[Federal Register Volume 70, Number 169 (Thursday, September 1, 2005)]
[Rules and Regulations]
[Pages 52032-52034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17347]
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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: [email protected]. 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.
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Therefore, 48 CFR Parts 237 and 252 are amended as follows:
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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
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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:
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a. By revising the clause date to read ``(SEPT 2005)''; and
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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).
* * * * *
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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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