[Federal Register: September 1, 2005 (Volume 70, Number 169)]
[Rules and Regulations]               
[Page 52032-52034]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se05-17]                         

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DEPARTMENT OF DEFENSE

48 CFR Parts 237 and 252

[DFARS Case 2005-D007]

 
Defense Federal Acquisition Regulation Supplement; Training for 
Contractor Personnel Interacting With Detainees

AGENCY: Department of Defense (DoD).

[[Page 52033]]


ACTION: Interim rule with request for comments.

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SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 1092 of 
the National Defense Authorization Act for Fiscal Year 2005. Section 
1092 requires that DoD contractor personnel who interact with detainees 
receive training regarding the applicable international obligations and 
laws of the United States.

DATES: Effective date: September 1, 2005.
    Comment date: Comments on the interim rule should be submitted to 
the address shown below on or before October 31, 2005, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2005-D007, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments.
     Defense Acquisition Regulations Web Site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm.
 Follow the instructions for 

submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2005-D007 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Amy Williams, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf
.


FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.

SUPPLEMENTARY INFORMATION: 

A. Background

    This interim rule adds policy at DFARS 237.171 and a contract 
clause at DFARS 252.237-7019, Training for Contractor Personnel 
Interacting with Detainees, to implement Section 1092 of the National 
Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375). 
Section 1092 requires DoD to prescribe policies to ensure that members 
of the Armed Forces, and all persons acting on behalf of the Armed 
Forces or within facilities of the Armed Forces, treat persons detained 
by the U.S. Government in a humane manner consistent with the 
international obligations and laws of the United States. These policies 
must include requirements for training of DoD contractor personnel 
interacting with detainees.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the 
Government will provide the training required by the rule. DoD invites 
comments from small businesses and other interested parties. DoD also 
will consider comments from small entities concerning the affected 
DFARS subpart in accordance with 5 U.S.C. 610. Such comments should be 
submitted separately and should cite DFARS Case 2005-D007.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not contain any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements Section 1092 of the National Defense 
Authorization Act for Fiscal Year 2005 (Pub. L. 108-375), enacted on 
October 28, 2004. Section 1092 requires that DoD contractor personnel 
who interact with detainees receive appropriate training. Such training 
is needed to ensure that all persons acting on behalf of the Armed 
Forces treat persons detained by the U.S. Government in a humane manner 
consistent with the international obligations and laws of the United 
States. Comments received in response to this interim rule will be 
considered in the formation of the final rule.

List of Subjects in 48 CFR Parts 237 and 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR Parts 237 and 252 are amended as follows:
0
1. The authority citation for 48 CFR Parts 237 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 237--SERVICE CONTRACTING

0
2. Sections 237.171 through 237.171-4 are added to read as follows:


237.171  Training for contractor personnel interacting with detainees.


237.171-1  Scope.

    This section prescribes policies to prevent the abuse of detainees, 
as required by Section 1092 of the National Defense Authorization Act 
for Fiscal Year 2005 (Pub. L. 108-375).


237.171-2  Definition.

    Detainee, as used in this section, is defined in the clause at 
252.237-7019, Training for Contractor Personnel Interacting with 
Detainees.


237.171-3  Policy.

    (a) Each DoD contract in which contractor personnel, in the course 
of their duties, interact with individuals detained by DoD on behalf of 
the U.S. Government shall include a requirement that such contractor 
personnel--
    (1) Receive training regarding the international obligations and 
laws of the United States applicable to the detention of personnel; and
    (2) Acknowledge receipt of the training.
    (b) The combatant commander responsible for the area where the 
detention or interrogation facility is located will provide the 
training to contractor personnel. For information on combatant 
commander geographic areas of responsibility and point of contact 
information for each command, see PGI 237.171-3(b).
    (c) See PGI 237.171-3(c) for additional guidance from the Secretary 
of Defense on implementation of Section 1092 of Public Law 108-375.


237.171-4  Contract clause.

    Use the clause at 252.237-7019, Training for Contractor Personnel 
Interacting with Detainees, in solicitations and contracts for the 
acquisition of services if--
    (a) The clause at 252.225-7040, Contractor Personnel Supporting a 
Force Deployed Outside the United States, is included in the 
solicitation or contract; or
    (b) The services will be performed at a facility holding detainees, 
and contractor personnel in the course of their duties may be expected 
to interact with the detainees.

[[Page 52034]]

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(SEPT 2005)''; and
0
b. In paragraphs (b) and (c), by adding, in numerical order, new 
entries to read as follows:


252.212-7001  Contract terms and conditions required to implement 
statutes or Executive orders applicable to Defense acquisitions of 
commercial items.

* * * * *
    (b) * * *

----252.237-7019 Training for Contractor Personnel Interacting with 
Detainees (AUG 2005) (Section 1092 of Pub. L. 108-375).
* * * * *
    (c) * * *
----252.237-7019 Training for Contractor Personnel Interacting with 
Detainees (AUG 2005) (Section 1092 of Pub. L. 108-375).
* * * * *

0
4. Section 252.237-7019 is added to read as follows:


252.237-7019  Training for Contractor Personnel Interacting with 
Detainees.

    As prescribed in 237.171-4, use the following clause:

Training for Contractor Personnel Interacting With Detainees (SEPT 
2005)

    (a) Definitions. As used in this clause--
    Combatant Commander means the commander of a unified or 
specified combatant command established in accordance with 10 U.S.C. 
161.
    Detainee means a person in the custody or under the physical 
control of the Department of Defense on behalf of the United States 
Government as a result of armed conflict or other military operation 
by United States armed forces.
    Personnel interacting with detainees means personnel who, in the 
course of their duties, are expected to interact with detainees.
    (b) Training requirement. This clause implements Section 1092 of 
the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 
108-375).
    (1) The Combatant Commander responsible for the area where a 
detention or interrogation facility is located will provide training 
for contractor personnel interacting with detainees. The training 
will address the international obligations and laws of the United 
States applicable to the detention of personnel, including the 
Geneva Conventions. The Combatant Commander will issue a training 
receipt document to personnel who have completed the training.
    (2)(i) The Contractor shall arrange for its personnel 
interacting with detainees to--
    (A) Receive the training specified in paragraph (b)(1) of this 
clause prior to interacting with detainees and annually thereafter; 
and
    (B) Acknowledge receipt of the training through acknowledgment 
of the training receipt document specified in paragraph (b)(1) of 
this clause.
    (ii) To make these arrangements, the following points of contact 
apply:

[Contracting Officer to insert applicable point of contact 
information cited in PGI 237.171-3(b).]

    (3) The Contractor and its personnel interacting with detainees 
shall retain a copy of the training receipt document(s) issued and 
acknowledged in accordance with paragraphs (b)(1) and (2) of this 
clause until the contract is closed.
    (c) Subcontracts. The Contractor shall include the substance of 
this clause, including this paragraph (c), in all subcontracts that 
may require contractor personnel to interact with detainees in the 
course of their duties.

    (End of clause)
[FR Doc. 05-17347 Filed 8-31-05; 8:45 am]

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