Defense Federal Acquisition Regulation Supplement; Definition of Sexual Assault (DFARS Case 2010-D023), 73997 [2010-30090]

Agencies

• Defense Acquisition Regulations System
• DEPARTMENT OF DEFENSE

[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Proposed Rules]
[Page 73997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30090]


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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.

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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: https://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 https://www.regulations.gov, including any personal information 
provided.
     To confirm receipt of your comment(s), please check https://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 (https://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 (https://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 
https://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