Private Security Contractors (PSCs) Operating in Contingency Operations, 34690-34694 [E9-17059]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Rules and Regulations]
[Pages 34690-34694]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17059]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 159

[DOD-2008-OS-0125/RIN 0790-AI38]


Private Security Contractors (PSCs) Operating in Contingency 
Operations

AGENCY: Office of the Under Secretary of Defense for Acquisition, 
Technology, and Logistics, DoD.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: This part establishes policy, assigns responsibilities and 
provides procedures for the regulation of the selection, 
accountability, training, equipping, and conduct of personnel 
performing private security functions under a covered contract during 
contingency operations. It also assigns responsibilities and 
establishes procedures for incident reporting, use of and 
accountability for equipment, rules for the use of force, and a process 
for administrative action or the removal, as appropriate, of PSCs and 
PSC personnel. For the Department of Defense, this IFR supplements DoD 
Instruction 3020.41, ``Contractor Personnel Authorized to Accompany the 
U.S. Armed Forces,'' which provides guidance for all DoD contractors 
operating in contingency operations.
    This part is of critical importance. It is being published as an 
Interim Final Rule because there is insufficient policy and guidance 
regulating the actions of DoD and other governmental PSCs and their 
movements in the operational area. It will procedurally close existing 
gaps in the oversight of Private Security Contractors (PSCs), ensure 
compliance with laws and regulations pertaining to Inherently 
Governmental functions, and ensure proper performance by armed 
contractors. The expansion of troops in Afghanistan will result in a 
corresponding increase in the number of PSCs performing in that Area of 
Operations. This part is required to ensure implementation of necessary 
guidance for all U.S.G. PSCs across the CENTCOM area of responsibility. 
Further, the publication of this IFR is required to meet the mandate of 
Section 862 of the 2008 National Defense Authorization Act. The 
Congress has expressed continuing concern that

[[Page 34691]]

regulations for the oversight of PSCs are not yet in place.

DATES: This rule is effective July 17, 2009. Comments must be received 
by August 31, 2009.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at https://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Jeffrey Taylor, (703) 692-3032.

SUPPLEMENTARY INFORMATION: This Interim Final Rule is required to meet 
the mandate of Section 862 of the FY 2008 National Defense 
Authorization Act. Section 862 of the 2008 NDAA lays out two 
requirements:
    (i) That the Secretary of Defense, in coordination with the 
Secretary of State shall prescribe regulations on the selection, 
training, equipping, and conduct of personnel performing private 
security functions under a covered contract in an area of combat 
operations; and
    (ii) That the FAR shall be revised to require the insertion into 
each covered contract of a contract clause addressing the selection, 
training, equipping, and conduct of personnel performing private 
security functions under such contract.
    This Interim Final Rule meets requirement (i). There will be a 
separate and subsequent Federal Register action to meet requirement 
(ii) to update the FAR.

Executive Order 12866, ``Regulatory Planning and Review''

    It has been certified that 32 CFR part 159 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 
this Executive Order.

Public Law 104-121, ``Congressional Review Act'' (5 U.S.C. 801)

    It has been determined that 32 CFR part 159 is not a ``major'' rule 
under 5 U.S.C. 801, enacted by Public Law 104-121, because it will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices for consumers, individual industries, 
Federal, State, or local government agencies, or geographic regions; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that 32 CFR part 159 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 159 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. This rule will apply only to a specific sector of 
defense industry and a limited 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 159 does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995. 
These requirements have been approved by OMB and assigned OMB Control 
Numbers 0704-0460, ``Synchronized Predeployment and Operational Tracker 
(SPOT) System'' and 0704-0461, ``Qualification to Possess Firearms or 
Ammunition.''

Executive Order 13132, ``Federalism''

    It has been certified that 32 CFR part 159 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 159

    Contracts, Security measures.


0
Accordingly 32 CFR Part 159 is added to read as follows:

PART 159--PRIVATE SECURITY CONTRACTORS OPERATING IN CONTINGENCY 
OPERATIONS

Sec.
159.1 Purpose.
159.2 Applicability and scope.
159.3 Definitions.
159.4 Policy.
159.5 Responsibilities.
159.6 Procedures.

    Authority:  Public Law 110-181; Pub. L. 110-417.


Sec.  159.1.   Purpose.

    This part establishes policy, assigns responsibilities and provides 
procedures for the regulation of the selection, accountability, 
training, equipping, and conduct of personnel performing private 
security functions under a covered contract. It also assigns 
responsibilities and establishes procedures for incident reporting, use 
of and accountability for equipment, rules for the use of force, and a 
process for administrative action or the removal, as appropriate, of 
PSCs and PSC personnel.


Sec.  159.2.   Applicability and scope.

    This part:
    (a) Applies to:
    (1) The Office of the Secretary of Defense, the Military 
Departments, the Office of the Chairman of the Joint Chiefs of Staff 
and the Joint Staff, the Combatant Commands, the Office of the 
Inspector General of the Department of Defense, the Defense Agencies, 
the DoD Field Activities, and all other organizational entities in the 
Department of Defense (hereafter referred to as the ``DoD 
Components'').
    (2) The Department of State and other U.S. Federal agencies insofar 
as it implements the requirements of section 862 of Public Law 110-181. 
Specifically, in areas of operations which require enhanced 
coordination of PSC and PSC personnel working for U.S. Government 
(U.S.G.) agencies, the Secretary of Defense may designate such areas as 
areas of combat operations for the limited purposes of this part. In 
such an instance, the standards

[[Page 34692]]

established in accordance with this part would, in coordination with 
the Secretary of State, expand from covering only DoD PSCs and PSC 
personnel to cover all U.S.G.-funded PSCs and PSC personnel operating 
in the designated area.
    (b) Prescribes policies applicable to all:
    (1) DoD PSCs and PSC personnel performing private security 
functions during contingency operations outside the United States.
    (2) USG-funded PSCs and PSC personnel performing private security 
functions in an area of combat operations, as designated by the 
Secretary of Defense.


Sec.  159.3.   Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purpose of this part.
    Area of combat operations. An area of operations designated as such 
by the Secretary of Defense for the purpose of this part, when enhanced 
coordination of PSCs working for U.S.G. agencies is required.
    Contingency operation. A military operation that is either 
designated by the Secretary of Defense as a contingency operation or 
becomes a contingency operation as a matter of law (10 U.S.C. 
101(a)(13)). It is a military operation that: a. Is designated by the 
Secretary of Defense as an operation in which members of the Armed 
Forces are or may become involved in military actions, operations, or 
hostilities against an enemy of the United States or against an 
opposing force; or b. Is created by definition of law. Under 10 U.S.C. 
101(a)(13)(B), a contingency operation exists if a military operation 
results in the (1) call-up to (or retention on) active duty of members 
of the uniformed Services under certain enumerated statutes (10 U.S.C. 
688, 12301(a), 12302, 12304, 12305, 12406, or 331-335); and (2) the 
call-up to (or retention on) active duty of members of the uniformed 
Services under any other (non-enumerated) provision of law during war 
or national emergency declared by the President or Congress. These may 
include humanitarian or peacekeeping operations or other military 
operations or exercises.
    Contractor. The contractor, subcontractor, grantee, or other party 
carrying out the covered contract.
    Covered contract. A DoD contract for performance of services in an 
area of contingency operations or a contract of a non-DoD Federal 
agency for performance of services in an area of combat operations, as 
designated by the Secretary of Defense;
    A subcontract at any tier under such a contract; or
    A task order or delivery order issued under such a contract or 
subcontract.
    Also includes contracts or subcontracts funded under grants and 
sub-grants by a Federal agency for performance in an area of combat 
operations as designated by the Secretary of Defense. Excludes 
temporary arrangements entered into by non-DoD contractors or grantees 
for the performance of private security functions by individual 
indigenous personnel not affiliated with a local or expatriate security 
company. Such arrangements must still be in compliance with local law.
    Private security functions. Activities engaged in by a contractor 
under a covered contract as follows:
    (1) Guarding of personnel, facilities, designated sites, or 
property of a Federal agency, the contractor or subcontractor, or a 
third party.\1\
---------------------------------------------------------------------------

    \1\ Contractors performing private security functions are not 
authorized to perform inherently governmental functions. In this 
regard, they are limited to a defensive response to hostile acts or 
demonstrated hostile intent.
---------------------------------------------------------------------------

    (2) Any other activity for which personnel are required to carry 
weapons in the performance of their duties. For the DoD, DoDI 
Instruction 3020.41, ``Contractor Personnel Authorized to Accompany the 
U.S. Armed Forces,'' \2\ prescribes policies related to personnel 
allowed to carry weapons for self defense.
---------------------------------------------------------------------------

    \2\ Available at https://www.dtic.mil/whs/directives/corres/pdf/302041p.pdf.
---------------------------------------------------------------------------

    PSC. During contingency operations ``PSC'' means a company employed 
by the DoD performing private security functions under a covered 
contract. In a designated area of combat operations, the term ``PSC'' 
expands to include all companies employed by U.S.G. agencies performing 
private security functions under a covered contract.
    PSC personnel. Any individual performing private security functions 
under a covered contract.


Sec.  159.4.   Policy.

    (a) Consistent with the requirements of paragraph (a)(2) of section 
862 of Public Law 110-181, the selection, training, equipping, and 
conduct of PSC personnel including the establishment of appropriate 
processes shall be coordinated between the DoD and the Department of 
State.
    (b) Geographic Combatant Commanders will provide tailored PSC 
guidance and procedures for the operational environment in their Area 
of Responsibility (AOR) in accordance with this part, the Federal 
Acquisition Regulation (FAR) \3\ and the Defense Federal Acquisition 
Regulation Supplement (DFARS).\4\
---------------------------------------------------------------------------

    \3\ Published in Title 48 of the Code of Federal Regulations.
    \4\ Published in Title 48 of the Code of Federal Regulations.
---------------------------------------------------------------------------

    (c) In a designated area of combat operations, the relevant Chief 
of Mission will be responsible for developing and issuing implementing 
instructions for non-DoD PSCs and their personnel consistent with the 
standards set forth by the geographic Combatant Commander in accordance 
with paragraph (b) of this section. The Chief of Mission has the option 
to instruct non DoD PSCs and their personnel to follow the guidance and 
procedures developed by the Geographic Combatant Commander and/or 
Subordinate Commander.
    (d) The requirements of this part shall not apply to contracts 
entered into by elements of the intelligence community in support of 
intelligence activities.


Sec.  159.5.   Responsibilities.

    (a) The Assistant Deputy Under Secretary of Defense for Program 
Support, under the authority, direction, and control of the Deputy 
Under Secretary of Defense for Logistics and Materiel Readiness, shall 
monitor the registering, processing, and accounting of PSC personnel in 
an area of contingency operations.
    (b) The Director, Defense Procurement and Acquisition Policy, under 
the authority, direction, and control of the Deputy Under Secretary of 
Defense for Acquisition and Technology (DUSD(AT)), shall ensure that 
the DFARS and (in consultation with the other members of the FAR 
Council) the FAR provide appropriate guidance and contract clauses 
consistent with this part and paragraph (b) of section 862 of Public 
Law 110-181.
    (c) The Director, Defense Business Transformation Agency, under the 
authority, direction, and control of the Deputy Chief Management 
Officer of the Department of Defense, through the DUSD(AT), shall 
ensure that information systems effectively support the accountability 
and visibility of contracts, contractors, and specified equipment 
associated with private security functions.
    (d) The Chairman of the Joint Chiefs of Staff shall ensure that 
joint doctrine is consistent with the principles established by DoD 
Directive 3020.49 ``Orchestrating, Synchronizing, and Integrating 
Program Management of Contingency Acquisition Planning and

[[Page 34693]]

Its Operational Execution,'' \5\ DoD Instruction 3020.41, ``Contractor 
Personnel Authorized to Accompany the U.S. Armed Forces,'' and this 
part.
---------------------------------------------------------------------------

    \5\ Available from https://www.dtic.mil/whs/directives/corres/pdf/302040p.pdf.
---------------------------------------------------------------------------

    (e) The geographic Combatant Commanders in whose AOR a contingency 
operation is occurring, and within which PSCs and PSC personnel perform 
under covered contracts, shall:
    (1) Provide guidance and procedures, as necessary and consistent 
with the principles established by DoD Directive 3020.49, 
``Orchestrating, Synchronizing, and Integrating Program Management of 
Contingency Acquisition Planning and Its Operational Execution,'' DoD 
Instruction 3020.41, ``Contractor Personnel Authorized to Accompany the 
U.S. Armed Forces,'' \6\ and this part, for the selection, training, 
accountability and equipping of such PSC personnel and the conduct of 
PSCs and PSC personnel within their AOR. Individual training and 
qualification standards shall meet, at a minimum, one of the Military 
Departments' established standards.
---------------------------------------------------------------------------

    \6\ Available from https://www.dtic.mil/whs/directives/corres/html/302041.htm.
---------------------------------------------------------------------------

    Within a geographic Combatant Command, Subordinate Commanders shall 
be responsible for developing and issuing implementing procedures as 
warranted by the situation, operation, and environment, in consultation 
with the relevant Chief of Mission in designated areas of combat 
operations.
    (2) Through the Contracting Officer, ensure that PSC personnel 
acknowledge, through their PSC, their understanding and obligation to 
comply with the terms and conditions of their covered contracts.
    (3) Issue written authorization to the PSC identifying individual 
PSC personnel who are authorized to be armed. Rules for the use of 
force, developed in accordance with Chairman of the Joint Chief of 
Staff Instruction 3121.01B, ``Standing Rules of Engagement/Standing 
Rules for the Use of Force for U.S. Forces,'' \7\ shall be included 
with the written authorization.
---------------------------------------------------------------------------

    \7\ CJCSI 3121.01B provides guidance on the standing rules of 
engagement (SROE) and establishes standing rules for the use of 
force (SRUF) for DOD operations worldwide. This document is 
classified secret. CJCSI 3121.01B is available via Secure Internet 
Protocol Router Network at https://js.smil.mil If the requester is 
not an authorized user of the classified network, the requester 
should contact Joint Staff J-3 at 703-614-0425.
---------------------------------------------------------------------------

    (4) Ensure that the procedures, orders, directives and instructions 
prescribed Sec.  159.6(a) of this part are available through a single 
location (to include an Internet Web site, consistent with security 
considerations and requirements).
    (f) The Heads of the DoD Components shall:
    (1) Ensure that all private security-related requirement documents 
are in compliance with the procedures listed in Sec.  159.6 of this 
part and the guidance and procedures issued by the geographic Combatant 
Command,
    (2) Ensure private security-related contracts contain the 
appropriate clauses in accordance with the applicable FAR clause and 
include additional mission-specific requirements as appropriate.


Sec.  159.6.   Procedures.

    (a) Standing Combatant Command Guidance and Procedures. Each 
geographic Combatant Commander shall develop and publish guidance and 
procedures for PSCs and PSC personnel operating during a contingency 
operation within their AOR, consistent with applicable law; this part; 
applicable Military Department publications; and other applicable DoD 
issuances to include DoD Directive 3020.49, ``Orchestrating, 
Synchronizing, and Integrating Program Management of Contingency 
Acquisition Planning and Its Operational Execution,'' DFARS, DoD 
Directive 2311.01E, ``DoD Law of War Program,'' \8\ DoD 5200.8-R, 
``Physical Security Program,'' \9\ CJCSI 3121.01B, ``Standing Rules of 
Engagement/Standing Rules for the Use of Force for U.S. Forces,'' and 
DoD Directive 5210.56, ``Use of Deadly Force and the Carrying of 
Firearms by DoD Personnel Engaged in Law Enforcement and Security 
Duties.'' \10\ The guidance and procedures shall:
---------------------------------------------------------------------------

    \8\ Available at https://www.dtic.mil/whs/directives/corres/html/231101.htm.
    \9\ Available at https://www.dtic.mil/whs/directives/corres/pdf/520008r.pdf.
    \10\ Available at https://www.dtic.mil/whs/directives/corres/html/521056.htm.
---------------------------------------------------------------------------

    (1) Contain, at a minimum, procedures to implement the following 
processes, and identify the organization responsible for managing these 
processes:
    (i) Registering, processing, accounting for and keeping appropriate 
records of PSCs and PSC personnel in accordance with DoD Instruction 
3020.41, ``Contractor Personnel Authorized to Accompany the U.S. Armed 
Forces.''
    (ii) PSC verification that PSC personnel meet all the legal, 
training, and qualification requirements for authorization to carry a 
weapon in accordance with the terms and conditions of their contract 
and host country law. Weapons accountability procedures will be 
established and approved prior to the weapons authorization.
    (iii) Arming of PSC personnel. Requests for permission to arm PSC 
personnel shall be reviewed on a case-by-case basis by the appropriate 
Staff Judge Advocate to the geographic Combatant Commander (or a 
designee) to ensure there is a legal basis for approval. The request 
will then be approved or denied by the geographic Combatant Commander 
or a specifically identified designee, no lower than the flag officer 
level. Requests to arm non-DOD PSC personnel shall be reviewed and 
approved in accordance with Sec.  159.4(c) of this part. Requests for 
permission to arm PSC personnel shall include:
    (A) A description of where PSC personnel will operate, the 
anticipated threat, and what property or personnel such personnel are 
intended to protect, if any.
    (B) A description of how the movement of PSC personnel will be 
coordinated through areas of increased risk or planned or ongoing 
military operations, including how PSC personnel will be rapidly 
identified by members of the U.S. Armed Forces.
    (C) A communication plan, to include a description of how relevant 
threat information will be shared between PSC personnel and U.S. 
military forces and how appropriate assistance will be provided to PSC 
personnel who become engaged in hostile situations. DoD contractors 
performing private security functions are only to be used in accordance 
with DoD Instruction 1100.22, ``Guidance for Determining Workforce 
Mix,'' \11\ that is, they are limited to a defensive response to 
hostile acts or demonstrated hostile intent.
---------------------------------------------------------------------------

    \11\ Available at https://www.dtic.mil/whs/directives/corres/pdf/110022p.pdf.
---------------------------------------------------------------------------

    (D) Documentation of individual training covering weapons 
familiarization and qualification, rules for the use of force, limits 
on the use of force including whether defense of others is consistent 
with host nation Status of Forces Agreements or local law, the 
distinction between the rules of engagement applicable to military 
forces and the prescribed rules for the use of force that control the 
use of weapons by civilians, and the Law of Armed Conflict.
    (E) Written acknowledgment by the PSC and its individual PSC 
personnel, after investigation of background of PSC personnel by the 
contractor, verifying such personnel are not prohibited under U.S. law 
to possess firearms.

[[Page 34694]]

    (F) Written acknowledgment by the PSC and individual PSC personnel 
that:
    (1) Potential civil and criminal liability exists under U.S. and 
local law or host nation Status of Forces Agreements for the use of 
weapons.\12\
---------------------------------------------------------------------------

    \12\ This requirement is specific to arming procedures. Such 
written acknowledgement should not be construed to limit civil and 
criminal liability to conduct arising from ``the use of weapons.'' 
PSC personnel could be held criminally liable for any conduct that 
would constitute a federal offense (see MEJA, 18 USC 3261(a)).
---------------------------------------------------------------------------

    (2) Proof of authorization to be armed must be carried by each PSC 
personnel.
    (3) PSC personnel may possess only U.S.G.-issued and/or -approved 
weapons and ammunition for which they have been qualified according to 
paragraph (a)(1)(iii)(E) of this section.
    (4) PSC personnel were briefed and understand limitations on the 
use of force.
    (5) Authorization to possess weapons and ammunition may be revoked 
for non-compliance with established rules for the use of force.
    (6) PSC personnel are prohibited from consuming alcoholic beverages 
or being under the influence of alcohol while armed.
    (iv) Registration and identification in the Synchronized 
Predeployment and Operational Tracker (or its successor database) of 
armored vehicles, helicopters, and other vehicles operated by PSC 
personnel.
    (v) Reporting alleged criminal activity or other incidents 
involving PSCs or PSC personnel by another company or any other person. 
All incidents involving the following shall be reported and documented:
    (A) A weapon is discharged by an individual performing private 
security functions;
    (B) An individual performing private security functions is killed 
or injured in the performance of their duties;
    (C) A person other than an individual performing private security 
functions is killed or injured as a result of conduct by PSC personnel;
    (D) Property is destroyed as a result of conduct by a PSC or PSC 
personnel;
    (E) An individual performing private security functions has come 
under attack including in cases where a weapon is discharged against an 
individual performing private security functions or personnel 
performing such functions believe a weapon was so discharged; or
    (F) Active, non-lethal counter-measures (other than the discharge 
of a weapon) are employed by PSC personnel in response to a perceived 
immediate threat in an incident that could significantly affect U.S. 
objectives with regard to the military mission or international 
relations.
    (vi) The independent review and, if practicable, investigation of 
incidents reported pursuant to paragraphs (a)(1)(v)(A) through 
(a)(1)(v)(F) of this section and incidents of alleged misconduct by PSC 
personnel.
    (vii) Identification of ultimate criminal jurisdiction and 
investigative responsibilities, where conduct of U.S.G.-funded PSCs or 
PSC personnel are in question, in accordance with applicable laws to 
include a recognition of investigative jurisdiction and coordination 
for joint investigations (i.e., other U.S.G. agencies, host nation, or 
third country agencies), where the conduct of PSCs and PSC personnel is 
in question.
    (viii) A mechanism by which a commander of a combatant command may 
request an action by which PSC personnel who are non-compliant with 
contract requirements are removed from the designated operational area.
    (ix) Interagency coordination of administrative penalties or 
removal, as appropriate, of non-DoD PSC personnel who fail to comply 
with the terms and conditions of their contract, as is applicable to 
this part.
    (x) Implementation of the training requirements contained below in 
paragraph (a)(2)(ii) of this section.
    (2) Specifically cover:
    (i) Matters relating to authorized equipment, force protection, 
security, health, safety, and relations and interaction with locals in 
accordance with DoD Instruction 3020.41, ``Contractor Personnel 
Authorized to Accompany the U.S. Armed Forces.''
    (ii) Predeployment training requirements addressing, at a minimum, 
the identification of resources and assistance available to PSC 
personnel as well as country information and cultural training, and 
guidance on working with host country nationals and military personnel.
    (iii) Rules for the use of force and graduated force procedures.
    (iv) Requirements and procedures for direction, control and the 
maintenance of communications with regard to the movement and 
coordination of PSCs and PSC personnel, including specifying 
interoperability requirements. These include coordinating with the 
Chief of Mission, as necessary, private security operations outside 
secure bases and U.S. diplomatic properties to include movement control 
procedures for all contractors, including PSC personnel.
    (b) Availability of Guidance and Procedures. The geographic 
Combatant Commander shall ensure the guidance and procedures prescribed 
in paragraph (a) of this section are readily available and accessible 
by PSCs and their personnel (e.g., on a Web page and/or through 
contract terms), consistent with security considerations and 
requirements.
    (c) Subordinate Guidance and Procedures. The Subordinate Commander, 
in consultation with the Chief of Mission, will issue guidance and 
procedures implementing the standing combatant command publications 
specified in paragraph (a) of this section, consistent with the 
situation and operating environment.
    (d) Consultation and Coordination. The Chief of Mission and the 
geographic Combatant Commander/Subordinate Commander shall make every 
effort to consult and coordinate responses to common threats and common 
concerns related to oversight of the conduct of U.S.G.-funded PSC and 
their personnel. The Memorandum of Agreement between the Department of 
Defense and Department of State on U.S.G. Private Security Contractors 
\13\ shall provide the framework for the development of guidance and 
procedures without regard to the specific locations identified therein.
---------------------------------------------------------------------------

    \13\ Available at https://www.acq.osd.mil/log/PS/p_vault.html.

    Dated: July 14, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-17059 Filed 7-16-09; 8:45 am]
BILLING CODE 5001-06-P