[Federal Register: November 30, 2010 (Volume 75, Number 229)]
[Proposed Rules]
[Page 73997]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no10-28]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
Defense Federal Acquisition Regulation Supplement; Definition of
Sexual Assault (DFARS Case 2010-D023)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS), regarding Contractor Personnel
Authorized to Accompany U.S. Armed Forces Deployed Outside the United
States, to ensure contractor employees are aware of the DoD definition
of ``sexual assault'' as defined in DoD Directive 6495.01, Sexual
Assault Prevention and Response (SAPR) Program. In addition to ensuring
an awareness of the definition, the proposed change will inform
contractors that, for contractor employees accompanying U.S. Armed
Forces, such offenses are covered under the Uniform Code of Military
Justice.
DATES: Comments on this proposed rule should be submitted in writing to
the address shown below on or before January 31, 2011, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2010-D023,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2010-D023 in the
subject line of the message.
Fax: 703-602-0350.
Mail: Defense Acquisition Regulations System, Attn: Mr.
Julian E. Thrash, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change
to http://www.regulations.gov, including any personal information
provided.
To confirm receipt of your comment(s), please check http:/
/www.regulations.gov approximately two to three days after submission
to verify posting (except allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Julian E. Thrash, 703-602-0310.
SUPPLEMENTARY INFORMATION:
I. Background
DoD Inspector General audit D-2010-052, entitled ``Efforts to
Prevent Sexual Assault/Harassment Involving DoD Contractors During
Contingency Operations,'' dated April 16, 2010, provided
recommendations for the Under Secretary of Defense for Acquisition,
Technology, and Logistics to develop requirements in all DoD contracts
supporting contingency operations to ensure contractor employees
accompanying U.S. Armed Forces are aware of the definition of ``sexual
assault,'' as defined in DoD Directive 6495.01, Sexual Assault
Prevention and Response (SAPR) Program (http://www.dtic.mil/whs/
directives/corres/pdf/649501p.pdf.)
This proposed change will add a new item for compliance with laws
and regulations at DFARS 252.225-7040(d)(3). This change would require
that contractor employees accompanying U.S. Armed Forces are aware of
the DoD definition of ``sexual assault'' as defined in DoD Directive
6495.01, Sexual Assault Prevention and Response Program. It would also
inform contractor employees accompanying U.S. Armed Forces, that such
offenses are covered under the Uniform Code of Military Justice, Title
10, Chapter 47 (http://www.constitution.org/mil/ucmj19970615.htm).
II. Executive Order 12866
This is a significant regulatory action and therefore was subject
to review under section 6(b) of Executive Order 12866, Regulatory
Planning and Review, dated September 20, 1993. This is not a major rule
under 5 U.S.C. 804.
III. 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 rule
does not impose any additional requirements on small businesses. DFARS
252.225-7040(e)(2)(iv) already informs contractors that contractor
personnel authorized to accompany U.S. Armed Forces in the field are
subject to the jurisdiction of the Uniform Code of Military Justice.
This proposed change clarifies that sexual assault is an offense
covered under the Uniform Code of Military Justice. Therefore, DoD has
not performed an Initial Regulatory Flexibility Analysis.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS case 2010-D023) in
correspondence.
IV. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 252
Government procurement.
Clare M. Zebrowski,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR part 252 as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
2. Amend section 252.225-7040 by adding paragraph (d)(3), to read
as follows:
252.225-7040 Contractor Personnel Authorized to Accompany U.S. Armed
Forces Deployed Outside the United States.
* * * * *
(d) * * *
(3) The Contractor shall ensure contractor employees accompanying
U.S. Armed Forces are aware of the DoD definition of ``sexual assault''
in DoDD 6495.01, Sexual Assault Prevention and Response Program, at
http://www.dtic.mil/whs/directives/corres/pdf/649501p.pdf, and advise
them that such offenses are covered under the Uniform Code of Military
Justice (see paragraph (e)(2)(iv) of this clause).
* * * * *
[FR Doc. 2010-30090 Filed 11-29-10; 8:45 am]
BILLING CODE 5001-08-P