Rule 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: NoFederalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH97

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Title: Enhancement of Contractor Employee Whistleblower Protections (DFARS Case 2013-D010)

Abstract: DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement statutory amendments to whistleblower protections for contractor employees. DoD is revising the DFARS to implement a policy enhancing the whistleblower protections for contractor employees as modified by section 827 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239, enacted January 2, 2013). Section 827, entitled "Requirements for Information Relating to Supply Chain Risk," as amended by section 806 of the NDAA for FY 2013 (Pub. L. 112-239), and allows the DoD to consider the impact of supply chain risk in specified types of procurements related to National Security Systems (NSS). Section 806 defines supply chain risk as "the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system."

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
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; PL 112-239, sec 827 Legal Deadline: July 2, 2013 or within 180 days from enactment of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. 112-239), which was enacted on Jan 2, 2013.

Action Source Description Date

Other Statutory section 827 of the NDAA for Fiscal Year 2013 (Pub. L. 112-239) 01/02/2013

Regulatory Plan:

Statement of Need: The Department of Defense (DoD) is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement amendments made by section 827 of the National Defense Authorization Act for Fiscal Year 2013. Section 827 amends 10 U.S.C. 2409 and 10 U.S.C. 2324(k), making the changes applicable to DoD and NASA. Each agency is amending its FAR supplement.

Legal Basis: Public Law 112- 239, section 827 and 41 U.S.C. 1303.

Alternatives: There are no significant alternatives to accomplish the stated objectives of this rule. DoD considered several alternatives with emphasis on reducing the burden on small entities. Because of the terms used in the statute, DoD is unable to exempt small entities or to establish a dollar threshold for coverage. Regardless of the size of the business, a whistleblower employee must be protected from retaliation by his/her employer.

Costs and Benefits: The costs associated with implanting the amendments to existing protections for contractor whistleblower employees, as a result of changes to the law, are minimal. Benefit: The rule proposes to strengthen protections for contractor personnel who disclose incidents of fraud, waste, and abuse of DoD contracts.

Risks: There is potential risk to the public on cases involving fraud, waste, and abuse of DoD contracts going unreported for fear of inadequate protections for whistleblowers under the law.

Timetable:

Action Date FR Cite

Interim Final Rule 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH98

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Title: Acquisitions in Support of Operations in Afghanistan (DFARS Case 2013-D009)

Abstract: DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement two sections of the National Defense Authorization Act for Fiscal Year 2013 that (1) require compliance with domestic source restrictions in the case of any textile components supplied by DoD to the Afghan National Army or the Afghan National Police for purposes of production of uniforms, and (2) eliminate the application of the enhanced authority to acquire products and services from Iraq. This interim rule revises the DFARS to implement sections 826 and 842 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. 112-239). DoD does not expect this rule to have a significant economic impact on a substantial number of small entities.

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

CFR Citation: 48 CFR 206; 48 CFR 225; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303; PL 112-239, sec 842; PL 112-239, sec 826
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest. Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AI03

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Title: Approval of Rental Waiver Requests (DFARS Case 2013-D006)

Abstract: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove the Director of Defense Security Cooperation Agency (DSCA) from the approval process for waiver or reduction of charges. DoD is revising the DFARS to implement a policy that will allow contracting officers to approve requests for waiver or reduction of rental charges for the use of Government property on work for foreign governments or international organizations. This final rule is not required to be published for public comment, because the changes are not substantive and only modify the internal operating procedures of the Department of Defense. DoD certifies that this final rule will not have a significant economic impact

on a substantial number of small entities.

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

CFR Citation: 48 CFR 245 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303
Legal Deadline: None

Timetable:

Action Date FR CiteFinal Action 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AI04

View Related Documents

Title: Allowability of Legal Costs for Whistleblower Proceedings (DFARS Case 2013-D022)

Abstract: DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2013 that amends the allowability of legal costs incurred by a contractor related to whistleblower proceedings. This interim rule is to implement paragraphs 827(g) and (i) of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 113-239). Section 827(g) expands the cost principle at 10 U.S.C. 2324(k) to apply the cost principle on allowability of costs related to legal and other proceedings to costs incurred by contractors in proceedings commenced by a contractor employee submitting a complaint under 10 U.S.C. 2409 (whistleblowing), and include as specifically unallowable, legal costs of a proceeding that results in an order to take corrective action under 10
U.S.C. 2409.

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

CFR Citation: 48 CFR 216; 48 CFR 231; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303; PL 112-239, sec 827; 10 USC 2324(k)
Legal Deadline:

Action Source Description Date

Other Statutory section 827(g) and (i) of the NDAA for fiscal year 2013 (Pub. L. 113- 239) 01/02/2013

Regulatory Plan:

Statement of Need: DoD requires this action to implement paragraphs 827(g) and (i) of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 113-239). Section 827(g) expands the cost principle at 10 U.S.C. 2324(k) to apply the cost principle on allowability of costs related to legal and other proceedings to costs incurred by contractors in proceedings commenced by a contractor employee submitting a complaint under 10 U.S.C. 2409 (whistleblowing), and include as specifically unallowable, legal costs of a proceeding that results in an order to take corrective action under 10 U.S.C. 2409. This interim rule revises the DFARS subparts 216.3 and 231.2 and adds a new clause at 252.216 to implement paragraphs (g) and (i) of section 827 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 113-239).

Legal Basis: The legal basis for this rule is section 827(g) of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), enacted on January 2, 2013.

Alternatives: DoD was unable to identify any alternatives to the rule that would reduce the impact on the public, particularly on small entities, and still meet the requirements of the statute.

Costs and Benefits: There is no significant cost to the Government; however, there is potential cost to a contractor involved in the submission of a whistleblower complaint that results in a monetary penalty to the contractor or an order for the contractor to take corrective measures. Benefits include potential savings to taxpayers, since costs incurred by the contractor are disallowed as a result of one of its employee's filing a complaint under 10 U.S.C. 2409.

Risks: There is risk to a contractor if a contractor employee commenced a proceeding by submitting a complaint under 10 U.S.C. 2409, and if that proceeding resulted in imposition of a monetary penalty or an order to take corrective action under 10
U.S.C. 2409.

Timetable:

Action Date FR Cite

Interim Final Rule 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: NoEnergy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AI05

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Title: Private Sector Notification Requirements of In-Sourcing Actions (DFARS Case 2012-D036)

Abstract: DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) toimplement a section of the National Defense Authorization Act (NDAA) for FY 2012 regarding private sector notification of insourcing actions. This interim rule revises DFARS 237.102-79 to implement section 938 of the National Defense Authorization Act (NDAA) for FY 2012 regarding private sector notification of in-sourcing actions. Section 938 of the NDAA requires the Secretary of Defense to establish procedures for the timely notification of any contractor who performs a function that the Secretary plans to convert (in-source) to performance by DoD civilian employees and provide the congressional defense committees a copy of any such notification.

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

CFR Citation: 48 CFR 237 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303; PL 112-81 Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 11/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AI06

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Title: Disclosure to Litigation Support Contractors (DFARS Case 2012-D029)

Abstract: DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement authority for DoD to allow its litigation support contractors to have access to "sensitive information," provided that the litigation support contractor is subject to certain restrictions on using and disclosing such information. Section 802 of the

National Defense Authorization Act of Fiscal Year 2012 is a successor to section 801 of the National Defense Authorization Act of Fiscal Year 2011 (Pub. L. 111-383), which amended 10 U.S.C. section 2320 to authorize DoD "covered litigation support contractors" to have access to and use of any technical, proprietary, or confidential data delivered under a contract for the sole purpose of providing litigation support. Section 802 amended 10 U.S.C. to add section 129d, repealed section 801 and expanded the basic scheme first established in section 801 to cover a significantly broader class of "sensitive information," which is defined as "confidential commercial, financial, or proprietary information, technical data, or other privileged information."

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

CFR Citation: 48 CFR 204; 48 CFR 227; 48 CFR 237; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303; PL 111-383Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 02/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AI08

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Title: Relocate Coverage on Organizational Conflicts of Interest (DFARS Case 2013-D021)

Abstract: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to relocate coverage on organizational conflicts of interest, in order to conform to changes in the Federal Acquisition Regulation. This final rule moves coverage at DFARS subpart 209.5 to subparts 203.12 and 204.4 to conform to FAR changes.

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

CFR Citation: 48 CFR 203; 48 CFR 204; 48 CFR 209; 48 CFR 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 05/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AI09

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Title: New Designated Country--Croatia (DFARS Case 2013-D031)

Abstract: DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add Croatia as a new designated country under the World Trade Organization Government Procurement Agreement (WTO GPA). Croatia joined the European Union on July 1, 2013, which is a party to the WTO GPA. This rule adds Croatia to the list of World Trade Organization Government Procurement Agreement countries wherever it appears in the DFARS, as part of the definition of "designated country."

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

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

Timetable:

Action Date FR Cite

Final Action 02/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest. Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

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

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

Abstract: DoD amended the Defense Federal Acquisition Regulation Supplement (DFARS) to simplify prescriptions for provisions and clauses that are applicable to the acquisition of commercial items and to specify flowdown of clauses to commercial subcontracts. This rule will enable the use of automated contract writing systems and reduce the need for constant updates of clause dates in multiple locations of the DFARS. Currently, the clause at DFARS 252.212-7001 requires the contracting officer to "check a box" to identify the clauses that are applicable to each commercial item acquisition, and this approach is not compatible with most automated contract writing systems. Additionally, this rule will provide a single list of provisions and clauses applicable to commercial items that will be included at DFARS 212.301(f) rather than being incorporated into a clause. DoD does not expect this rule to have a significant economic impact on small business because the rule aims to only change the appearance of how commercial provisions and clauses are presented within DoD contracts for commercial

items.

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

CFR Citation: 48 CFR 203 and 204; 48 CFR 209; 48 CFR 211 and 212; 48 CFR 219; 48 CFR 225 to 227; 48 CFR 232; 48 CFR 237; 48 CFR 243 and 244; 48 CFR 246 and 247; 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 04/05/2012 77 FR 20598

NPRM Comment Period End 06/04/2012

Final Action 06/25/2013 78 FR 37980

Final Action Effective 06/25/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

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

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

Abstract: DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement requirements of the Treaty Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation (the U.S.-U.K. DTC Treaty) and the Security Cooperation Act of 2010 regarding export control regulations between the United States and the United Kingdom. The final rule also implements the Treaty Between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation. DoD does not expect this rule to have a significant economic impact on a substantial number of small entities because the rule does not impose burdens on small businesses.

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

CFR Citation: 22 CFR 110; 48 CFR 225; 22 CFR 120-130; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303; PL 111-266; 22 USC 2778
Legal Deadline:

Action Source Description Date

Other Statutory This action is necessary because the Department of State has received expedited OIRA review handling of the final ITAR rule and the Department of State is projecting a mid-March publication. 03/30/2012

Timetable:

Action Date FR Cite

Interim Final Rule 05/22/2012 77 FR 30361

Interim Final Rule Effective 05/22/2012

Interim Final Rule Comment Period End 07/23/2012

Final Action 06/17/2013 78 FR 36108

Final Action Effective 06/17/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No
Energy Affected: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest. Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH91

View Related Documents

Title: Requirements for Acquisitions Pursuant to Multiple Award Contracts (DFARS Case 2012-D047)

Abstract: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 863 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2009 (Pub. L. 110-417). Section 863(f) repeals redundant provisions of section 803 of the NDAA for FY 2001, which was implemented by a previous DFARS case, 2001-D017. Increasing savings in expenditures through competition is a continuing goal of the Federal Government, and as such, section 863 of the NDAA for FY 2009 required that the Federal Acquisition Regulation (FAR) be amended to require enhanced competition in the purchase of property and services by all executive agencies pursuant to multiple-award contracts. Final publication of FAR Case 2007-012 (March 2, 2012), Requirements for Acquisitions Pursuant to Multiple-Award Contracts, satisfied this requirement of section 863. The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require publication for public comment.

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

CFR Citation: 48 CFR 208; 48 CFR 216; 48 CFR 247 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 41 USC 1303; PL 107-107, sec 863Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule 06/26/2013 78 FR 38234

Final Action Effective 06/26/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH92

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Title: Release of Fundamental Research Information (DFARS Case 2012-D054)

Abstract: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide guidance relating to the release of fundamental research information. This rule was previously published as part of the proposed rule 2011-D039, Safeguarding Unclassified DoD Information. This was broken out as a separate rule because the changes in this DFARS clause deal with the release of information on fundamental research projects and not safeguarding. This rule was initiated to implement guidance provided by the Under Secretary of Defense for Acquisition, Technology and Logistics (AT&L) in a memorandum dated May 24, 2010. The memorandum provided additional clarifying guidance to ensure that DoD does not restrict disclosure of the results of fundamental research, as defined by the National Security Decision Directive (NSDD) 189, unless such research efforts are classified for reasons of national security or otherwise restricted by applicable Federal statutes, regulations, or executive orders. The final rule is not expected to have a significant impact on small entities, because the rule aims to implement policy guidance that is already being followed within DoD regarding restrictions on the disclosure of

fundamental research.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action
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 Cite

Final Action 08/08/2013 78 FR 48331

Final Action Effective 08/08/2013

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

Department of Defense (DOD) Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AI00

View Related Documents

Title: Least Developed Countries that are Designated Countries (DFARS Case 2013-D019)

Abstract: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implementa revision by the United States Trade Representative (USTR) to the list of least developed countries that are designated countries under the Trade Agreements Act of 1979. 19 U.S.C. 2511(b)(4) allows the President to designate least developed countries as eligible countries under the Trade Agreements Act of 1979, allowing nondiscriminatory treatment of the products of such countries in acquisitions subject to the World Trade Organization Government Procurement Agreement. This statutory authority has been delegated to the United States Trade Representative (USTR). The Regulatory Flexibility Act does not apply to this rule because this final rule does not require publication for public comment.

Priority: Substantive, Nonsignificant 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: 41 USC 1303; 19 USC 2511(b)(4)
Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule 08/08/2013 78 FR 48333

Final Action Effective 08/08/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Manuel Quinones Department of Defense Defense Acquisition Regulations Council 4800 Mark Center Drive, Suite15D07-2, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-6088

E-Mail: manuel.quinones@osd.mil

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

View Related Documents

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

Abstract: This rule provides guidance on the implementation of the Freedom of Information Act, as amended by the Electronic Freedom of Information Act Amendments of 1996. The amendments will ensure appropriate agency disclosure of information and offer consistency with the goals of section 552 of title 5, United States Code. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 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

Second NPRM 01/00/2014

Additional Information: DoD 5400.07-R

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: James Hogan Department of Defense Office of the Secretary 1155 Defense Pentagon, Washington, DC 20301-1115 Washington , DC 20301-1115

Phone: 703 696-4995

FAX: 703 696-4506

E-Mail: james.hogan@whs.milDepartment 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: Proposed 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

Second NPRM 04/00/2014

Additional Information: Administrative Instruction 108

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: James Hogan Department of Defense Office of the Secretary 1155 Defense Pentagon, Washington, DC 20301-1115 Washington , DC 20301-1115

Phone: 703 696-4995

FAX: 703 696-4506

E -Mail: james.hogan@whs.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI30

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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) implementation of a privacy program under the Privacy Act of 1974, as amended. It is DCMA policy that individuals have a fundamental right to privacy and the expectation that this Agency, including contractors, will safeguard personally identifiable information (PII) it maintains to the maximum extent practicable. This part reinforces that policy and ensures that DCMA shall balance the right of the individual to be protected against unwarranted invasions of personal privacy against agency need when setting any requirement to collect, maintain, use, and disseminate PII, ensuring that such activities are relevant and necessary to achieve a purpose required by statute, executive order, or regulation. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 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

Second NPRM 03/00/2014Regulatory 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 6350 Walker Lane, Suite 300, Alexandria, VA 22310 Alexandria , VA 22310

Phone: 703 428-1487

FAX: 703 428-3579

E -Mail: debbie.gendreau@dcma.mil

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

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Title: Defense Industrial Personnel Security Clearance Review Program

Abstract: This part updates policies and responsibilities of the Defense Industrial Personnel Security Clearance Review Program and implements Executive Order 10865, as amended. It also designates the General Counsel of the Department of Defense as the representative of the Secretary of Defense for oversight of the personnel security programs of the Department of

Defense.

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

CFR Citation: 32 CFR 155 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: EO 10865; EO 10909; EO 11382; EO 12829
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2014

Additional Information: DoD Instruction 5220.06

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Peregrine Russell-Hunter Department of Defense Office of the Secretary 5000 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 696-4751

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

View Related Documents

Title: Procedural Guidance for Industrial Personnel Security Clearance Review Program

Abstract: This rule establishes detailed procedural guidance for evaluating whether to grant access to classified information. It is DoD policy that all proceedings provided for by this part shall be conducted in a fair and impartial manner, in compliance with Executive Order 10865 and 32 CFR part 155, and in a manner that gives all applicants for a security clearance notice and an opportunity to be heard, consistent with the need to preserve the integrity of classified information and to protect the national

interest.

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

CFR Citation: 32 CFR 160 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 18 USC 1001; EO 10865 Legal Deadline: None

Timetable:Action Date FR Cite

NPRM 05/00/2014

Additional Information: DoD Instruction 5220.aa

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Peregrine Russell-Hunter Department of Defense Office of the Secretary 5000 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 696-4751

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-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 U.S.C. 130. Pursuant to 10 U.S.C. 130 and 133, the Secretary of Defense may withhold from public disclosure, notwithstanding any other provision of law, any technical data with military or space application in the possession of, or under the control of, the DoD, if such data may not be exported lawfully without an approval, authorization, or license in accordance with Executive Order 13222 or pursuant to the Arms Export Control Act of 1976. However, technical data may not be withheld under this section if regulations promulgated under either Executive Order 13222 or the Arms Export Control Act of 1976 authorize the export of such data pursuant to a general, unrestricted license or exemption in such regulations. Because public disclosure of technical data subject to this part is tantamount to providing uncontrolled foreign access, withholding such data from public disclosure, unless approved, authorized, or licensed in accordance with export control laws, is necessary and in the national interest. Unclassified technical data that are not governed by this part, unless otherwise restricted, shall continue to be made available to the public as well as to State and local governments. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 250 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 133
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2014

Additional Information: DoD Instruction 5230.25

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Vakare Valaitis Department of Defense Office of the Secretary 3050 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 767-9159

FAX: 703 767-8228

E -Mail: vvalaiti@dtic.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI75

View Related DocumentsTitle: Presentation of DoD-Related Scientific and Technical Papers at Meetings

Abstract: This proposed rule supports current policies regarding classified meetings and requirements for review of scientific and technical papers, provides guidance for reviewing and presenting papers containing export-controlled DoD technical data, establishes procedures for obtaining DoD advice on independently produced scientific and technical papers, and provides criteria for identifying fundamental research activities performed under contract or grant that are excluded from review requirements. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 249 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 133
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2014

Additional Information: DoD Instruction 5230.27

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Vakare Valaitis Department of Defense Office of the Secretary 3050 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 767-9159

FAX: 703 767-8228

E -Mail: vvalaiti@dtic.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI76

View Related Documents

Title: DoD Guidance on Academic and Commercial Use of Research and Development Laboratory Facilities and Services

Abstract: This rule implements guidance for statutory authority, consistent with 10 U.S.C. 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 04/00/2014

Additional Information: DoD Instruction 3202.01

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: Undetermined
Energy Affected: Undetermined Agency Contact: John W Fischer Department of Defense Office of the Secretary 875 North Randolph Street, Arlington, VA 22203-1766 Arlington , VA 22203-1766Phone: 703 588-1476

E-Mail: john.fischer@osd.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI80

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Title: National Industrial Security Program: Industrial Security Procedures for Government Activities

Abstract: This part is composed of several volumes, each containing its own purpose. In accordance with the authority in Department of Defense (DoD) Directive 5143.01, the purpose of the overall part is to implement policy, assign responsibilities, establish requirements, and provide procedures consistent with Executive Order 12829, "National Industrial Security Program," DoD Instruction 5220.22, and Executive Order 10865, "Safeguarding classified information within industry" for the protection of classified information that is disclosed to, or developed by contractors, licensees, and grantees of the U.S. Government (USG). This part sets forth industrial security policies, procedures, and practices applicable to USG activities using the Department of Defense (DoD) as their Cognizant Security Agency (CSA), to ensure maximum uniformity and effectiveness in DoD implementation of the National Industrial Security Program in accordance with Executive Order 12829. These DoD Components and non-DoD agencies are hereafter referred to as Government contracting activities (GCAs). The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 167 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: EO 12829; EO 13526
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2013

Additional Information: DoD Manual 5220.22 volume 2

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Valerie Heil Department of Defense Office of the Secretary 5000 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 604-1112

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI82

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Title: Exceptional Family Member Program (EFMP)

Abstract: This part establishes the Exceptional Family Member Program (EFMP) and provides guidance, assigns responsibilities, and prescribes procedures for identifying a family member with special needs, providing family support to military families that include a family member with special needs, authorizing travel at Government expense for active duty service family members with special needs, and, processing DoD civilian employees who have family members with special needs for an overseas assignment.

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

CFR Citation: 32 CFR 75 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 1781C
Legal Deadline: None

Timetable:

Action Date FR CiteNPRM 03/00/2014

Additional Information: DoD Instruction 1315.19

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Tyner Edward Department of Defense Office of the Secretary 4000 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 588-0099

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI84

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Title: National Defense Science and Engineering Graduate (NDSEG) Fellowships

Abstract: This part establishes guidelines for the award of National Defense Science and Engineering Graduate (NDSEG) Fellowships, as required by 10 U.S.C. 2191. NDSEG fellowships shall be awarded solely to U.S. citizens and nationals who agree to pursue graduate degrees in science, engineering, or other designated fields of study to be of priority to the DoD. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 168a (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 2191
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2014

Additional Information: DoD Instruction 3218.02

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Laura Adolfie Department of Defense Office of the Secretary 3030 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 588-1479

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI89

View Related Documents

Title: Foreign Criminal and Civil Jurisdiction

Abstract: This proposed rule updates DoD policy and procedures concerning trial by foreign courts and treatment in foreign prisons of U.S. Armed Forces personnel, dependents of U.S. Armed Forces personnel, and nationals and non-nationals of the United States serving with, employed by, or accompanying the U.S. Armed Forces in an area outside the United States and territories and possessions of the United States, the northern Mariana Islands, and the Commonwealth of Puerto Rico, and dependents of such persons (hereinafter referred to collectively as U.S. personnel).

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

CFR Citation: 32 CFR 151 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC ch 47; 10 USC 1037Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2014

Additional Information: DoD Instruction 5525.01

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Bart Wager Department of Defense Office of the Secretary 1600 Defense Pentagon, Washington, DC 20301-1600 Washington , DC 20301-1600

Phone: 703 571-9355

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI90

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Title: DoD Assistance to Non-Government, Entertainment-Oriented Media Productions

Abstract: This part establishes policy, assigns responsibilities, and prescribes procedures for DoD assistance to nonGovernment entertainment media productions such as feature motion pictures, episodic television programs, documentaries, and computer-based games. It provides substantially increased oversight of production support at higher headquarters and DoD level. A number of important improvements in policy were made to eliminate inconsistencies and ambiguities, and thereby preclude the possibility of inappropriately providing production support in the future.

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

CFR Citation: 32 CFR 238 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 31 USC 9701
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2014

Additional Information: DoD Instruction 5410.16

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Phillip Strub Department of Defense Office of the Secretary 1400 Defense Pentagon, Washington, DC 20301-1400 Washington , DC 20301-1400

Phone: 703 695-2936

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI91

View Related Documents

Title: Processing Complaints of Discrimination

Abstract: This proposed rule provides procedures for processing complaints of discrimination in employment on the basis of race, color, religion, sex (including pregnancy, gender stereotyping), age (40 or older), national origin, disability (physical and/or mental), genetic information, and/or retaliation for opposing discrimination or participating in the Equal Employment Opportunity (EEO) process.

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

CFR Citation: 32 CFR 225 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 552
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2014

Additional Information: Administrative Instruction 9

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Che Lopez Department of Defense Office of the Secretary 1155 Defense Pentagon, Washington, DC 20301-1155 Washington , DC 20301-1155

Phone: 571 372-0845

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI93

View Related Documents

Title: Financial Assistance to Local Educational Agencies (LEAs)

Abstract: This rule assigns responsibilities and prescribes procedures for providing payments to eligible Local Educational Agencies (LEAs) that provide services to qualifying military dependent students with severe disabilities. It updates the responsibilities and procedures for providing financial assistance to eligible LEAs to benefit qualifying dependent students of the military services and DoD civilian employees.

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

CFR Citation: 32 CFR 58 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 20 USC 7703; 20 USC 7703a; 20 USC 7703b
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2013

Additional Information: DoD Instruction 1342.18

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Agency Contact: Marsha Jacobson Department of Defense Office of the Secretary 4040 North Fairfax Drive, Arlington, VA 22203-1635 Arlington , VA 22203-1635

Phone: 571 372-1900

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI94

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Title: Public Affairs Relations With Businesses, Business-Related Organizations, and Other Non-Governmental Organizations

Abstract: This rule establishes policy and assigns responsibilities for interacting with appropriate non-governmental organizations (NGOs) and provides guidance relative to policies and programs for: (1) Providing information to business, business-related associations, industry, and other appropriate NGOs; (2) participating in activities involving businesses or NGOs having business or industry members; and (3) using DoD material, uniforms, and insignia for commercial purposes.Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 248 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 17 USC 106 to 122 Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2014

Additional Information: DoD Instruction 5410.20

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Agency Contact: Adrian Starks Department of Defense Office of the Secretary 1400 Defense Pentagon, Washington, DC 20301-1400 Washington , DC 20301-1400

Phone: 703 695-6290

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ00

View Related Documents

Title: Civilian Employment and Reemployment Rights for Service Members, Former Service Members and Applicants of the
Uniformed Services

Abstract: This rule updates established policy, assigned responsibilities, and procedures for informing servicemembers and individuals who apply for uniformed service of their civilian employment and reemployment rights, benefits, and obligations.

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

CFR Citation: 32 CFR 104 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 38 USD ch 43
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2014

Additional Information: DoD Instruction 1205.12

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Ann Ampley Department of Defense Office of the Secretary 4000 Defense Pentagon, Washington, DC 20301-4000 Washington , DC 20301-4000

Phone: 571 372-0685

E-Mail: ann.r.ampley.civ@mail.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ01

View Related Documents

Title: National Security Education Program (NSEP) and NSEP Service Agreement

Abstract: This rule implements the responsibilities of the Secretary of Defense for administering the National Security Education Program (NSEP); updates DoD policy, assigns responsibilities, and prescribes procedures and requirements for administering and executing the NSEP service agreement; explains the responsibility of the Under Secretary of Defense for Personnel and Readiness (USD (P&R)) for policy and funding oversight for NSEP and for administrative and logistical support toNSEP; modifies requirements related to the service agreement; assigns administrative responsibility of the National Language Service Corps (NLSC); and assigns oversight of NSEP and the NLSC to the Defense Language and National Security Education Office (DLNSEO).

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

CFR Citation: 32 CFR 208 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 1596b; 31 USC 1535; 50 USC 1902
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2014

Additional Information: DoD Instruction 1025.02

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Alison Patz Department of Defense Office of the Secretary 1400 Defense Pentagon, Washington , DC 20301-1400 Washington , DC 20301-1400

Phone: 703 588-0273

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ03

View Related Documents

Title: DoD Privacy Program

Abstract: This rule updates the established policies and assigned responsibilities of the DoD Privacy Program pursuant to The Privacy Act and Office of Management and Budget (OMB) Circular No. A-130, authorizes the Defense Privacy Board and the Defense Data Integrity Board, authorizes this rule to provide guidance on The Privacy Act, prescribes uniform procedures for implementation of and compliance with the DoD Privacy Program, and delegates authorities and responsibilities for the effective administration of the DoD Privacy Program. This rule revises DoD Privacy Program regulations. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 310 (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 08/22/2013 78 FR 52117

NPRM Comment Period End 10/21/2013

Final Action 04/00/2014

Additional Information: DoD Directive 5400.11

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Sam Jenkins Department of Defense Office of the Secretary 241 South 18th Street, Suite 101, Arlington, VA 22202 Arlington , VA 22202

Phone: 703 571-0070

E-Mail: sam.jenkins@osd.milDepartment of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ04

View Related Documents

Title: Unlawful Discrimination (On the Basis of Race, Color, National Origin, or Age in Programs or Activities Receiving Federal Financial Assistance From the DoD)

Abstract: This part is composed of several subparts, each containing its own purpose. The purpose of the overall part, in accordance with the authority in DoD Directive 5124.02, "Under Secretary of Defense for Personnel and Readiness (USD (P&R))," and DoD Directive 1020.02, "Diversity Management and Equal Opportunity (EO) in the Department of Defense," is to establish and implement policy, assign responsibilities, and provide procedures to prevent unlawful discrimination on the basis of race, color, national origin, or age in programs or activities that receive Federal financial assistance from the DoD or a DoD Component. DoD is committed to maintaining a discrimination-free workplace. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 43 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 552a; 28 USC 50.3-50.5; 42 USC 2000d-2000d-7; EO 12250; EO 12898; EO 12892; EO 13166; 42 USC 6101-6107; PL 100-259
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2014

Additional Information: DoD Instruction 1020.dd, Volumes 1 & 3

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Onika Williams Herman Department of Defense Office of the Secretary 1400 Defense Pentagon, Washington, DC 20301-1400 Washington , DC 20301-1400

Phone: 240 476-5779

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ05

View Related Documents

Title: End Use Certificates (EUCs)

Abstract: This rule establishes policies, assigns responsibilities, and prescribes procedures for signing End Use Certificates (EUCs) required by foreign governments for foreign defense items purchased by the United States. An EUC is a document signed by an authorized representative of the U.S. Government that identifies the end user of foreign products and may provide that the use or transfer of the foreign product is restricted. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule
Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 32 CFR 205 (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 04/00/2014

Additional Information: DoD Directive 2040.03Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined Agency Contact: Deborah Hubbard Department of Defense Office of the Secretary 3070 Defense Pentagon, Washington, DC 20301-3070 Washington , DC 20301-3070

Phone: 703 697-4431

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ07

View Related Documents

Title: Historical Research in the Files of the Office of the Secretary of Defense (OSD)

Abstract: This proposed rule updates and clarifies procedures regarding the use of technology, locations available for review, and accessibility to records and information in the custody of the Secretary of Defense and the OSD Components. The purpose of this rule is to provide guidance to former Cabinet level officials, former Presidential appointees (FPAs) to include their personnel, aides, and official researchers regarding access to information. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 208 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 1596b; 31 USC 1535; 50 USC
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2014

Additional Information: Administrative Instruction 50

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Mr. Ronald McCully

Records Manager, Electronic Records Management Specialist Department of Defense Office of the Secretary 4800 Mark Center Drive , 2nd Floor, East Tower, Suite 02F09-02, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-0473

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ08

View Related Documents

Title: Ratemaking Procedures for Civil Reserve Air Fleet Contracts

Abstract: Section 366 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112-81) directs the Secretary of Defense to determine a fair and reasonable rate of payment for airlift services provided to the Department of Defense by air carriers who are participants in the Civil Reserve Air Fleet Program. The Department of Defense (the Department or DoD) proposes to promulgate regulations to establish ratemaking procedures for civil reserve air fleet contracts as required by Section 366(b) in order to determine a fair and reasonable rate of payment.

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

CFR Citation: 32 CFR 243 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC ch 931 sec 9511a Legal Deadline: NoneTimetable:

Action Date FR Cite

NPRM 05/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Dwight Moore Chief, Fiscal and Administrative Law, USTRANSCOM/TCJA Department of Defense Office of the Secretary 3000 Defense Pentagon, Washington, DC 20301-3000 Washington , DC 20301-3000

Phone: 618 220-3982

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ09

View Related Documents

Title: The DoD Civilian Equal Employment Opportunity (EEO) Program

Abstract: This rule updates established policy, assigned responsibilities, and procedures for informing servicemembers and individuals who apply for uniformed service of their civilian employment and reemployment rights, benefits, and obligations.

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

CFR Citation: 32 CFR 191 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: EO 11141; EO 13145; EO 11478; EO 11375; EO 13347; EO 13187; EO 11246 Part II; EO 13548; EO 13078; EO 13163; EO 13164; PL 110-233; PL 107-174; PL 110-325; 10 USC 1561; 32 USC 709; 5 CFR 213.3102(u)
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2014

Additional Information: DoD Instruction 1020.ee

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Beatrice Bernfeld Department of Defense Office of the Secretary 4000 Defense Pentagon, Washington, DC 20301-4000 Washington , DC 20301-4000

Phone: 703 571-9336

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ10

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Title: Enhancement of Protections on Consumer Credit for Members of the Armed Forces and Their Dependents

Abstract: This advanced notice of proposed rulemaking (ANPR) involves enhancement of protections on consumer credit for members of the Armed Forces and their dependents; the provision would also require the Secretary of Defense to develop a policy on the predatory extension of credit through installment loans that target members of the Armed Forces and their dependents. This ANPR requests input on the need to revise the DoD implementing regulation. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 232 (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

ANPRM 06/17/2013 78 FR 36134

NPRM Comment Period End 08/01/2013

NPRM 06/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: Undetermined
Energy Affected: Undetermined Agency Contact: Marcus Beauregard Department of Defense Office of the Secretary 4000 Defense Pentagon, Washington, DC 20301-4000 Washington , DC 20301-4000

Phone: 571 372-5357

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ13

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Title: Eligibility Requirements for Minor Dependents to Attend DoD Domestic Dependent Elementary and Secondary Schools (DDESS)

Abstract: This rule establishes policy, assigns responsibilities, and updates the organization, membership, and functions for enrollment in arrangements operated by or entered into by the Department of Defense.

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

CFR Citation: 32 CFR 71 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 2103; 31 USC 1535
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Marsha Jacobson Department of Defense Office of the Secretary 4040 North Fairfax Drive, Arlington, VA 22203-1635 Arlington , VA 22203-1635

Phone: 571 372-1900

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ14

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

Abstract: This rule amends the DoD-DIB CS/IA Voluntary Activities regulation in response to section 941 National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 which requires the Secretary of Defense to establish procedures that require each cleared defense contractor (CDC) to report when a network or information system that meets the criteria reports cyber intrusions.

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

CFR Citation: 32 CFR 236 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: EO 12829Legal Deadline: None

Regulatory Plan:

Statement of Need: The Department of Defense (DoD) will amend the DoD-DIB CS/IA Voluntary Activities (32 CFR part 236) regulation to incorporate changes as required by section 941 NDAA for FY 2013 to include mandated cyber intrusion incident reporting by all cleared defense contractors (CDCs).

Legal Basis: This regulation is proposed under the authorities of section 941 NDAA for FY 2013.

Alternatives: DoD analyzed the requirements in section 941 NDAA for FY 2013 and determined that implementation must be accomplished through the rulemaking process. This will allow the public to comment on the implementation strategy.

Costs and Benefits: Implementing the amended rule to meet the requirements of section 941 NDAA for FY 2013 affects approximately 8,700 CDCs. Each company will require DoD approved medium assured certificates to submit the mandatory cyber incident reporting to the DoD access controlled website. The cost per certificate is $175. In addition, it is estimated that the average burden per reported incident is 7 hours which includes identifying the cyber incident details, gathering and maintaining the data needed, reviewing the collection of information to be reported, and completing the report. Note, these costs are the same as those associated with 32 CFR part 236 (DoD-DIB CS/IA Voluntary Activities), but are now applicable across a larger population of defense contractors. The benefit of this amended rule is satisfying the legal mandate from section 941 NDAA for FY 2013 as well as informing the Department of incidents that impact DoD programs and information. DoD needs to have the ability to assess the strategic and operational impacts of cyber incidents and determine appropriate mitigation

activities.

Risks: There will likely be significant public interest in DoD's implementation of section 941 NDAA for FY2013. DoD will need to assure the public that DoD will provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person that may be evident through the cyber incident reporting and media analysis.

Timetable:

Action Date FR Cite

NPRM 04/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No Agency Contact: Vicki Michetti Department of Defense Office of the Secretary 6000 Defense Pentagon, Washington, DC 20301-6000 Washington , DC 20301-6000

Phone: 703 604-3177

E-Mail: vicki.d.michetti.civ@mail.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI19

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Title: Service Academies

Abstract: The Department is revising and updating policy guidance and oversight of the military service academies. This rule implements 10 U.S.C. 403, 603, and 903 for the establishment and operation of the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy. The proposed rule was published October 18, 2007 (72 FR 59053), and included policy that has since changed. The final rule, particularly the explanation of separation policy, will reflect recent changes in the Don't Ask, Don't Tell policy.

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

CFR Citation: 32 CFR 217 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 301
Legal Deadline: None

Regulatory Plan:

Statement of Need: The Department of Defense revises and updates the current rule providing the policy guidance and oversight of the military service academies. This rule implements 10 U.S.C. 403, 603, and 903 for the establishment and operation of the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy.

Legal Basis: 10 U.S.C. chapters 403, 603, 903.Alternatives: None. The Federal statute directs the Department of Defense to develop policy, assign responsibilities, and prescribe procedures for operations and oversight of the service academies.

Costs and Benefits: Administrative costs are negligible and benefits would be clear, concise rules that enable the Secretary of Defense to ensure that the service academies are efficiently operated and meet the needs of the Armed Forces.

Risks: None.

Timetable:

Action Date FR Cite

NPRM 10/18/2007 72 FR 59053

NPRM Comment Period End 12/17/2007

Final Action 02/00/2014

Additional Information: DoD Instruction 1322.22

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Paul Nosek Department of Defense Office of the Secretary 4000 Defense Pentagon, Washington, DC 20301-4000 Washington , DC 20301-4000

Phone: 703 695-5529

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI27

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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 09/18/2012 77 FR 57486

Interim Final Rule Comment Period End 11/19/2012

Final Action 11/00/2013

Additional Information: DoD Instruction 1000.04

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: John Godley Department of Defense Office of the Secretary 4000 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 588-8108

FAX: 703 696-1352

E -Mail: john.godley@fuap.ncr.gov

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI36View Related Documents

Title: Sexual Assault Prevention and Response Program Procedures

Abstract: This rule implements policy, assigns responsibilities, provides guidance and procedures, and establishes the Sexual Assault Advisory Council for the DoD Sexual Assault Prevention and Response (SAPR) program consistent with the Task Force Report on Care for Victims of Sexual Assault, and pursuant to 10 U.S.C. 113 and 32 CFR part 103. The intent of the program is to prevent and eliminate sexual assault within the Department by providing comprehensive procedures to better establish a culture of prevention, response, and accountability that enhances the safety and well-being of all DoD members.

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

CFR Citation: 32 CFR 105 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC ch 47 sec 113 Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule implements policy, assigns responsibilities, and provides guidance and procedures for the SAPR program. It establishes the processes and procedures for the Sexual Assault Forensic Examination (SAFE) kit; the multidisciplinary Case Management Group to include guidance for the group on how to handle sexual assault; SAPR minimum program standards; SAPR training requirements; and SAPR requirements for the DoD Annual Report on Sexual Assault in the Military.

Legal Basis: Section 113 of title 10, United States Code; and Public Laws 109-364, 109-163, 108-375, 106-65, 110-417, and

111-84.

Alternatives: The Sexual Assault Prevention and Response Office (SAPRO) will lack updated and revised rules for implementing DoD policy on prevention and response to sexual assaults involving members of the U.S. Armed Forces if this rule is not implemented.

Costs and Benefits: The preliminary estimate of the anticipated cost associated with this rule for the current fiscal year (2011) is approximately $14.819 million. Additionally, each of the military services establishes its own SAPR budget for the programmatic costs arising from the implementation of the training, prevention, reporting, response, and oversight requirements established by this rule. The anticipated benefits associated with this rule include: (1) Guidance with which the Department may establish a culture free of sexual assault by providing an environment of prevention, education and training, response capability, victim support, reporting procedures, and appropriate accountability that enhances the safety and well-being of all persons covered by this rule; (2) Treatment of sexual assault patients as emergency cases, which prevents loss of life or suffering resulting from physical injuries (internal or external), sexually transmitted infections, pregnancy, and psychological distress; (3) The availability of two reporting options for servicemembers and their dependents who are 18 years of age or older covered by this rule who are victims of sexual assault. The two reporting options are as follows: (a) Unrestricted reporting allows an eligible person who is sexually assaulted to access medical treatment and counseling and request an official investigation of the allegation using existing reporting channels (e.g., chain of command, law enforcement, health care personnel, the Sexual Assault Response Coordinator [SARC]). When a sexual assault is reported through unrestricted reporting, a SARC shall be notified as soon as possible, respond, assign a SAPR Victim Advocate (VA), and offer the victim medical care and a sexual assault forensic examination (SAFE); and (b) Restricted reporting allows sexual assault victims to confidentially disclose the assault to specified individuals (i.e., SARC, SAPR VA, or health care personnel), in accordance with DoD Directive (DoDD) 5400.11, and receive medical treatment, including emergency care, counseling, and assignment of a SARC and SAPR VA, without triggering an official investigation. The victim's report to health care personnel (including the information acquired from a SAFE kit), SARCs, or SAPR VAs will not be reported to law enforcement, or to the victim's command to initiate the official investigative process, unless the victim consents or an established exception applies in accordance with DoD Instruction (DoDI) 6495.02. The Department's preference is for complete unrestricted reporting of sexual assaults to allow for the provision of victims' services and to pursue accountability. However, unrestricted reporting may represent a barrier for victims to access services, when the victim desires no command or law enforcement involvement. Consequently, the Department recognizes a fundamental need to provide a confidential disclosure vehicle via the restricted reporting option. (4) Service members who are on active duty but were victims of sexual assault prior to enlistment or commissioning are eligible to receive SAPR services and utilize either reporting option. The focus of this rule and DoDI 6495.02 is on the victim of sexual assault. The DoD shall provide support to an active duty Service member regardless of when or where the sexual assault took place; and (5) Guidance for the development of response capabilities that will enable sexual assault victims to recover, and, if servicemembers, to be fully mission capable and engaged.

Risks: The rule intends to enable military readiness by establishing a culture free of sexual assault. Sexual assault poses a serious threat to military readiness because the potential costs and consequences are extremely high: Chronic psychological consequences may include depression, post-traumatic stress disorder, and substance abuse. In the U.S. Armed Forces, sexual assault not only degrades individual resilience but also may erode unit integrity. An effective fighting force cannot tolerate sexual assault within its ranks. Sexual assault is incompatible with military culture and mission readiness, and risks to mission accomplishment. This rule aims to mitigate this risk to mission readiness.

Timetable:

Action Date FR CiteInterim Final Rule 04/11/2013 78 FR 21715

Interim Final Rule Effective 04/11/2013

Interim Final Rule Comment Period End 06/10/2013

Final Action 11/00/2013

Additional Information: DoD Instruction 6495.02

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Teresa Scalzo Department of Defense Office of the Secretary 4000 Defense Pentagon, Washington, DC 20301-1155 Washington , DC 20301-1155

Phone: 703 696-8977

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI40

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Title: Family Advocacy Command Assistance Team (FACAT)

Abstract: This part updates DoD policy and responsibilities and prescribes procedures for the implementation and use of the Family Advocacy Command Assistance Team (FACAT) in accordance with 10 U.S.C. 1794. A FACAT is a multidisciplinary team composed of specially trained and experienced individuals who are on-call to provide advice and assistance on cases of child

sexual abuse that involve DoD-sanctioned activities.

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

CFR Citation: 32 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 1794; 42 USC 13031
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/26/2013 78 FR 24694

NPRM Comment Period End 06/25/2013

Final Action 04/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Mary Campise Department of Defense Office of the Secretary 4000 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 571 372-5346

E-Mail: mary.campise@osd.mil

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

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Title: Department of Defense Personnel Security Program

Abstract: This part updates policies and responsibilities for the Department of Defense (DoD) Personnel Security Program in accordance with the provisions of current U.S. code, public laws, and executive orders. This includes investigative and adjudicative policy for determining eligibility to hold a national security position. This rule also establishes investigative and adjudicative policy for the Department's personal identity verification (PIV) credential.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule
Major: No Unfunded Mandates: NoCFR 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 04/04/2011

Final Action 01/00/2014

Additional Information: DoD Instruction 5200.02

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Stacey Jefferson Department of Defense Office of the Secretary 5000 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 604-1236

FAX: 703 604-1230

E -Mail: stacey.jefferson.ctr@osd.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI48

View Related Documents

Title: Operational Contract Support

Abstract: In accordance with Public Law 110-181 and Public Law 110-417, DoD is revising policy and assigning responsibilities for program management of operational contract support (OCS) in contingency operations and integration of DoD contractor personnel into military contingency operations outside the United States. An interim final rule is required to procedurally close gaps and ensure the correct planning, oversight, and management of DoD contractors supporting contingency operations, by updating the existing outdated policy. The existing policies are causing significant confusion, as they do not reflect current practices and legislative mandates. The apparent mismatch between local Geographic Command guidance and the DoD-wide policies and the Defense Federal Acquisition Regulations Supplement is confusing for those in the field--in particular policy with regard to accountability and visibility requirements. Since the Presidential decision to expand the number of troops in Afghanistan and the subsequent increase of troops and contractors in theater, this issue has become so significant that DoD needs to revise the DoD-wide policies as a matter of urgency.

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

CFR Citation: 32 CFR 158 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 110-181
Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule revises policy and assigns responsibilities for program management of operational contract support (OCS) in contingency operations and integration of DoD contractor personnel into military contingency operations outside the United States. GAO, the Commission on Wartime Contracting, and the Special Inspector General for Iraq Reconstruction/Afghanistan Reconstruction are among those who have highlighted the urgent requirement to update the policy.

Legal Basis: Parts of the rule are required by section 861 of the 2008 NDAA, Public Law 110-181 and Public Law 110-417.

Alternatives: Given the legal requirement to revise this regulation and separately publish a corresponding revision to the Federal Acquisition Regulation, we did not consider any alternatives.

Costs and Benefits: This regulation establishes policies and procedures for the oversight and management of contractors supporting contingency operations outside the United States; therefore, there is no cost to public. Updated and refined policy regarding contractors supporting contingency operations will result in improved management, oversight and efficiency.

Risks: This rule represents an update to the existing DoD Instruction and incorporates the latest changes in policy and procedures. This revision is required to integrate lessons learned and improvements in practices gleaned from 5 years of operational experience. The risk of not publishing this rule is that there would be outdated policy which doesn't reflect practices in the field. This will lead to inefficient and ineffective management of the contractor workforce supporting contingencyoperations.

Timetable:

Action Date FR Cite

Interim Final Rule 12/29/2011 76 FR 81807

Interim Final Rule Effective 12/29/2011

Interim Final Rule Comment Period End 02/27/2012

Final Action 03/00/2014

Additional Information: DoD Instruction 3020.41

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Kerry Powell Department of Defense Office of the Secretary 3500 Defense Pentagon, Washington, DC 20201-3500 Washington , DC 20201-3500

Phone: 703 614-1944

FAX: 703 697-4942

E -Mail: kerry.powell@osd.mil

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

View Related Documents

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

Abstract: The Department of Defense is proposing to update current policies and procedures to reflect the DoD Freedom of Information Act Program as prescribed by Executive Order 13392. The changes will ensure appropriate agency disclosure of information and offer consistency with the goals of section 552 of title 5, United States Code. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 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 02/00/2014

Additional Information: DoD Directive 5400.07

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: James Hogan Department of Defense Office of the Secretary 1155 Defense Pentagon, Washington, DC 20301-1115 Washington , DC 20301-1115

Phone: 703 696-4995

FAX: 703 696-4506

E -Mail: james.hogan@whs.mil

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

View Related DocumentsTitle: Defense Industrial Base (DIB) Cyber Security/Information Assurance (CS/IA) Activities

Abstract: In accordance with Executive Order 12829, this rule will establish policy, assign responsibilities, and delegate authority for directing the conduct of Defense Industrial Base (DIB) Cyber Security/Information Assurance (CS/IA) activities to protect unclassified DoD information that transits or resides on unclassified DIB information systems and networks.

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

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: EO 12829
Legal Deadline: None

Regulatory Plan:

Statement of Need: Adversaries target Defense Industrial Base (DIB) unclassified networks daily. Unauthorized access and compromise of DoD unclassified information poses an unacceptable risk and imminent threat to U.S. national and economic security. DoD's voluntary DIB Cyber Security and Information Assurance (CS/IA) program enhances and supplements DIB participants' capabilities to safeguard DoD information on DIB unclassified information systems.

Legal Basis: Government and private sector information assurance, which includes cyber threat information sharing, is an urgent U.S. national and economic security priority. The following authorities and policy guidance identify Government-industry partnerships as necessary to contend with advanced cyber threats and support the collection of cyber incident information from the DIB. DoD Information Assurance (IA): DoD is required by statute to establish programs and activities to protect DoD information and DoD information systems, including information and information systems operated and maintained by contractors or others in support of DoD activities. Section 2224 of title 10, U.S. Code (U.S.C.), requires DoD to establish a Defense IA program to protect and defend DoD information, information systems, and information networks that are critical to the Department during day-to-day operations and operations in times of crisis (10 U.S.C. section 2224(a)). The program must provide continuously for the availability, integrity, authentication, confidentiality, nonrepudiation, and rapid restitution of information and information systems that are essential elements of the Defense information infrastructure (10 U.S.C. section 2224(b)). The program strategy also must include vulnerability and threat assessments for Defense and supporting non-Defense information infrastructures, joint activities with elements of the national information infrastructure, and coordination with representatives of those national critical infrastructure systems that are essential to DoD operations (10 U.S.C. section 2224(c)). The program must provide for coordination, as appropriate, with the heads of any relevant federal agency and with representatives of those national critical information infrastructure systems that are essential to the operations of the Department regarding information assurance measures necessary to the protection of these systems (10 U.S.C. section 2224(d)). Federal Information Security: The Defense IA program also must ensure compliance with Federal information security requirements of the Federal Information Security Management Act (FISMA), 44 U.S.C. section 3541 et seq. FISMA requires all Federal agencies to provide information security protections for information collected or maintained by, or on behalf of, the agency. Information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency must be in accordance with 44 U.S.C. section 3544(a)(1)(A). Agencies are expressly required to develop, document, and implement programs to provide information security for information and information systems that support the operations and assets of the agency, including those provided by another agency, contractor, or other source in accordance with 44 U.S.C. section 3544(b). Critical Infrastructure Protection (CIP): Under Homeland Security Presidential Directive 7 (HSPD-7), "Critical Infrastructure Identification, Prioritization, and Protection," the Department of Defense is the Sector Specific Agency (SSA) for the Defense Industrial Base (DIB) sector (HSPD-7), (18)(g), and thus engages with the DIB on a wide range of CIP matters, including but not limited to cyber security. HSPD-7 charges the SSAs to: Collaborate with all relevant Federal departments and agencies, State and local governments, and the private sector, including with key persons and entities in their infrastructure sector; conduct or facilitate vulnerability assessments of the sector; and encourage risk management strategies to protect against and mitigate the effects of attacks against critical infrastructure and key resources (HSPD-7), (19). The Department of Homeland Security (DHS) leads the national effort to protect public and private critical infrastructure (HSPD-7), (7). This includes coordinating implementation activities between Federal agencies, state and local authorities, and the private sector. Regarding cyber security, these efforts are to include analysis, warning, information sharing, vulnerability reduction, mitigation, and aiding national recovery efforts for critical infrastructure information systems (HSPD-7), (12). More specifically, regarding coordination with the private sector, HSPD-7 provides that DHS and the SSAs "will collaborate with appropriate private sector entities and continue to encourage the development of information sharing and analysis mechanisms [to] identify, prioritize, and coordinate the protection of critical infrastructure and key resources; and to facilitate sharing of information about physical and cyber threats, vulnerabilities, incidents, potential protective measures, and best practices" (HSPD-7), (25).

Alternatives: Private sector DIB company participation in the DIB CS/IA program is completely voluntary, allowing DIB companies to elect whether to participate in the program, or to choose from any other available alternatives, based on their individual approaches to cyber security and information security. The DIB CS/IA bilateral information sharing activities are a core element of the DoD's multi-pronged approach to fulfill its information assurance responsibilities and cyber security. The program enhances and supplements DIB participants' capabilities to safeguard DoD information that resides on, or transits, DIB unclassified information systems.

Costs and Benefits: Participation in the DIB CS/IA program is voluntary and does not obligate the DIB participant to use government furnished information (GFI) in, or otherwise to implement any changes to, its information systems. Any action taken by the DIB participant based on GFI or other participation in this program is taken on the DIB participant's own volition and at the participant's own risk and expense. As a voluntary program in which the DIB participants and the Government each bear independent responsibility for their own activities, the costs to both the private sector and to the government are minimized.This voluntary participation will not create an inconsistency or otherwise interfere with any action taken or planned by another agency. We do not believe that it raises novel legal policy issues arising out of legal mandates, the President's priorities, or principles set forth in executive orders. All DIB participants must have or obtain DoD-approved, medium assurance certificates to enable encrypted unclassified information sharing between DoD and DIB participants. Cost of the DoD approved medium assurance certificates is approximately $175 for each individual identified by the DIB participant. See http://iase.disa.mil/pki/eca for more information about DoD-approved certificates. For classified information sharing, each DIB participant will have start up costs of approximately $3,000 per DIBNet-Secret terminal installed in their cleared facility(ies). An estimate of $1,000 per year is projected as sustainment costs for each classified DIBNet-Secret terminal, including associated personnel costs for maintaining software updates for each stand-alone terminal. There is an estimated annual burden for DIB participants projected at $1,367 for incident reporting. This is based on a DIB participant reporting average of five cyber incidents a year affecting DoD information, with 7 hours of labor per incident, at a cost of $39.06 per man-hour. These man-hour costs are according to the Bureau of Labor Statistics, Occupational Employment and Wages, May 2010, and depending upon the number of cyber incidents experienced and their severity, the annual burden could increase. These costs provide beneficial capabilities to enhance and supplement DIB participants' capabilities to safeguard DoD information that resides on, or transits, DIB unclassified information systems.

Risks: Cyber threats to DIB unclassified information systems represent an unacceptable risk of compromise of DoD information and pose an imminent threat to U.S. national security and economic security interests. DoD's voluntary DIB CS/IA program enhances and supplements DIB participant's capabilities to safeguard DIB information that resides on, or transits, DIB unclassified information systems.

Timetable:

Action Date FR Cite

Interim Final Rule 05/11/2012 77 FR 27615

Interim Final Rule Comment Period End 06/10/2012

Final Action 11/00/2013

Additional Information: DoD Instruction 5205.ff

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Brian Fredericks Department of Defense Office of the Secretary 1155 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 604-5522

E-Mail: brian.fredericks2@osd.mil

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

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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. The ID cards shall be issued to uniformed servicemembers, their dependents, and other eligible individuals and will be used as proof of identity and DoD affiliation. This rule is being published as an interim final rule to extend benefits to same-sex spouses of military service members and DoD civilians, at the direction of the President and the Secretary of Defense, based on the June 26, 2013 U.S. Supreme Court decision to repeal Section three of the Defense of Marriage Act. Additionally, the Department has identified family member and dependent benefits that may lawfully be provided to same-sex domestic partners of eligible DoD civilian employees and other eligible individuals and their children through modifications to DoD policies and regulations. These benefits shall be extended to same-sex domestic partners and, where applicable, children of same-sex domestic partners, once DoD civilian or other eligible individual and their same-sex domestic partner have signed the appropriate declaration attesting to the establishment of their same-sex domestic partnership.

Priority: Other Significant 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 10/05/2010Interim Final Rule 02/00/2014

Additional Information: DoD Instruction 1000.13

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Christopher Fagan Department of Defense Office of the Secretary 4040 Fairfax Drive, Suite 200, Arlington, VA 22203 Arlington , VA 22203

Phone: 703 696-0848

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

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

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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. Alternative dispute resolution is any procedure that is used to resolve issues in controversy, including, but not limited to, conciliation, facilitation, mediation, fact finding, mini-trials, arbitration, and use of ombuds, or any combination thereof. The purpose of conflict management is to reduce the incidence of disputes and increase the likelihood that disputes that do arise may be resolved efficiently, effectively, and expeditiously. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

Priority: Other Significant Agenda Stage of Rulemaking: 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 03/00/2014

Additional Information: DoD Instruction 5145.05

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Christine Kopocis Department of Defense Office of the Secretary 1160 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 696-1809

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

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Title: Mission Compatibility Evaluation Process

Abstract: The Department of Defense (DoD) is issuing this interim final rule to implement section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, Public Law 111-383. That section requires that the DoD issue procedures addressing the impacts upon military operations of certain types of structures if they pose an unacceptable risk to the national security of the United States. The structures addressed are those for which an application is required to be filed with the Secretary of Transportation under section 44718 of title 49, United States Code. Section 358 also requires the designationof a lead organization to coordinate DoD review of applications for projects filed with the Secretary of Transportation pursuant to section 44718, and received by the Department of Defense from the Secretary of Transportation. Section 358 also requires the designation of certain officials by the Secretary of Defense to perform functions pursuant to the section and this implementing rule. Section 358 also requires the establishment of a comprehensive strategy for addressing military impacts of renewable energy projects and other energy projects, with the objective of ensuring that the robust development of renewable energy sources and the expansion of the commercial electrical grid may move forward in the United States, while minimizing or mitigating any adverse impacts on military operations and readiness. Implementing that requirement, however, is not required at this time and is not part of this rule. Other aspects of section 358 not required at this time, such as annual reports to Congress, are also not addressed in this rule. Nor does this rule deal with other clearance processes not included in section 358, such as those applied by the Bureau of Land Management, Department of the Interior.

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

CFR Citation: 32 CFR 211 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 111-383, sec 358 Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule implements policy, assigns responsibilities, and prescribes procedures for the establishment and operation of a process for evaluation of proposed projects submitted to the Secretary of Transportation under section 44718 of title 49, United States Code. The evaluation process is established for the purpose of identifying any adverse impact of proposed projects on military operations and readiness, minimizing or mitigating such adverse impacts, and determining if any such projects pose an unacceptable risk to the national security of the United States. The rule also includes procedures for the operation of a central DoD siting clearinghouse to facilitate both informal and formal reviews of proposed projects.

Legal Basis: Public Law 111- 383, section 358

Alternatives: The requirement to have a rule and the policies, responsibilities, and procedures contained in the rule were prescribed by section 358 of Public Law 111-383. In the areas where DoD has discretion, e.g., the internal procedures used within DoD to comply with the law, alternative arrangements would have no impact on the net economic effects of the rule.

Costs and Benefits: The Department of Defense has long participated in the Department of Transportation review process, interacting with the Federal Aviation Administration (FAA). Prior to section 358 of Public Law 111-383, DoD's engagement was decentralized--each military service participated separately working with FAA representatives at the regional level. In addition, each service set its own standards for challenging a project application. Section 358 directed that DoD develop a single DoD point of contact for responses, established the threshold level of harm that must be reached before DoD could object to a project application on the basis of national security, and directed that DoD negotiate mitigation with project developers if potential harm is identified. The directed threshold level of harm, identified as "unacceptable risk to national security," is higher than the standard previously used. This will result in DoD objecting to fewer project applications than before, reducing the impact of DoD reviews on non-DoD economic activity. The requirement to engage in mitigation negotiations may delay some projects (which has a negative impact on non-DoD economic activity), but it may result in still fewer DoD objections (which has a positive impact on non-DoD economic activity). DoD estimates that the net effect of these factors on non-DoD economic activity will be a benefit of approximately $70 million. The higher standard for objection imposed by section 358 of Public Law 111-383 may allow projects that conflict with military activity, but do not achieve the high level of conflict required by law to object, to proceed. This may impose costs on DoD, e.g., systems testing may have to be moved to alternative test ranges, training, and readiness activities may be curtailed or moved, and changes to operations may have to be implemented to overcome interference with coastal, border, and interior homeland surveillance. The early outreach and negotiation over mitigation required by section 358 may allow modification of some projects to reduce or eliminate their conflict with military activities in cases where the absence of early outreach and negotiation would result in the project proceeding without mitigation. This would provide a benefit to DoD. The net effect of these costs and benefits on DoD has not been quantitatively estimated.

Risks: The higher standard for a DoD objection to a project and the requirement to allow early consultation by developers with DoD will reduce the risk to both developers and to industry of planning a project that is unacceptable to DoD. Per the discussion above, there is a risk to DoD that projects in conflict with military activity, but that do not achieve the high level of conflict required by law to object, will proceed and impair DoD's test and evaluation; training and readiness; and coastal, border, and interior homeland surveillance capabilities.

Timetable:

Action Date FR Cite

Interim Final Rule 10/20/2011 76 FR 65112

Interim Final Rule Effective 10/20/2011

Interim Final Rule Comment Period End 12/19/2011

Final Action 01/00/2014

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 Secretary3400 Defense Pentagon, Washington, DC 20301-3400 Washington , DC 20301-3400

Phone: 703 697-7301

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

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

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

Abstract: This interim final 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. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 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

Interim Final Rule 12/00/2013

Additional Information: DoD Manual 5220.22 volume 3

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Federalism: No
Energy Affected: No Agency Contact: Rogelio Torres Department of Defense Office of the Secretary 5000 Defense Pentagon, Washington, DC 20301-5000 Washington , DC 20301-5000

Phone: 703 695-7571

E-Mail: rogelio.torres@osd.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-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. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

Interim Final Rule 11/00/2013

Additional Information: DoD Instruction 1342.12 and DoD Manual 1342.12

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Patricia Lynn Toppings Department of Defense Office of the Secretary Washington Headquarters Service, 4800 Mark Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100 Alexandria , VA 22350-3100

Phone: 571 372-0485

FAX: 571 372-0487

E -Mail: patricia.l.toppings.civ@mail.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI78

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Title: Qualification Standards for Enlistment, Appointment, and Induction

Abstract: This part updates policies and responsibilities for basic entrance qualification standards for enlistment, appointment, and induction into the Armed Forces and delegates the authority to specify certain standards to the Secretaries of the Military Departments. It establishes the age, citizenship, education, aptitude, physical fitness, dependency status, moral character, and other disqualifying conditions that are causes for rejection from military service. Other standards may be prescribed in the event of mobilization or national emergency. This part sets standards designed to ensure that individuals under consideration for enlistment, appointment, and/or induction are able to perform military duties successfully, and to select those who are the most trainable and adaptable to Military Service life.

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

CFR Citation: 32 CFR 68 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 504 and 505; 10 USC 520; 10 USC 532; 10 USC 654; 10 USC 12102; 10 USC 12201
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/00/2014

Additional Information: DoD Instruction 1304.26

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Dennis Drogo Department of Defense Office of the Secretary 4000 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 697-9268

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI79

View Related DocumentsTitle: Domestic Abuse Involving DoD Military and Certain Affiliated Personnel

Abstract: This part establishes, implements, and updates domestic abuse policies; identifies and assigns responsibilities for preventing and responding to domestic abuse. It provides guidance for implementing a coordinated community response involving multiple offices and agencies at military installations working in coordination with the surrounding civilian community.

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

CFR Citation: 32 CFR 109 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 1562; PL 103-337 Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 04/00/2014

Additional Information: DoD Instruction 6400.06

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Katherine Robertson Department of Defense Office of the Secretary 4000 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 571 372-5350

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI81

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Title: Child Development Programs (CDPs)

Abstract: This interim final rule revises 32 CFR part 79 to: (a) update policy, responsibilities, and procedures for providing care to minor children birth through age 12 of individuals eligible for care in DoD Child Development Programs (CDPs) to include center-based care, family child care (FCC), school-age care (SAC), supplemental child care, and community based care; (b) authorize the publication of supporting guidance for the implementation of CDP policies and responsibilities, including child development training modules, program aids, and other management tools; and (c) establish the DoD Effectiveness Rating and Improvement System (ERIS). This rule is being published as an interim final rule to extend child care benefits to same-sex spouses of military service members and DoD civilian employees.

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

CFR Citation: 32 CFR 79 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 10 USC 1783, 10 USC 1791 through 1800, 10 USC 2809, and USC 2812
Legal Deadline: None

Regulatory Plan:

Statement of Need: This interim final rule revises 32 CFR part 79 to update policy, responsibilities, and procedures for providing care to minor children birth through age 12 of individuals eligible for care in DoD CDPs to include center-based care, family child care (FCC), school-age care (SAC), supplemental child care, and community based care

Legal Basis: This rule is proposed under the authorities of sections 1783, 1791 through 1800, 2809 and 2812 of title 10, United States Code (U.S.C.).

Alternatives: Without this rule, the Department of Defense's Child Development Programs (CDPs) would be operating according to guidance that is 20 years old and does not take into account necessary critical procedures and policies to ensure that children within DoD CDPs are cared for in a safe and developmentally appropriate setting.

Costs and Benefits: The preliminary estimate of the anticipated cost associated with this rule for the fiscal year is approximately $980,000.00. This estimated cost is for the operation of the entire DoD CDP and includes funding from the DoD (from the Office of the Secretary of Defense as well as the military services) and fees paid by parents. These funds provide care to more than 200,000 children and youth in a variety of settings to include child development centers, family child care homes, school age care programs, and community based care. The operation of these programs is a key workforce issue for military members and families. The anticipated benefits associated with this rule include: (1) The streamlining and consolidating of twooutdated instructions into a single instruction providing policy for the DoD CDP. (2) Guidance and procedures which will provide a safe and secure environment for military children to grow. (3) Establishment of a more standardized approach to each military services CDP, still allowing for the variances dictated by the unique mission of specific branches and installations. (4) Clarification of the benefits provided to military members with same sex spouses.

Risks: The degree of risk to the public is minimal. There are no anticipated negative effects of the rule on any entity.

Timetable:

Action Date FR Cite

Interim Final Rule 02/00/2014

Additional Information: DoD Instruction 6060.02

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Eddy Mentzer Department of Defense Office of the Secretary 4800 Mark Center Drive, Suite 03G15, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-0857

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI87

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Title: Defense Logistics Agency Freedom of Information Act Program

Abstract: The Defense Logistics Agency (DLA) proposes to revise and update its existing rule implementing 32 CFR part 286, Department of Defense Freedom of Information Act Program. This rule implements changes to conform to the requirements of the Electronic Freedom of Information Act Amendments of 1996, Public Law 104-231, and the OPEN Government Act of 2007, Public Law 110–175. In addition, part 1285 will be redesignated as part 300. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 300 (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 10/15/2012 77 FR 62469

NPRM Comment Period End 12/14/2012

Final Action 06/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Deborah Teer Department of Defense Office of the Secretary 3000 Defense Pentagon, Washington, DC 20301 Washington , DC 20301

Phone: 703 767-5247

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI92

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Title: Inspector General; Privacy Act; Implementation

Abstract: This direct final rule makes nonsubstantive changes to the Office of Inspector General (OIG) Privacy Program rule.The OIG is amending its regulation on the OIG Privacy Program to update the system name for the exemption for system identifier CIG 23. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563.

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

CFR Citation: 32 CFR 312 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 93-579; 5 USC 552a
Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule 07/00/2014

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, 4800 Mark Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100 Alexandria , VA 22350-3100

Phone: 571 372-0485

FAX: 571 372-0487

E -Mail: patricia.l.toppings.civ@mail.mil

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI95

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Title: DoD Personnel Security Program (PSP): Investigations for National Security Positions and Duties

Abstract: This interim final rule prescribes procedures for investigations of individuals seeking to hold national security positions or perform national security duties who are required to complete Standard Form (SF) 86, "Questionnaire for National Security Positions," for the personnel security investigations (PSIs). This rule does not provide investigative instructions for individuals in nonsensitive or public trust positions. An interim final rule is required to update DoD's procedures pertaining to requests for background investigations in support of national security eligibility determinations. The existing regulation is now over 26 years old and procedures that have evolved since need to be incorporated into new manuals. Issuance of these procedures ensures that DoD components carry out their responsibilities for the DoD Personnel Security Program consistently, efficiently, and fairly. DoD Manual 5200.02, Volume 1 replaces select paragraphs of the DoD 5200.02-R, "Personnel Security Program," dated January 1987, that pertain to investigative requirements. Volume 1 updates responsibilities and procedures for requests for investigations required for national security eligibility determinations and incorporates many requirements established and implemented through Executive Branch and DoD memoranda issued from 1987 to present. Procedures have also been updated to reflect changes in national level policy and advances in information technology used in the DoD Personnel Security Program.

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

CFR Citation: 32 CFR 154 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: EO 12333; PL 108 -458; 50 USC ch 23, subch III; EO 12968; EO 10450; 50 USC ch 15; PL 96-456; EO 13467; EO 13526; EO 12829
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 05/00/2014

Additional Information: DoD Manual 5200.02, Volume 1

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Dr. Kelly Buck Department of Defense Office of the Secretary 1400 Defense Pentagon, Washington, DC 20301-1400 Washington , DC 20301-1400Phone: 703 604-1130

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI96

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Title: National Guard Bureau Privacy Program

Abstract: This rule establishes policies and procedures for the National Guard Bureau (NGB) Privacy Program. The NGB is a joint activity of the Department of Defense (DoD). This rule will cover the privacy policies and procedures associated with records created and under the control of the Chief, NGB, that are not otherwise covered by existing DoD, Air Force, or Army

rules.

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

CFR Citation: 32 CFR 329 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: PL 93-579; 5 USC 552a
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/24/2013 78 FR 24124

NPRM Comment Period End 06/24/2013

Final Action 03/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Jennifer Nikolaisen Department of Defense Office of the Secretary 1400 Defense Pentagon, Washington, DC 20301-1400 Washington , DC 20301-1400

Phone: 571 256-7838

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI97

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Title: DoD Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC)

Abstract: This part establishes policy, assigns responsibilities, and prescribes procedures for the DoD investigative and adjudicative guidance for issuing the Common Access Card (CAC). The CAC serves as the DoD personal identity verification (PIV) credential.

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: 15 USC 278g- 3; 40 USC 11331; EO 13467; EO 13488; EO 12968; PL 82-414
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Dr. Kelly Buck Department of Defense Office of the Secretary 1400 Defense Pentagon, Washington, DC 20301-1400 Washington , DC 20301-1400

Phone: 703 604-1130Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AI99

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Title: Transitional Compensation (TC) for Abused Dependents

Abstract: This rule establishes policy, assigns responsibilities, and prescribes procedures governing the administration of transitional compensation (TC) for abused dependents. Dependent abuse is conduct by a servicemember on active duty for a period of more than 30 days that involves abuse of the spouse or a dependent child of the member. This conduct must be a criminal offense as defined in sections 10 U.S.C. 801-940 or other criminal code applicable to the jurisdiction where the act of

abuse is committed.

Priority: Substantive, Nonsignificant 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: 10 USC 1059
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2014

Additional Information: DoD Instruction 1342.24

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No
Energy Affected: No Agency Contact: Paul Kopecki Department of Defense Office of the Secretary 4000 Defense Pentagon, Washington, DC 20301-4000 Washington , DC 20301-4000

Phone: 703 693-1068

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ06

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Title: Voluntary Education Programs

Abstract: In this proposed rule, the Department of Defense (DoD) discusses new policy, responsibilities, and procedures for the operation of voluntary education programs within DoD. The new policies discussed in the rule include the following: All educational institutions providing education programs through the DoD Tuition Assistance (TA) Program will provide meaningful information to students about the financial cost and attendance at an institution so military students can make informed decisions on where to attend school; not use unfair, deceptive, and abusive recruiting practices; and provide academic and student support services to servicemembers and their families. New criteria are created to strengthen existing procedures for access to military installations by educational institutions. An annual review and notification process is required if there are changes made to the uniform semester-hour (or equivalent) TA caps and annual TA ceilings. Military Departments will be required to provide their servicemembers with a joint services transcript (JST). The DoD Postsecondary Education Complaint System is implemented for servicemembers, spouses, and adult family members to register student complaints. The Military Departments are authorized to establish service-specific TA eligibility criteria and management controls.

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; EO 13607
Legal Deadline: None

Regulatory Plan:

Statement of Need: The Department of Defense (DoD) proposed rule identifies programs that provide active duty Service members with quality educational opportunities to enhance their academic achievement which in turn improves job performance and promotion potential. The overall outcome goal of these programs is to ensure the DoD has the best educated and best military force possible. In the proposed rule, DoD implements policy, assigns responsibilities, and prescribes procedures for theoperation of voluntary education programs within DoD.

Legal Basis: This regulation is proposed under the authorities of sections 2007 and 2005 of title 10, United States Code

Alternatives: No alternatives are possible.

Costs and Benefits: Costs are controlled through limitations emplaced in the DoD Uniform Tuition Assistance policy with course and yearly caps. Subject to appropriations, each servicemember pays no more than $250.00 per semester-unit for tuition and fees combined. Each servicemember participating in off-duty, voluntary education is eligible for up to $4,500.00, in aggregate, for each fiscal year. This limitation allows all servicemembers that voluntarily participate to continue their education. Voluntary education programs include: High School Completion/Diploma; Military Tuition Assistance (TA); Postsecondary Degree Programs; Independent Study and Distance Learning Programs; College Credit Examination Program; Academic Skills Program; and Certification/Licensure Programs. Funding for voluntary education programs during 2012 was $660.5 million, which included tuition assistance and operational costs. This funding provided approximately 539,000 individuals (servicemembers and their adult family members) the opportunity to participate in voluntary education programs around the world. Voluntary education programs have a positive effect on our servicemembers and their adult family members, providing ways to advance their personal education, career aspirations, and prepare them for future vocational pursuits. Additionally, partnerships with educational institutions also have a positive effect on the global economy. The services have worked with approximately 3,500 colleges and universities worldwide (both regionally and nationally accredited by an accrediting body recognized by the U.S. Department of Education) in reference to TA.

Risks: There are no risks.

Timetable:

Action Date FR Cite

NPRM 08/14/2013 78 FR 49382

Correction 08/21/2013 78 FR 51678

NPRM Comment Period End 09/30/2013

Final Action 02/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No
Energy Affected: No Agency Contact: Carolyn Baker Department of Defense Office of the Secretary 4800 Mark Center Drive, Alexandria, VA 22350 Alexandria , VA 22350

Phone: 571 372-5355

Department of Defense (DOD) Office of the Secretary ( OS ) RIN: 0790-AJ11

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Title: Defense Materiel Disposition

Abstract: This part prescribes uniform procedures for the disposition of DoD personal property, establishes the sequence of processes for disposition of personal property of the DoD components, implements the statutory authority and regulations under which DoD personal property disposal takes place, as well as the scope and applicability for the program, defines the responsibilities of personnel and agencies involved in the Defense Materiel Disposition Program, provides procedures for disposal of excess property and scrap, provides procedures for property donations, loans, and exchanges.

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

CFR Citation: 32 CFR 273 (To search for a specific CFR, visit the Code of Federal Regulations )
Legal Authority: 5 USC 552a; 15 USC 3701(i); 20 USC 1681; 22 USC 2151; 22 USC 2778; 22 USC 6581; 29 USC 701; 40 USC 101; 40 USC 549; 40 USC 701; 42 USC 2000a; 42 USC 3015; 42 USC 3020; 42 USC 5121-5207; 42 USC 6101; 49 USC 47102; 50 USC 2093; EO 12549; EO 12689
Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2014

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: NoEnergy Affected: No Agency Contact: Randy Kendrick Department of Defense Office of the Secretary 3000 Defense Pentagon, Washington, DC 20301-3000 Washington , DC 20301-3000

Phone: 571 372-5202

E-Mail: randal.s.kendrick.civ@mail.mil