[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72572-72573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28867]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 158

[Docket ID: DOD-2009-OS-0029]
RIN 0790-AI48


Operational Contract Support

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: This rule establishes policy, assigns responsibilities, and 
provides procedures for operational contract support (OCS), including 
OCS program management, contract support integration, and integration 
of defense contractor personnel into contingency operations outside the 
United States. This rule was published as an interim final rule on 
December 29, 2011, 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contingency operations, by updating the existing outdated policy.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 
then existing policies were causing significant confusion, as they did 
not reflect current practices and legislative mandates. The 
inconsistencies between local Geographic Command guidance and the DoD-
wide policies and the Defense Federal Acquisition Regulations 
Supplement were confusing for those in the field--in particular, with 
regard to policy on accountability and visibility requirements.

DATES: This rule is effective January 2, 2014.

FOR FURTHER INFORMATION CONTACT: Shanna Poole, Director, Operational 
Contract Support Policy, Office of the Deputy Assistance Secretary of 
Defense (Program Support), (703) 692-3032.

SUPPLEMENTARY INFORMATION:

Executive Summary

I. Purpose and Authority of the Regulatory Action

    a. Purpose: This rule incorporates the latest changes and lessons 
learned into policy and procedures for OCS,

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including OCS program management, contract support integration, and the 
integration of DoD contractor personnel into contingency operations 
outside the United States. It was required to procedurally close gaps 
and ensure the correct planning, oversight and management of DoD 
contractors supporting contingency operations, by updating outdated 
policy.
    b. Authority: Public Law 110-181; Public Law 110-417.

II. Summary of the Major Provisions of the Regulatory Action

    The revised policies include:
    (1) Incorporation of lessons learned from current operations;
    (2) requirements for the development of contractor oversight plans;
    (3) requirements for adequate military personnel necessary to 
execute contract oversight; and,
    (4) standards of medical care for deployed contractors.

III. Cost and Benefits

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

Public Comments

    On December 29, 2011 (76 FR 81807), the Department published an 
interim final rule and public comments were solicited. At the end of 
the comment period, we received comments from two respondents. Neither 
comment questioned the content of the rule. One commented in part that 
``I am happy that your rules would treat contractors with the same 
respect as other military personnel who are serving in our country's 
military'' and the other stated ``I agree that this is a necessary rule 
especially facing our country's current war status.'' Based on these 
comments, no changes were necessary to the rule itself.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    It has been certified that 32 CFR part 158 does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
these Executive Orders.

Section 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that 32 CFR part 158 does not contain a 
Federal mandate that may result in expenditure by State, local and 
tribal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that 32 CFR part 158 is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that 32 CFR part 158 does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995. 
These reporting requirements have been approved by OMB under OMB 
Control Number 0704-0460, Synchronized Predeployment and Operational 
Tracker (SPOT) System.

Executive Order 13132, ``Federalism''

    It has been certified that 32 CFR part 158 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of Government.

List of Subjects in 32 CFR Part 158

    Armed forces, Government contracts, Health and safety, Military 
personnel, National defense, Passports and visas, Recordkeeping, 
Security measures.

    For reasons discussed in the preamble, the Department of Defense 
adopts the interim final rule which was published December 29, 2011 (76 
FR 81807), as final without change.

    Dated: November 18, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2013-28867 Filed 12-2-13; 8:45 am]
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