Operational Contract Support (OCS) Outside the United States, 1063-1080 [2020-27694]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 86, Number 4 (Thursday, January 7, 2021)]
[Proposed Rules]
[Pages 1063-1080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27694]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 158

[Docket ID: DOD-2020-OS-0015]
RIN 0790-AK81


Operational Contract Support (OCS) Outside the United States

AGENCY:  Office of the Under Secretary of Defense for Acquisition and 
Sustainment, Department of Defense (DoD).

ACTION: Proposed rule.

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SUMMARY: The DoD is issuing this rule to update the policies and 
procedures for operational contract support (OCS) outside the United 
States. These changes include broadening the range of applicable 
operational scenarios, eliminating content internal to the Department, 
and making updates to comply with law and policy. Changes include 
designating contractor personnel as part of the DoD total force, 
incorporating requirements for accountability and reporting, and 
clarifying responsibilities. Through these updates, the Department will 
also address open recommendations from the Government Accountability 
Office (GAO). OCS is a segment of the GAO High Risk Area of DoD 
Contract Management and while the latest update in March 2019 
acknowledged progress, GAO cited the need to revise and reissue 
guidance to address several open recommendations.

DATES: Comments must be received by March 8, 2021.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) number and title, by any of the 
following methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: DoD cannot receive written comments at this time due 
to the COVID-19 pandemic. Comments should be sent electronically to the 
docket listed above.
    Instructions: All submissions received must include the agency name 
and docket number or 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: Ms. Donna M. Livingston, 703-692-3032, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Purpose of the Rule

    The Joint Force relies on contracted support in nearly every 
mission and operational setting. Operational Contract Support (OCS) is 
how the Department plans for and integrates contracted capabilities and 
associated contractor personnel providing support to operations within 
a designated geographic area. Since 2007, the Department has been 
heavily focused on better oversight, management, and accounting of 
contractors supporting U.S. military operations. Concurrently, there 
has been increasing demand from commanders for more visibility of 
contractor personnel. Successfully planning for, procuring, and 
integrating contracted support requires that commanders have a full 
understanding of what contracted support is needed and when; how 
requirements can be optimized and executed; and how the Department 
includes contracted support as part of the total force. The existing 
part describes, in detail, the specific DoD policy, responsibilities, 
and procedures that enable and substantiate OCS and enable both the DoD 
and its commercial partners to plan for contractor support when 
operating with U.S. Armed Forces in applicable operations. Contractors 
are currently required to load their employees' information in the 
Synchronized Pre-deployment Operational Tracker--Enterprise System 
(SPOT-ES) when an employee deploys under a contract to support U.S. 
military operations overseas, and this revision neither increases nor 
decreases the burden of this requirement. The changes resulting from 
the revised rule increase transparency of new policies and better 
inform the DoD's commercial partners.

B. Background

    Operational contract support was born in the aftermath of 
significant reporting on DoD acquisition and contracting operations in 
Iraq and Afghanistan, including the 2008 ``Commission on Army 
Acquisition and Program Management in Expeditionary Operations'' and 
the 2011 ``Commission on Wartime Contracting in Iraq and Afghanistan.'' 
The Commission on Wartime Contracting in Iraq and Afghanistan published 
findings that identified deficiencies related to contract management 
and oversight that required DoD's attention. As a result, the DoD has 
invested heavily in efforts to address these findings and enhance 
oversight, better define contract requirements, and improve the 
visibility and accounting of contractors supporting U.S. operations 
overseas. There has been persistent scrutiny of the DoD's progress to 
close these deficiencies, namely by the GAO. The GAO has reviewed the 
Departments' progress on OCS on multiple occasions, and classified OCS 
as a segment within the DoD Contract Management High Risk Area. In the 
last report (GAO-19-157SP) published in March 2019 (available at 
https://www.gao.gov/products/GAO-19-157SP), GAO recognized the progress 
made on OCS and affirmed that it could remove its high-risk status. 
Removal could come quickly once the DoD successfully completes the few 
remaining GAO recommendations. By implementing the GAO recommendations, 
updating internal policies especially DoD Instruction 3020.41 
``Operational

[[Page 1064]]

Contract Support'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/302041p.pdf), and revising this CFR part, 
the DoD will address the vital need for greater efficiency and 
accountability. Improved policy and guidance will foster an environment 
focused on operational planning of contracted support to operations and 
improved readiness, and will result in cost savings by reducing the 
potential for waste, fraud, and abuse.

C. Summary of Major Provisions

    This proposed rule: (1) Broadens the types of operations when 
contracted support may be employed, beyond contingency operations; (2) 
describes and clarifies contractors' responsibilities related to 
theater admission requirements for their personnel deploying in support 
of operations outside the United States; (3) clarifies contractors' 
responsibilities to provide personnel who meet specific medical and 
dental fitness standards; (4) details the services the U.S. Government 
is authorized to provide to contractors; and (5) removes all internally 
facing information to promote efficiency and streamline communication 
with the public.
    To address GAO recommendations to improve the ability to track 
contracts and contractor personnel in contingency and other operations 
and to help ensure that DoD possesses the capability to collect and 
report statutorily required information and to clarify responsibilities 
and procedures, Sec.  158.5(g) was updated to address SPOT minimum 
reporting requirements, system requirements, and references to the SPOT 
business rules were included which include area specific requirements.

D. Legal Authority

    The legal authority for this rule is found in Section 861, 
Memorandum of Understanding on Matters Relating to Contracting, of the 
National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-
181), and Section 854, Additional Contractor Requirements and 
Responsibilities Relating to Alleged Crimes By or Against Contractor 
Personnel in Iraq and Afghanistan, of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417).

II. Regulatory History

    An interim final rule for this part was published on December 29, 
2011 (76 FR 81807). The DoD adopted the interim final rule as a final 
rule without change on December 3, 2013 (78 FR 72573). The 2011 rule 
action procedurally closed gaps that existed in planning, oversight, 
and management of DoD contractors supporting contingency operations. 
The rule was necessary to address legislative mandates, remove 
confusion with other policies, and better reflect the practices and 
procedures in place at that time. The rule was crucial at the time due 
to the sustained employment of a large number of contractors in the 
U.S. Central Command area of responsibility; the importance of 
contractor oversight in support of counter-insurgency operations in 
Afghanistan; and the requirement to manage contractors effectively 
during the withdrawal of U.S. forces from Iraq in 2011.

III. Regulatory Analysis

A. Regulatory Planning and Review

a. Executive Orders
Executive Order 12866, ``Regulatory Planning and Review,'' and 
Executive Order 13563, ``Improving Regulation and Regulatory Review''
    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``not significant 
regulatory action'' and has been determined not to be economically 
significant under section 3(f) of Executive Order 12866.
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs''
    This rule is not significant under Executive Order 12866; 
therefore, it is not subject to the requirements of Executive Order 
13771.
b. Summary
    This rule broadens the range of operations in which contracted 
support may be employed; updates requirements for the development of 
contractor oversight plans; increases visibility and accountability; 
reinforces requirements for adequate military personnel necessary to 
execute contract oversight; and describes U.S. Government standards for 
medical care available to deployed contractor personnel, when 
authorized. It also updates policy resulting from changes in law and 
policy. Lastly, the rule has been streamlined to show only information 
relevant to the public and removes internally facing responsibilities 
and procedures.
c. Affected Population
    The existing rule provides information relevant to contractors and 
their personnel that may provide contracted support to the DoD during 
applicable operations outside the United States. The following 
populations are expected to continue to be stakeholders in the content 
of the revised rule:
    [ssquf] Contractor personnel--Provides information and describes 
the requirements the DoD imposes on employees of commercial industry 
partners who may be employed in support of DoD operations conducted 
outside the United States.
    [ssquf] CCompanies or organizations--Provides information for 
commercial industry partners to understand how contractor personnel are 
managed and accounted for and includes deployment requirements 
necessary to provide support to DoD in applicable operations.
d. Costs
    A negligible burden reduction to the public may be achieved by the 
clarifications and increased transparency provided by this revision. 
Contractors may save time by having increased access to DoD policy 
requirements and in avoiding unnecessary duplication or providing 
personnel not suitable or prepared to support applicable operations 
outside the United States. The changes implemented by this rule are not 
expected to alter significantly the baseline burden that was calculated 
as part of the most recent SPOT-ES system collection, Control Number 
0704-0460, approved by the OMB in 2019 in accordance with the Public 
Law 96-511, ``Paperwork Reduction Act.''

[[Page 1065]]



------------------------------------------------------------------------
    Collection instrument  (SPOT      2016 approved     2019 approved
             database)                  estimates         estimates
------------------------------------------------------------------------
                  Estimation of Respondent Burden Hours
------------------------------------------------------------------------
Number of Respondents..............            1670  964.
Number of Responses per Respondent.              56  77.
Number of Total Annual Responses...          93,520  74,561.
Response Time (Amount of time                    .5  .5.
 needed to complete the collection
 instrument).
Respondent Burden Hours (Total               46,760  37,291.
 Annual Responses multiplied by
 Response Time) Please compute
 these into hours).
------------------------------------------------------------------------
                     Labor Cost of Respondent Burden
------------------------------------------------------------------------
Number of Responses................          93,520  74,561
                                                     (decrease of
                                                      18,959).
Response Time per Response.........              .5  .5.
Respondent Hourly Wage.............          $36.00  $32.11.
Labor Burden per Response (Response          $18.00  $16.06.
 Time multiplied by Respondent
 Hourly Wage).
Total Labor Burden (Number of            $1,683,360  $1,197,077
 Respondents multiplied by Response                  (decrease of
 Time multiplied by Respondent                        $486,283).
 Hourly Wage).
------------------------------------------------------------------------

    The burden and cost decreased due to contractor deployments to 
ongoing contingencies having been reduced since 2016. Thus, the number 
of responses required was reduced from 93,520 to 74,561. This drove the 
associated calculations down and resulted in a decrease in cost of 
$486,283. In addition, the difference in the respondent hourly range is 
attributed to the respondent labor category from a management labor 
category in 2016 to human resources specialist in 2019. Wage 
information is based on data from the Department of Labor Statistics 
(https://www.bls.gov/oes/current/oes_nat.htm).
    Based on data from the Federal Procurement Data System--Next 
Generation for contract actions for fiscal year 2019 with a place of 
performance outside the United States, approximately 15,742 of 2.4 
million (or 1 percent), are to small businesses. This amounts to 
$2,438,406,319 of $36,747,264,771 (or less than 8 percent) of contracts 
obligated to small businesses worldwide.
e. Benefits
    OCS is a force multiplier, giving commanders more options, and 
supports force optimization. When properly planned for and integrated 
into operations, OCS can be leveraged to support the Secretary of 
Defense's objective of restoring military readiness and to close any 
gaps in fulfilling requirements associated with maintenance, material, 
intelligence information, or translation services, which can be filled 
by either short- or long-term commercial capabilities. This rule most 
significantly improves and refines DoD policy for planning and 
integrating contracted support in applicable operations. The Department 
has been working for more than a decade to establish OCS as a core 
defense capability; one that minimizes risk, increases readiness and 
flexibility, and improves effectiveness. This rule codifies policy that 
implements a programmatic approach and improves oversight of contracted 
support, reducing the likelihood that historical instances of waste, 
fraud, and abuse will be repeated. This rule furthermore ensures 
contractors supporting applicable operations are fully prepared to meet 
the requirements necessary to support operations outside the United 
States.
f. Alternatives
    The DoD has considered the following alternatives:
    [ssquf] No action--maintain the status quo. If no action is taken, 
the significant improvements made to accounting and managing, planning 
for, and overseeing contracted support will not be codified, raising 
the risk that past mismanagement will persist, resulting in significant 
waste, fraud, and abuse. In addition, the rule must be updated and 
published before an update to the associated DoD issuance, DoD 
Instruction 3020.41, ``Operational Contract Support (OCS),'' may be 
issued. Publishing the updated policy is required to remove the OCS 
element of DoD Contract Management as a GAO High-Risk Area.
    [ssquf] Publish proposed rule. Codify changes in policy and statute 
that result in improved management of contract requirements, contractor 
management and visibility and accountability of contractors. These 
improvements will support removing OCS as a sub-area under the GAO High 
Risk Area of DoD Contract Management.
    In summary, if the status quo is maintained, resolution of the GAO 
recommendations cannot be implemented.

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

    The DoD certifies that this rule, if promulgated, does not have a 
significant economic impact on a substantial number of small entities. 
Based on data from the Federal Procurement Data System--Next Generation 
for contract actions for fiscal year 2019 with a place of performance 
outside the United States, approximately 15,742 of 2.4 million (or 1 
percent), are to small businesses. This amounts to $2,438,406,319 of 
$36,747,264,771 (or less than 8 percent) of contracts obligated to 
small businesses worldwide. Therefore, the requirements of the 
Regulatory Flexibility Act do not apply.

C. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq. generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The DoD will submit a report containing the final rule 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

D. Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)

[[Page 1066]]

(2 U.S.C. 1532) requires agencies to assess anticipated costs and 
benefits before issuing any rule whose mandates require spending in any 
one year of $100 million in 1995 dollars, updated annually for 
inflation. This rule will not mandate any requirements for State, 
local, or tribal governments.

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

    It has been determined that 32 CFR part 158 does impose reporting 
or recordkeeping requirements under the Paperwork Reduction Act of 
1995. This SPOT-ES system collection has been reviewed and approved by 
the OMB and assigned OMB Control Number 0704-0460 (cleared through 
September 30, 2022). The SPOT-ES collection package encapsulated the 
requirement for all DoD, Department of State (DOS), and United States 
Agency for International Development (USAID) contractor personnel to 
register in the SPOT-ES database. Within the current collection, 87 
percent of contractor personnel records were related to DoD contracts 
and less than 13 percent were from other government agencies. This 
collection of information does not require collection to be conducted 
in a manner inconsistent with the guidelines delineated in 5 CFR 
1320.5(d)(2).
    System of Records Notices (SORNs) and Privacy Impact Assessments 
(PIAs) (https://www.dmdc.osd.mil/appj/dwp/documents.jsp) have been 
accomplished under SORN Identifier DMDC 18 DoD (https://dpcld.defense.gov/Privacy/SORNsIndex/DOD-wide-SORN-Article-View/Article/570569/dmdc-18-dod/), ``Synchronized Predeployment Operational 
Tracker Enterprise Suite.''

F. Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has federalism 
implications. The changes in this rule will not have a substantial 
effect on State and local governments and do not implicate federalism.

List of Subjects in 32 CFR Part 158

    Accountability/visibility, Accounting, Armed forces, Combating 
trafficking in persons, Deployment and redeployment, Government 
contracts, Medical clearances, Passports and visas, Planning, Security 
measures, Support to contractors, Transportation.


0
Accordingly, 32 CFR part 158 is proposed to be revised to read as 
follows:

PART 158--OPERATIONAL CONTRACT SUPPORT (OCS) OUTSIDE THE UNITED 
STATES

Sec.
158.1 Purpose.
158.2 Applicability.
158.3 Definitions.
158.4 Policy.
158.5 Procedures.
158.6 Guidance for contractor medical and dental fitness.

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


Sec.  158.1  Purpose.

    This part establishes policy, assigns responsibilities, and 
provides procedures for operational contract support (OCS), including 
contract support integration, contracting support, management, and 
deployment of defense contractor personnel in applicable operations 
outside the United States.


Sec.  158.2  Applicability.

    This part applies to contracts and contractor personnel supporting 
DoD Components operating outside the United States in contingency 
operations, humanitarian assistance, or peace operations and other 
activities, including operations and exercises as determined by a 
Combatant Commander or as directed by the Secretary of Defense.


Sec.  158.3  Definitions.

    Unless otherwise noted, the following terms and their definitions 
are for the purposes of this part.
    Acquisition. The acquiring by contract with appropriated funds of 
supplies or services (including construction) by and for the use of the 
Federal Government through purchase or lease, whether the supplies or 
services are already in existence or must be created, developed, 
demonstrated, and evaluated. Acquisition begins at the point when 
agency needs are established and includes the description of 
requirements to satisfy agency needs, solicitation and selection of 
sources, award of contracts, contract financing, contract performance, 
contract administration, and those technical and management functions 
directly related to the process of fulfilling agency needs by contract.
    Applicable operations. Contingency operations, humanitarian 
assistance, or peace operations conducted outside the United States and 
other activities, including operations and exercises outside the United 
States as determined by a combatant commander (CCDR) or as directed by 
the Secretary of Defense.
    Austere environment. Areas where applicable operations may be 
conducted that are in remote, isolated locations, where access to 
modern comforts and resources may be limited or non-existent.
    Civil augmentation program. External support contracts designed to 
augment Military Department logistics capabilities with contracted 
support in both preplanned and short-notice operations.
    Contingency contract. A legally binding agreement for supplies, 
services, and/or construction let by a U.S. Government contracting 
officer in the operational area, or that has a prescribed area of 
performance within an operational area.
    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 as defined in 10 
U.S.C. 101(a)(13).
    Contract administration. The processes and procedures of 
contracting, from contract award through closeout, that includes 
oversight efforts by contracting professionals and designated non-
contracting personnel to ensure that supplies, services, and/or 
construction are delivered and/or performed in accordance with the 
terms and conditions of the contract.
    Contract support integration. The coordination and synchronization 
of contracted support executed in a designated operational area in 
support of military operations.
    Contracting. Purchasing, renting, leasing, or otherwise obtaining 
supplies or services from nonfederal sources. Contracting includes 
description (but not determination) of supplies and services required, 
selection and solicitation of sources, preparation and award of 
contracts, and all phases of contract administration. It does not 
include making grants or cooperative agreements.
    Contracting officer. A person with the authority to enter into, 
administer, and/or terminate contracts and make related determinations 
and findings. The term includes certain authorized representatives of 
the contracting officer acting within the limits of their authority as 
delegated by the contracting officer. ``Administrative contracting 
officer (ACO)'' refers to a contracting officer who is administering 
contracts. ``Termination contracting officer (TCO)'' refers to a 
contracting officer who is settling terminated contracts. A single 
contracting officer may be responsible for duties in any or all of 
these areas.

[[Page 1067]]

    Contracting Officer's Representative (COR). An individual, 
including a contracting officer's technical representative (COTR), 
designated and authorized in writing by the contracting officer to 
perform specific technical or administrative functions.
    Contracting support. The coordination of contracts and execution of 
contracting authority by a warranted contracting officer that legally 
binds commercial entities to perform contractual requirements in 
support of DoD operational requirements.
    Contractor management. The oversight and integration of contractor 
personnel and associated equipment providing support to military 
operations.
    Contractor personnel. Any individual, employed by a firm, 
corporation, partnership, or association, employed under contract with 
the DoD to furnish services, supplies, or construction. Contractor 
personnel may include U.S. citizens and host nation and third country 
national (TCN) individuals.
    Contractor personnel accountability. The process of identifying, 
capturing, and recording the personally identifiable information and 
assigned permanent duty location of an individual contractor employee 
through the use of a designated database.
    Contractor personnel visibility. Information on the daily location, 
movement, status, and identity of contractor personnel.
    Contractors Authorized to Accompany the Force (CAAF). Contractor 
personnel and all tiers of subcontractor personnel authorized to 
accompany U.S. Armed Forces in applicable operations outside of the 
United States who have been afforded this status through the issuance 
of a Letter of Authorization (LOA). CAAF generally include all U.S. 
citizen and TCN employees not normally residing within the operational 
area whose area of performance is in the direct vicinity of the U.S. 
Armed Forces and who are routinely co-located with the U.S. Armed 
Forces. In some cases, CCDR subordinate commanders may designate 
mission-essential host nation (HN) or local national (LN) contractor 
personnel (e.g., interpreters) as CAAF. CAAF includes contractor 
personnel previously identified as contractors deploying with the 
force. CAAF status does not apply to contractor personnel within U.S. 
territory working in support of contingency operations outside the 
United States.
    Defense contractor. Any individual, firm, corporation, partnership, 
association, or other legal non-Federal entity that enters into a 
contract directly with the DoD to furnish services, supplies, or 
construction.
    DoD Components. Includes the Office of the Secretary of Defense, 
the Military Departments, the Office of the Chairman of the Joint 
Chiefs of Staff (CJCS) and the Joint Staff, the Combatant Commands 
(CCMDs), the Office of the Inspector General of the Department of 
Defense, the Defense Agencies, and the DoD Field Activities.
    Essential contractor service. A service provided by a firm or an 
individual under contract to the DoD to support mission-essential 
functions, such as support of vital systems, including ships owned, 
leased, or operated in support of military missions or roles at sea; 
associated support activities, including installation, garrison, and 
base support services; and similar services provided to foreign 
military sales customers under the Security Assistance Program. 
Services are essential if the effectiveness of defense systems or 
operations has the potential to be seriously impaired by the 
interruption of these services, as determined by the appropriate 
functional commander or civilian equivalent.
    Expeditionary Contract Administration (ECA). Contract 
administration conducted during joint or other expeditionary 
operations. Formerly known as the Contingency Contract Administrative 
Services or CCAS.
    Expeditionary operations. Activities organized to achieve a 
specific objective in a foreign country.
    External support contracts. Contracts awarded by contracting 
organizations whose contracting authority does not derive directly from 
the theater support contracting head(s) of contracting activity or from 
systems support contracting authorities.
    Host nation (HN). A nation that permits, either in writing or other 
official invitation, government representatives or agencies and/or 
agencies of another nation to operate, under specified conditions, 
within its borders.
    Hostile environment. Operational environment in which local 
government forces, whether opposed to or receptive to operations that a 
unit intends to conduct, do not have control of the territory and 
population in the intended operational area.
    Isolated personnel. U.S. military, DoD civilians, and contractor 
personnel (and others designated by the President or Secretary of 
Defense) who are unaccounted for as an individual or a group while 
supporting an applicable operation and are, or may be, in a situation 
where they must survive, evade, resist, or escape.
    Law of war. The treaties and customary international law binding on 
the United States that regulate: The resort to armed force; the conduct 
of hostilities and the protection of war victims in international and 
non-international armed conflict; belligerent occupation; and the 
relationships between belligerent, neutral, and non-belligerent States. 
Sometimes also called the ``law of armed conflict'' or ``international 
humanitarian law,'' the law of war is specifically intended to address 
the circumstances of armed conflict.
    Letter of authorization (LOA). A document issued by a contracting 
officer or his or her designee that authorizes contractor personnel to 
accompany the force to travel to, from, and within an operational area, 
and outlines U.S. Government authorized support authorizations within 
the operational area, as agreed to under the terms and conditions of 
the contract. For more information, see 48 CFR subpart 225.3.
    Local national (LN). An individual who is a permanent resident of 
the nation in which the United States is conducting operations.
    Long-term care. A variety of services that help a person with 
comfort, personal, or wellness needs. These services assist in the 
activities of daily living, including such things as bathing and 
dressing. Sometimes known as custodial care.
    Mission-essential functions. Those organizational activities that 
must be performed under all circumstances to achieve DoD component 
missions or responsibilities, as determined by the appropriate 
functional commander or civilian equivalent. Failure to perform or 
sustain these functions would significantly affect the DoD's ability to 
provide vital services or exercise authority, direction, and control.
    Non-CAAF. Personnel who are not designated as CAAF, such as LN 
employees and non-LN employees who are permanent residents in the 
operational area or TCNs not routinely residing with the U.S. Armed 
Forces (and TCN expatriates who are permanent residents in the 
operational area), who perform support functions away from the close 
proximity of, and do not reside with, the U.S. Armed Forces. U.S. 
Government-furnished support to non-CAAF is typically limited to force 
protection, emergency medical care, and basic human needs (e.g., 
bottled water, latrine facilities, security, and food when necessary) 
when performing their jobs in the direct vicinity of the U.S. Armed 
Forces.

[[Page 1068]]

    Operational area. An overarching term encompassing more descriptive 
terms (such as area of responsibility and joint operations area) for 
geographic areas where military operations are conducted.
    Operational contract support (OCS). The ability to orchestrate and 
synchronize the provision of integrated contract support and management 
of contractor personnel providing support to command-directed 
operations within a designated operational area.
    Operationally critical support. A critical source of supply for 
airlift, sealift, intermodal transportation services, or logistical 
support that is essential to the mobilization, deployment, or 
sustainment of the U.S. Armed Forces in applicable operations.
    Prime contractor. Any supplier, distributor, vendor, or firm that 
has entered into a contract with the United States government.
    Replacement centers. Centers at selected installations that ensure 
necessary accountability, training, and processing actions are taken to 
prepare personnel for onward movement and deployment to a designated 
operational area.
    Requiring activity. A military or other designated supported 
organization that identifies the need for and receives contracted 
support to meet mission requirements during military operations.
    Subcontractor. Any supplier, distributor, vendor, or firm that 
furnishes supplies or services to or for a prime contractor or another 
subcontractor.
    Synchronized Pre-deployment Operational Tracker-Enterprise System 
(SPOT-ES). A common joint database used to maintain contractor 
personnel visibility and accountability in applicable operations. 
References to SPOT-ES in this part will refer to that system or any 
database system that supersedes it for use in OCS.
    Systems support contract. Contracts awarded by Military Service 
acquisition program management offices that provide fielding support, 
technical support, maintenance support, and, in some cases, repair 
parts support, for selected military weapon and support systems.
    Theater business clearance. A CCDR policy or process to ensure 
visibility of and control over systems support and external support 
contracts executing or delivering support in designated areas of 
operations.
    Theater support contract. A type of contract awarded by contracting 
officers deployed to an operational area serving under the direct 
contracting authority of the Military Service component, special 
operations force command, or designated joint contracting authority for 
the designated operation.
    Total force. The organizations, units, and individuals that 
comprise the DoD resources for implementing the National Security 
Strategy. It includes DoD Active and Reserve Component military 
personnel, military retired members, DoD civilian personnel (including 
foreign national direct- and indirect-hires, as well as nonappropriated 
fund employees), contractors, and host-nation support personnel. (For 
source information, see paragraph (a) of appendix A to this part.)
    Uncertain environment. Operational environment in which host 
government forces, whether opposed to or receptive to operations that a 
unit intends to conduct, do not have totally effective control of the 
territory and population in the intended operational area.


Sec.  158.4  Policy.

    It is DoD policy that:
    (a) Defense contractor personnel are part of the total force. (See 
paragraph (a) of appendix A of this part).
    (b) DoD Components implement OCS functions, including contract 
support integration, contracting support, and contractor management, 
during applicable operations.
    (c) DoD Components will use contracted support only in appropriate 
situations, consistent with 48 CFR subpart 7.5, 48 CFR subpart 207.5, 
and Office of Federal Procurement Policy (OFPP) Policy Letter 11-01 
(available at https://www.federalregister.gov/documents/2011/09/12/2011-23165/publication-of-the-office-of-federal-procurement-policy-ofpp-policy-letter-11-01-performance-of), and paragraph (b) of appendix 
A to this part.
    (d) Generally, contractors are responsible for providing their 
employees with all life, mission, medical, logistics, and 
administrative support necessary to perform the contract. However, in 
many operations, especially in those in which conditions are austere, 
hostile, and/or non-permissive, the contracting officer may decide it 
is in the interest of the U.S. Government to allow for selected life, 
mission, medical, logistics, and administrative support to be provided 
to contractor personnel to ensure continuation of essential contractor 
services. Contractors authorized to accompany the force (CAAF) may 
receive U.S. Government-furnished support commensurate with the 
operational situation in accordance with the terms of the contract.
    (e) A common joint database (i.e., the Synchronized Predeployment 
and Operational Tracker-Enterprise Suite (SPOT-ES) or its successor) 
will be used to maintain contractor personnel visibility and 
accountability in applicable operations. References to SPOT-ES in this 
part will refer to that system or any database system that supersedes 
it for contractor personnel visibility and accountability.
    (f) Solicitations and contracts will:
    (1) Require defense contractors to provide personnel who are ready 
to perform contract duties in applicable operations and environments by 
verifying the medical, dental, and psychological fitness of their 
employees and, if applicable, by ensuring currency of any professional 
qualifications and associated certification requirements needed for 
employees to perform contractual duties.
    (2) Incorporate contractual terms and clauses into the contract 
that are consistent with applicable host nation (HN) laws and 
agreements or designated operational area performance considerations.
    (g) Contracts for highly sensitive, classified, cryptologic, or 
intelligence projects and programs must implement this rule to the 
maximum extent possible, consistent with applicable laws, Executive 
orders, presidential directives, and relevant DoD issuances. To the 
extent that contracting activities are unable to comply with this rule, 
they should submit a request for a waiver to the Under Secretary of 
Defense for Acquisition and Sustainment (USD(A&S)). Waiver requests 
should include specific information providing the rationale regarding 
the inability to comply with this rule.


Sec.  158.5  Procedures.

    (a) Planning considerations and requirements; requirements for 
publication. CCDRs will make management policies and specific OCS 
requirements for contractual support available to affected contractor 
personnel. The Geographic Combatant Commander (GCC) OCS web page will 
set forth the following:
    (1) Theater business clearance (TBC) requirements for contracts 
currently being performed and delivering contracted support in the 
CCDR's AOR.
    (2) Restrictions imposed by applicable local laws, international 
law, status of forces agreements (SOFAs), and other agreements with the 
HN.
    (3) CAAF-related deployment requirements, including, but not 
limited to:

[[Page 1069]]

    (i) Pre-deployment and required individual protective equipment 
(IPE) training.
    (ii) Physical health standards.
    (iii) Immunization and medical requirements.
    (iv) Deployment procedures and theater reception.
    (4) Reporting requirements for accountability and visibility of 
contractor personnel and associated contracts.
    (5) Operational security (OPSEC) plans and restrictions.
    (6) Force protection policies.
    (7) Personnel recovery procedures.
    (8) Availability of medical and other authorized U.S. Government 
support (AGS).
    (9) Redeployment procedures, including disposition of U.S. 
Government-furnished equipment.
    (b) Contractual relationships. The contract provides the only legal 
basis for the contractual relationship between the DoD and the 
contractor. The contracting officer is the only individual with the 
legal authority to enter into such a binding relationship with the 
contractor.
    (1) Commanders have the ability to restrict installation access, 
and contractor personnel must comply with applicable CCDR and local 
commander force protection policies. However, military commanders or 
unit personnel do not have contracting authority over contractors or 
contractor personnel and may not direct contractors or contractor 
personnel to perform contractual tasks. Moreover, the contract does not 
provide a basis for commanders to exercise operational control or 
tactical control over contractors or their personnel or to assign or 
attach contractors or their personnel to a command or organization.
    (2) The contract must specify:
    (i) The terms and conditions under which the contractor is to 
perform, including minimum acceptable professional and technical 
standards.
    (ii) The method by which the contracting officer will notify the 
contractor of the deployment procedures to process contractor personnel 
who are deploying to the operational area.
    (iii) The specific contractual support terms and agreement between 
the contractor and DoD.
    (iv) The appropriate flow-down of provisions and clauses to 
subcontractors and state that the service performed by contractor 
personnel is not considered to be active duty or active service. For 
more information, see paragraph (c) in appendix A to this part, and 38 
U.S.C. 106, ``Active Duty Service Determinations for Civilian or 
Contractual Groups.''
    (3) The contract must contain applicable clauses to ensure 
efficient deployment, accountability, visibility, protection, and 
redeployment of contractor personnel and detail authorized levels of 
health service, sustainment, and other support that is authorized to be 
provided to contractor personnel supporting applicable operations 
outside the United States.
    (c) Restrictions on contractors performing inherently governmental 
functions. (1) Paragraph (c) of appendix A of this part, 48 CFR subpart 
7.5, 48 CFR subpart 207.5; Public Law 105-270 and Office of Management 
and Budget Circular No. A-76 (available at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A76/a76_incl_tech_correction.pdf) bar inherently governmental functions and 
duties from private sector performance.
    (2) Contractor personnel may provide support during applicable 
operations, including, but not limited to:
    (i) Transporting munitions and other supplies.
    (ii) Providing communications support.
    (iii) Performing maintenance functions for military equipment.
    (iv) Providing force protection and private security services.
    (v) Providing foreign language interpretation and translation 
services.
    (vi) Providing logistics services, such as billeting and messing.
    (vii) Intelligence surveillance and reconnaissance support.
    (viii) Commercial air assets.
    (3) The requiring official will review each service performed by 
contractor personnel in applicable operations on a case-by-case basis 
to ensure compliance with paragraph (b) of appendix A of this part and 
applicable laws and international agreements.
    (4) Restrictions on use of contractor personnel for private 
security services. A contractor may be authorized to provide private 
security services only if such authorization is consistent with 
applicable U.S., local, and international law, including applicable 
agreements with the HN or other applicable international agreements, 
and 32 CFR part 159. For more information, see paragraph (b) of 
appendix A of this part and 48 CFR subpart 252.2, which provide 
specific procedures and guidance.
    (d) Combating trafficking in persons. Trafficking in persons is a 
violation of U.S. law and internationally recognized human rights, and 
is incompatible with DoD core values.
    (1) 48 CFR subpart 222.17 and 48 CFR 52.222-50 also known and 
referred to as Combating Trafficking in Persons, describe how 
contractors, contracting officers and their representatives, and 
commanders must deter activities such as prostitution, forced labor, 
and other related activities contributing to trafficking in persons. 
For more information, see paragraph (d) of appendix A to this part.
    (2) Contracts in support of applicable operations will include 
terms and provisions that require that the contractor remove personnel 
from the performance of the contract and return any of its personnel 
who have been determined to have engaged in any of the activities 
mentioned in paragraph (h)(4)(v)(H) of this section from the 
operational area to the home of record, point of origin, or an 
authorized location at the end of contract performance or sooner as 
directed by the contracting officer. Once notified of such an incident, 
the contracting officer will notify the commander responsible in the 
AOR and provide any information required to support an investigation. 
For more information, see 48 CFR subpart 222.17.
    (e) CAAF designation, legal status, credentialing, and security 
clearance requirements--(1) CAAF designation. (i) CAAF designation is 
provided to contractor personnel, including all tiers of subcontractor 
personnel, through a letter of authorization (LOA). CAAF generally 
include all U.S. citizen and third country national (TCN) employees not 
normally residing within the operational area whose area of performance 
is in the direct vicinity of the U.S. Armed Forces and who routinely 
are co-located with the U.S. Armed Forces, especially in non-permissive 
environments. Personnel co-located with the U.S. Armed Forces will be 
afforded CAAF status through an LOA.
    (ii) In some cases, CCDRs or subordinate commanders may designate 
mission-essential HN or LN contractor personnel as CAAF unless 
otherwise precluded by HN law, a SOFA, or other agreement. In general, 
LNs are only afforded CAAF status when they assume great personal risk 
to perform an essential function.
    (iii) Personnel who do not receive a CAAF designation are referred 
to as non-CAAF. Individuals' CAAF status may change depending on where 
their employers or the provisions of their contract details them to 
work. CAAF designation may affect, but does not necessarily affect, a 
person's legal status under the law of war and the treatment to which 
that person is entitled under

[[Page 1070]]

the 1949 Geneva Conventions if that person falls into the power of the 
enemy during international armed conflict. Although CAAF are regarded 
as ``persons authorized to accompany the armed forces,'' personnel who 
are not CAAF may also receive this status under the law of war. For 
more information, see Sec.  4.15 of paragraph (e) of appendix A of this 
part. In addition, although CAAF designation and access to AGS often 
coincide, CAAF status does not determine AGS provided.
    (2) Legal status. In implementing this part, the DoD Component 
heads must abide by applicable laws, regulations, international 
agreements, and DoD policy as they relate to contractor personnel 
performing contractual support in support of applicable operations.
    (i) HN and third country laws. All contractor personnel must comply 
with applicable HN and third country laws. The applicability of HN and 
third country laws may be affected by international agreements (e.g., 
agreements between the United States and the HN) and customary 
international law (e.g., limits imposed by customary international law 
on the reach of third country laws).
    (A) U.S., HN, or other countries may hire contractor personnel 
whose status may change (e.g., from non-CAAF to CAAF) depending on 
where in the operational AOR their employers or the provisions of their 
contracts detail them to work.
    (B) CCDRs, as well as subordinate commanders, Military Service 
Component commanders, the Directors of the Defense Agencies, and 
Directors of DoD Field Activities should recognize limiting factors 
regarding the employment of LN and TCN personnel. Limiting factors 
include, but are not limited to:
    (1) Imported labor worker permits.
    (2) Workforce and hour restrictions.
    (3) Medical, life, and disability insurance coverage.
    (4) Taxes, customs, and duties.
    (5) Cost of living allowances.
    (6) Hardship differentials.
    (7) Access to classified information.
    (8) Hazardous duty pay.
    (ii) U.S. laws. U.S. citizens and CAAF, with some exceptions, are 
subject to U.S. laws and U.S. Government regulations.
    (A) All U.S. citizen and TCN CAAF are subject to potential 
prosecutorial action under the criminal jurisdiction of the United 
States, including, but not limited to, 18 U.S.C. 3261, also known and 
referred to in this part as the Military Extraterritorial Jurisdiction 
Act of 2000 (MEJA). MEJA extends U.S. federal criminal jurisdiction to 
certain contractor personnel for offenses committed outside U.S. 
territory.
    (B) The March 10, 2008, Secretary of Defense Memorandum states that 
contractor personnel are subject to prosecution pursuant to 10 U.S.C. 
Chapter 47, also known and referred to in this part as the Uniform Code 
of Military Justice (UCMJ), when serving overseas in support of a 
declared war or contingency, and provides guidance to commanders on the 
exercise of this UCMJ jurisdiction.
    (C) Other U.S. law may allow prosecution of offenses by contractor 
personnel (e.g., 18 U.S.C. 7).
    (3) 1949 Geneva Conventions. The 1949 Geneva Conventions, including 
the Geneva Convention Relative to the Treatment of Prisoners of War, 
may be applicable to certain contractor personnel who fall into the 
power of the enemy during international armed conflict.
    (i) All contractor personnel may be at risk of injury or death 
incidental to enemy actions while supporting military operations.
    (ii) Contractor personnel with CAAF status will receive an 
appropriate identification card required by the Geneva Convention 
Relative to the Treatment of Prisoners of War, consistent with 
paragraph (f) of appendix A to this part.
    (iii) CAAF may be used in support of applicable operations, 
consistent with the terms of U.S. Government authorization. If they 
fall into the power of the enemy during international armed conflict, 
contractor personnel with CAAF status are entitled to prisoner of war 
status.
    (4) Credentialing. Contracts must require CAAF to receive an 
identification card with the Geneva Convention's category of persons 
authorized to accompany the armed forces. For more information, see 
paragraphs (f) through (h) of appendix A to this part. At the time of 
identification card issuance, CAAF must present their SPOT-ES-generated 
LOA as proof of eligibility.
    (i) Sponsorship must incorporate the processes for confirming 
eligibility for an identification card. The sponsor is the person 
affiliated with the DoD or another Federal agency that takes 
responsibility for verifying and authorizing an applicant's need for a 
Geneva Convention identification card. A DoD official or employee must 
sponsor applicants for a common access card (CAC).
    (ii) Individuals who have multiple DoD personnel category codes 
(e.g., an individual who is both a reservist and a contractor) will 
receive a separate identification card in each personnel category for 
which they are eligible. Individuals under a single personnel category 
code may not hold multiple current identification cards of the same 
form.
    (5) Security clearance requirements. To the extent necessary, the 
contract must require the contractor to provide personnel who have the 
appropriate security clearance or who are able to satisfy the 
appropriate background investigation requirements to obtain access 
required to perform contractual requirements in support of the 
applicable operation.
    (f) Considerations for support to contractors--(1) U.S. Government 
support. Generally, contracts supporting applicable operations must 
require contractors to provide to their personnel all life, mission, 
medical, and administrative support necessary to perform the 
contractual requirements and meet CCDR guidance posted on the GCC OCS 
web page. In some operations, especially those in which conditions are 
austere, uncertain, or non-permissive, the CCDR may decide it is in the 
U.S. Government's interest for the DoD to allow contractor personnel 
access to selected AGS. The contract must state the level of access to 
AGS in its terms and conditions.
    (i) In operations where conditions are austere, uncertain, or non-
permissive, the contracting officer will consult with the requiring 
activity to determine if it is in the U.S. Government's interests to 
allow for selected life, mission, medical, and administrative support 
to certain contractor personnel.
    (ii) The solicitation and contract must specify the level of AGS 
that the U.S. Government will provide to contractor personnel and what 
support provided to the contractor personnel is reimbursable to the 
U.S. Government.
    (iii) Access to DoD benefits facilitated by the identification card 
may be granted to contractors under certain circumstances. For more 
information, see paragraph (i) of appendix A to this part.
    (2) IPE. When necessary or directed by the CCDR, the contracting 
officer will include language in the contract authorizing the issuance 
of military IPE (e.g., chemical, biological, radiological, nuclear 
(CBRN) protective ensemble, body armor, ballistic helmet) to contractor 
personnel as part of AGS.
    (i) Typically, IPE will be issued by the central issue facility at 
the deployment center before deployment to the designated operational 
area and must be accounted for and returned to the U.S. Government or 
otherwise accounted for,

[[Page 1071]]

in accordance with appropriate DoD Component regulations, directives, 
and instructions.
    (ii) Contractor personnel deployment training will include training 
on the proper care, fitting, and maintenance of protective equipment, 
whether issued by the U.S. Government or provided by the contractor in 
accordance with the contractual requirements. This training will 
include practical exercises within mission-oriented protective posture 
levels.
    (iii) When the terms and conditions of a contract require a 
contractor to provide IPE, such IPE must meet minimum standards as 
defined by the contract.
    (3) Clothing. Contractors, or their personnel, must provide their 
own personal clothing, including casual and work clothing required to 
perform the contract requirements.
    (i) Generally, CCDRs will not authorize the issuance of military 
clothing to contractor personnel or will not allow the wearing of 
military or military look-alike uniforms. Contractor personnel are 
prohibited from wearing military clothing unless specifically 
authorized in writing by the CCDR. However, a CCDR or subordinate joint 
force commander (JFC) deployed forward may authorize contractor 
personnel to wear standard uniform items for operational reasons. 
Contracts must include terms and clauses that require that this 
authorization be provided in writing by the CCDR and that the uniforms 
are maintained in the possession of authorized contractor personnel at 
all times.
    (ii) When commanders issue any type of standard uniform item to 
contractor personnel, care must be taken to ensure that contractor 
personnel are distinguishable from military personnel through the use 
of distinctive patches, arm bands, nametags, or headgear, consistent 
with force protection measures, and that contractor personnel carry the 
CCDR's written authorization with them at all times.
    (4) Weapons. Contractor personnel are not authorized to possess or 
carry firearms or ammunition during applicable operations, except as 
provided in paragraph (h)(2)(ii) of this section and 32 CFR part 159. 
The contract will provide the terms and conditions governing the 
possession of firearms by contractor personnel. Information on all 
weapons authorized for contractors and their personnel will be entered 
into the SPOT-ES database.
    (5) Mortuary affairs. The DoD Mortuary Affairs Program, as 
described in paragraph (j) of appendix A to this part, covers all CAAF 
who die while performing contractual requirements in support of the 
U.S. Armed Forces. Mortuary affairs support and transportation will be 
provided on a reimbursable basis for the recovery, identification, and 
disposition of remains and personal effects of CAAF.
    (i) Every effort must be made to identify remains and account for 
un-recovered remains of contractor personnel and their dependents who 
die in military operations, training accidents, and other incidents. 
The remains of contractor personnel who die as the result of an 
incident in support of military operations are afforded the same 
dignity and respect afforded to military remains. For more information, 
see paragraph (k) of appendix A to this part.
    (ii) The DoD may provide mortuary affairs support and 
transportation on a reimbursable basis for the recovery, 
identification, and disposition of remains and personal effects of non-
CAAF at the request of the Department of State (DOS) and in accordance 
with this rule, applicable agreements with the HN, and applicable 
contract provisions. The Under Secretary of Defense for Personnel and 
Readiness (USD(P&R)) will coordinate this support with the DOS, 
including for cost reimbursement to the DoD Component for the provision 
of this support.
    (iii) The responsibility for coordinating the transfer of non-CAAF 
remains to the HN or affected nation resides with the GCC in 
coordination with the DOS, through the respective embassies, or through 
the International Committee of the Red Cross, the International 
Federation of the Red Cross or Red Crescent Societies, as appropriate, 
and in accordance with applicable contract clauses.
    (6) Medical support and evacuation. Generally, the DoD will provide 
only resuscitative care, stabilization, and hospitalization at military 
medical treatment facilities (MTFs) and assistance with patient 
movement in emergencies where loss of life, limb, or eyesight could 
occur. The DoD Foreign Clearance Guide (FCG) and the GCC OCS web pages 
contain theater-specific contract language to provide contract terms to 
clarify available healthcare for contractor personnel. During 
operations in austere, uncertain, or hostile environments, CAAF may 
encounter situations in which they cannot access adequate medical 
support in the local area.
    (i) All costs associated with the treatment and transportation of 
contractor personnel to the selected civilian facility are reimbursable 
to the U.S. Government and are the responsibility of contractor 
personnel, their employers, or their health insurance providers. For 
more information, see paragraph (l) of appendix A to this part. Nothing 
in this paragraph is intended to affect the allowability of costs 
incurred under a contract.
    (ii) Medical support and evacuation procedures:
    (A) All CAAF will normally be afforded emergency medical and dental 
care if injured while supporting applicable operations. Additionally, 
non-CAAF who are injured while in the vicinity of the U.S. Armed Forces 
while supporting applicable operations also normally will receive 
emergency medical and dental care. Emergency medical and dental care 
includes medical care situations in which life, limb, or eyesight is 
jeopardized. Examples of emergency medical and dental care include:
    (1) Examination and initial treatment of victims of sexual assault.
    (2) Refills of prescriptions for life-dependent drugs.
    (3) Repair of broken bones, lacerations, and infections.
    (4) Traumatic injuries to the teeth.
    (B) MTFs normally will not authorize or provide primary medical or 
dental care to CAAF. When required and authorized by the CCDR or 
subordinate JFC, this support must be specifically authorized under the 
terms and conditions of the contract and detailed in the corresponding 
LOA. Primary care is not authorized for non-CAAF. Primary care 
includes:
    (1) Routine inpatient and outpatient services.
    (2) Non-emergency evacuation.
    (3) Pharmaceutical support (with the exception of emergency refills 
of prescriptions for life-dependent drugs).
    (4) Non-emergency dental services.
    (5) Other medical support, as determined by the CCDR or JFC based 
on recommendations from the cognizant medical authority and the 
existing capabilities of the forward-deployed MTFs.
    (C) The DoD will not provide long-term care to contractor 
personnel.
    (D) The CCDR or subordinate commander has the authority to 
quarantine or restrict movement of contractor personnel. For more 
information, see paragraph (m) of appendix A to this part.
    (E) When CAAF are evacuated for medical reasons from the designated 
operational area to MTFs funded by the Defense Health Program, normal 
reimbursement policies will apply for services rendered by the 
facility. If CAAF require medical evacuation

[[Page 1072]]

outside the United States, the sending MTF staff will assist the CAAF 
in making arrangements for transfer to a civilian facility of the 
CAAF's choice. When U.S. forces provide emergency medical care to LN 
contractor personnel, these patients will use HN transportation means, 
when possible, for evacuation or transportation to their local medical 
systems. For more information, see paragraph (n) of appendix A to this 
part.
    (7) Other AGS. 48 CFR subpart 225.3 lists types of support that may 
be authorized for contractor personnel who are deployed with or 
otherwise provide support to applicable operations, which may include 
transportation to and within the operational area, mess operations, 
quarters, phone service, religious support, and laundry.
    (i) Contractor personnel of U.S. owned-contractors who are 
supporting DoD activities may be authorized the use of the military 
postal service. For more information, see paragraph (o) of appendix A 
to this part. The extent of postal support will be set forth in the 
contract. The provisions for postal support in such contracts must be 
reviewed and approved by the applicable CCDR, or the designated 
representative, and the Military Department concerned before execution 
of the contract.
    (ii) Morale, welfare, and recreation and exchange services are 
authorized for contractor personnel who are U.S. citizens supporting 
DoD activities outside the United States. For more information, see 
paragraphs (p) and (q) of appendix A to this part.
    (g) Accountability and visibility of contracts and contractor 
personnel. (1) During applicable operations, contractors will use SPOT-
ES as follows:
    (i) All CAAF will register in SPOT-ES by name.
    (ii) Non-CAAF will be registered in SPOT-ES by name if they are 
performing on a DoD contract for at least 30 consecutive days unless a 
lesser number of days is requested by the CCDR or if they require 
access to a U.S. or coalition-controlled installation. Contracting 
officers will ensure non-CAAF who require access to U.S. or coalition-
controlled installations are registered in SPOT-ES before requesting or 
receiving installation access.
    (iii) All private security contractor personnel and all other 
contractor personnel authorized to carry weapons, regardless of the 
length of the performance or contract value, will register in SPOT-ES 
by name.
    (iv) During operations other than contingency operations, 
humanitarian assistance, or peace operations, contractors will use 
SPOT-ES in situations required by the CCDR and as follows:
    (2) To account for:
    (i) All U.S. citizen and TCN contractor personnel.
    (ii) All private security contractor personnel and all other 
contractor personnel authorized to carry weapons, where the designated 
area and place of performance are outside the United States, regardless 
of the length of performance or contract value.
    (3) The contracting officer will account for an estimated total 
number of LNs employed under the contract, by country or on a monthly 
basis.
    (4) Contract linguists will register in SPOT-ES in the same manner 
as other contractor personnel and will also be tracked using the 
Contract Linguist Enterprise-wide Database. For more information, see 
paragraph (r) of appendix A to this part.
    (5) LNs should be registered in SPOT-ES by name to improve data 
quality and reduce confusion during a transition to accountability 
requirements during a contingency operation, which will require by-name 
accountability.
    (6) The DoD has designated SPOT-ES as the joint web-based database 
to assist the CCDRs in maintaining awareness of the nature, extent, and 
potential risks and capabilities associated with contracted support for 
contingency operations, humanitarian assistance, and peacekeeping 
operations, or military exercises designated by the CCDR. To facilitate 
integration of contractors and other personnel, as directed by the 
USD(A&S) or the CCDR, and to ensure the accurate forecasting and 
provision of accountability, visibility, force protection, medical 
support, personnel recovery, and other related support, the following 
procedures will help establish, maintain, and validate the accuracy of 
information in the database.
    (i) SPOT-ES will:
    (A) Serve as the central repository for deployment status and 
reporting on the contractor personnel as well as other U.S. Government 
agency contractor personnel, as applicable. For additional information, 
see paragraph (s) of appendix A to this part.
    (B) Track information for all DoD contracts that are awarded in 
support of applicable operations outside of the United States, in 
accordance with the SPOT Business Rules and as directed by the 
USD(A&S), 48 CFR subpart 225.3, or the CCDR. SPOT-ES will collect and 
report on:
    (1) The total number of contractor personnel working under 
contracts entered into as of the end of each calendar quarter.
    (2) The total number of contractor personnel performing security 
functions under contracts entered into with the DoD.
    (3) The total number of contractor personnel killed or wounded who 
were performing under any contracts entered into with the DoD.
    (C) Provide personnel accountability via unique identifier (e.g., 
Electronic Data Interchange Personnel Identifier or Foreign 
Identification Number) of contractor personnel and other personnel, as 
directed by the USD(A&S), 48 CFR subpart 225.3, or the CCDR.
    (D) Contain, or link to, minimum contract information necessary to:
    (1) Establish and maintain accountability of the personnel in 
paragraph (g) of this section.
    (2) Maintain information on specific equipment related to the 
performance of private security contracts.
    (3) Maintain oversight information on the contracted support in 
applicable operations.
    (E) Comply with:
    (1) The personnel identity protection program requirements found in 
paragraphs (t) and (u) of appendix A to this part.
    (2) The DoD Information Enterprise architecture. For more 
information, see paragraph (v) of appendix A to this part.
    (3) The interoperability and secure sharing of information 
requirements found in paragraphs (w) through (y) of appendix A to this 
part.
    (ii) Before registering in SPOT-ES, contracting officers, company 
administrators, and U.S. Government administrators or authorities must 
meet minimum training requirements in the SPOT Business Rules.
    (iii) The contractor must enter all required data into SPOT-ES 
before its employees may deploy to or enter a theater of operations, 
and maintain such data, as directed by the USD(A&S), 48 CFR subpart 
225.3, or the CCDR.
    (iv) The contracting officer will enter the DoD contract services 
or capabilities for all contracts that are awarded in support of 
applicable operations, including theater support, external support, and 
systems support contracts, into SPOT-ES consistent with 48 CFR 252.225-
7040.
    (v) In accordance with applicable acquisition policy and 
regulations and under the terms and conditions of each affected 
contract, all contractors awarded contracts that support applicable 
operations must input employee data and maintain accountability, by 
name, of designated

[[Page 1073]]

contractor personnel in SPOT-ES as required by 48 CFR 252.225-7040.
    (A) Contractors must maintain current status of the daily location 
of their employees and, when requested, submit to the COR up-to-date, 
real-time information reflecting all personnel deployed or to be 
deployed in support of applicable operations.
    (B) Prime contractors must enter up-to-date information regarding 
their subcontractors at all tiers into SPOT-ES.
    (vi) In all cases, users providing classified information in 
response to the requirements of this part must report and maintain that 
information on systems approved for the level of classification of the 
information provided.
    (7) The contracting officer or his or her designee will ensure a 
SPOT-ES-generated LOA has been issued to all CAAF who are approved to 
deploy, as required by 48 CFR 252.225-7040, and selected non-CAAF 
(e.g., LN and non-LN employees who are permanent residents in the 
operational area, or TCNs not routinely residing with the U.S. Armed 
Forces who perform support functions away from the close proximity of, 
and do not reside with, the U.S. Armed Forces, and private security 
contractors), pursuant to 48 CFR subpart 225.3, or as otherwise 
designated by the CCDR.
    (i) The contract will require that all contractor personnel issued 
an LOA carry the LOA with them at all times.
    (ii) Reserved.
    (h) Theater admission requirements. Special area, country, and 
theater personnel clearance documents must be current, in accordance 
with the DoD FCG, and coordinated with affected agencies to ensure that 
entry requirements do not adversely affect accomplishment of mission 
requirements.
    (1) CAAF employed in support of DoD missions are considered DoD-
sponsored personnel for DoD FCG purposes.
    (2) Contracting officers must ensure contracts include a 
requirement for contractor personnel to meet theater personnel 
clearance requirements and obtain personnel clearances through the 
Aircraft and Personnel Automated Clearance System before entering a 
designated theater of operations. For more information, see paragraph 
(z) of appendix A to this part.
    (3) Contracts must require contractor personnel to obtain proper 
identification credentials, such as passports, visas, and other 
documents required to enter and exit a designated operational area, and 
have a required Geneva Conventions identification card, or other 
appropriate DoD credential from the deploying center.
    (i) Deployment procedures. Contracts must contain terms and 
conditions that detail the need for contractors to follow these 
credentialing requirements, as required by 48 CFR subpart 225.3, 48 CFR 
252.225-7040, and as outlined in the DoD FCG. At a minimum, contracting 
officers must ensure that contracts address operational area-specific 
contract requirements and the means by which the DoD will inform 
contractor personnel of the requirements and procedures applicable to 
their deployment.
    (1) Deployment center designation. A formally designated group, 
joint, or Military Department deployment center will be used to conduct 
deployment and redeployment processing for CAAF, unless contractor-
performed theater admission preparation is authorized or waived by the 
CCDR or designee pursuant to DoDI 3020.41, ``Operational Contract 
Support (OCS).'' If the contract contains clauses that specify another 
U.S. Government-authorized process that incorporates all the functions 
of a deployment center, such process may also be used by a contractor 
to conduct deployment and redeployment processing for CAAF.
    (2) Medical preparation. (i) In accordance with 32 CFR 158.7, 
contracts must require that contractors provide medically and 
physically qualified contractor personnel to perform duties in 
applicable operations, as outlined in the contract.
    (A) Any CAAF deemed unsuitable to deploy during the deployment 
process due to medical or dental reasons will not be authorized to 
deploy.
    (B) The Secretary of Defense may direct immunizations as mandatory 
for CAAF performing essential contractor services.
    (C) For contracts that employ CAAF who are U.S. citizens, the 
contract must require that contractors make available the medical and 
dental records of deploying employees who authorize release for this 
purpose based on this section, applicable cognizant medical authority 
guidance, and relevant Military Department policy. These records should 
include current panographic x-rays. For more information see paragraph 
(aa) of appendix A to this part.
    (ii) U.S. Government personnel may not involuntarily immunize 
contractor personnel or require contractor personnel to disclose their 
medical records involuntarily. Therefore, the contracting officer will 
provide contractors time to notify and/or hire employees who 
voluntarily consent to U.S. Government medical requirements, including 
to receiving U.S. Government-required immunizations and disclosing 
their private medical information to the U.S. Government.
    (iii) All CAAF will receive medical threat pre-deployment briefings 
at the deployment center to communicate health risks and 
countermeasures in the designated operational area. For more 
information, see paragraph (bb) of appendix A to this part.
    (A) In accordance with GCC or JFC plans and orders, contracts must 
include terms and conditions that fully specify health readiness and 
force health protection capability, either as a responsibility of the 
contractor or the DoD Components, to ensure appropriate medical 
staffing in the operational area.
    (B) Health surveillance activities must include plans for CAAF. For 
more information, see paragraphs (bb) and (cc) of appendix A to this 
part. Section 158.7 of this rule further addresses deoxyribonucleic 
acid (DNA) collection and other medical requirements.
    (3) Training. Joint training policy and guidance for the Military 
Services, including contractors, is provided. For more information, see 
paragraph (dd) of appendix A to this part. CCDRs will place standing 
training requirements on the GCC OCS web pages for reference by 
contractors. Other training requirements that are specific to an 
applicable operation will be placed on the GCC OCS web pages shortly 
after identifying the requirement so that contracting officers can 
incorporate the training requirement into the appropriate contracts as 
soon as possible. Training requirements:
    (i) Must be included, or incorporated by reference in contracts 
employing contractor personnel supporting applicable operations.
    (ii) Include specific requirements established by the CCDR and 
training required in accordance with this rule, 32 CFR part 159, and 
paragraphs (ee) through (hh) of appendix A to this part.
    (4) Deployment center procedures. Affected contracts must require 
that all CAAF deploying from outside the operational area process 
through a designated deployment center or a U.S. Government-authorized, 
contractor-performed deployment processing facility before deploying to 
an applicable operation and redeploy in the same manner. Upon receiving 
the contracted company's certification that employees meet 
deployability requirements, the contracting officer or representative 
will digitally sign the LOA, which CAAF will then present to officials 
at the deployment center. The

[[Page 1074]]

deployment process includes, but is not limited to:
    (i) Verifying registration in SPOT-ES.
    (ii) Issuing applicable U.S. Government-furnished equipment.
    (iii) Verifying the completion of medical and dental screening 
before arrival.
    (iv) Administering required theater-specific immunizations and 
medications not available through healthcare providers in the general 
public.
    (v) Verifying and, when necessary, providing required training, 
country and cultural awareness briefings, and other training and 
briefings, as required by the CCDR. Examples of required training 
include, but are not limited to:
    (A) Law of war, including the 1949 Geneva Conventions.
    (B) Law and policy applicable to detainee operations and 
intelligence interrogation operations, as appropriate.
    (C) General orders.
    (D) Standards of conduct.
    (E) Force protection.
    (F) Personnel recovery.
    (G) First aid.
    (H) Combatting trafficking in persons.
    (I) OPSEC.
    (J) Anti-terrorism.
    (K) Counterintelligence reporting.
    (L) The use of CBRN protective ensemble.
    (M) Deployment health threats briefing.
    (5) Certification. Contracts supporting applicable operations must 
include terms and conditions requiring contractors to certify to the 
authorized U.S. Government representative, before deployment, that each 
individual has completed all required deployment processing actions.
    (6) Legal. Contractor personnel are not entitled to military legal 
assistance in-theater or at the deployment center. Individual 
contractor personnel must have their personal legal affairs in order 
(e.g., preparing and completing powers of attorney, wills, trusts, and 
estate plans) before reporting to deployment centers.
    (7) Waivers. For required contracted support of 17 days or less in 
an operational area, the CCDR or designee may waive a portion of the 
formal procedural requirements pursuant to DoDI 3020.41, ``Operational 
Contract Support (OCS),'' which may include the CCDR or designee 
waiving the requirement in writing for processing through a deployment 
center. However, the CCDR or designee may not waive the requirements to 
possess proper identification cards and to establish and maintain 
accountability for all contractor personnel, or any medical requirement 
without the prior approval of the cognizant medical authority or their 
designee. If a contract authorizes contractor personnel to be armed, 
the requirements of paragraphs (c)(4) and (k)(2) of this section may 
not be waived.
    (j) Reception--(1) Designated reception site. In applicable 
operations, all CAAF must enter into the operational area through a 
designated reception site.
    (i) Based upon a visual inspection of the LOA, the site will verify 
that contractor personnel are entered in SPOT-ES and meet theater-
specific entry requirements.
    (ii) Contractor personnel already in the designated operational 
area when a contingency is declared must report to the designated 
reception site as soon as it is operational based on the terms and 
conditions of the contract.
    (iii) When entering a designated reception site for theater entry 
processing, if any CAAF does not have the proper documentation to 
perform in an area, he or she will be refused entry into the theater, 
and the contracting officer will notify the contractor to take the 
necessary action to resolve the issue. Should the contractor fail to 
take action, the CAAF individual will be sent back to his or her 
departure point, or directed to report to the Military Service 
Component command or Defense Agency responsible for that specific 
contract for theater entrance processing.
    (2) Contractor integration. It is critical that CAAF brought into 
an operational area are properly integrated into the military operation 
through a formal reception process. At a minimum, they will:
    (i) Meet theater entry requirements and be authorized to enter the 
theater.
    (ii) Be accounted for in SPOT-ES.
    (iii) Possess any required IPE, including CBRN protective ensemble.
    (iv) Be authorized any contractually required AGS and force 
protection.
    (k) In-theater management--(1) Conduct and discipline. Contract 
terms and conditions must require that CAAF comply with CCDR theater 
orders, applicable directives, laws, and regulations. Non-CAAF who 
require base access to perform contractual requirements must follow 
base force protection and security-related procedures, as applicable.
    (i) The contracting officer may appoint a designee (usually a COR) 
as a liaison between the contracting officer and the contractor and 
requiring activity. This designee monitors and reports contractor 
performance and requiring activity concerns to the contracting officer. 
In emergency situations (e.g., enemy or terrorist actions or natural 
disaster), the cognizant military commander may recommend or issue 
warnings or messages urging contractor personnel to take emergency 
actions to remove themselves from harm's way or to take other 
appropriate self-protective measures. During armed conflict, contractor 
personnel are not exempt from the authority that commanders may 
exercise to control the movement of persons and vehicles within the 
immediate vicinity of operations. For more information, see Sec. Sec.  
5.2.2.1, 13.8, and 14.6 of paragraph (e) of appendix A to this part.
    (ii) The contractor is responsible for disciplining contractor 
personnel, as necessary and appropriate. However, in accordance with 
paragraph (h)(1) of 48 CFR 252.225-7040, the contracting officer may 
direct the contractor, at its own expense, to remove and replace any 
contractor personnel who jeopardize or interfere with mission 
accomplishment, who threaten force protection measures, or who fail to 
comply with or violate applicable requirements of the contract. Such 
action may:
    (A) Include contractor personnel whose actual field performance 
(certification or professional standard) is below the contractual 
requirement.
    (B) Be taken at U.S. Government discretion without prejudice to the 
contractor's rights under any other provision of the contract. A 
commander also has the authority to take certain actions affecting 
contractor personnel, such as the ability to revoke or suspend security 
access or impose restrictions from access to military installations or 
specific worksites.
    (iii) CAAF, or individuals employed by or accompanying the Military 
Services outside the United States, are subject to potential 
prosecutorial action under the criminal jurisdiction of the United 
States, pursuant to Sections 7, 2441, 2442, or 3261 of Title 18, 
U.S.C., or other provisions of U.S. law, including the UCMJ.
    (A) Commanders possess significant authority to act whenever 
criminal acts are committed by anyone subject to the MEJA and UCMJ that 
relates to or affects the commander's responsibilities. This includes 
situations in which the alleged offender's precise identity or actual 
affiliation is undetermined. The March 10, 2008, Secretary of Defense 
Memorandum provides guidance to commanders on the exercise of this UCMJ 
jurisdiction over DoD contractor personnel serving with or accompanying 
the U.S. Armed Forces overseas during declared war and in contingency 
operations.
    (B) Contracting officers will ensure that contractors are aware of 
their

[[Page 1075]]

employees' status and liabilities as CAAF and the required training 
associated with this status.
    (C) CCDRs retain authority to respond to an incident, restore 
safety and order, investigate, apprehend suspected offenders, and 
otherwise address the immediate needs of the situation.
    (iv) The Department of Justice may prosecute misconduct under 
applicable Federal laws, including MEJA and 18 U.S.C. 2441. Contractor 
personnel also are normally subject to the domestic criminal law of the 
local country. When confronted with disciplinary problems involving 
contractor personnel, commanders should seek the assistance of their 
legal staff, the contracting officer responsible for the contract, and 
the contractor's management team.
    (v) In the event of an investigation of reported offenses allegedly 
committed by or against contractor personnel, appropriate investigative 
authorities will keep the contracting officer informed, to the extent 
possible without compromising the investigation, if the alleged offense 
has a potential contract performance implication.
    (2) Force protection and weapons issuance. CCDRs must include 
contractor personnel in their force protection planning and communicate 
the results to contracting activities and contractors via the GCC OCS 
web page. In general, contractors are responsible for the security of 
their own personnel. Contractor personnel working within a U.S. 
military facility or in close proximity to the U.S. Armed Forces may 
receive incidentally the benefits of measures taken to protect the U.S. 
Armed Forces. For more information, see paragraph (ee) of appendix A to 
this part. However, where additional security is needed to achieve 
force protection, and it is not operationally or cost effective for 
contractors to do so individually, the commander may determine it is in 
the interests of the U.S. Government to provide security for contractor 
personnel. When security is provided through military means, contractor 
personnel should receive a level of force protection equal to that of 
DoD civilian employees.
    (i) When the CCDR deems military force protection and legitimate 
civil authority are unavailable or insufficient, he or she may 
authorize, in writing, contractor personnel to be armed for self-
defense purposes only. In authorizing contractor personnel to be armed, 
the contractor, the armed contractor personnel, and the U.S. military 
must adhere to:
    (A) Applicable U.S., HN, and international law;
    (B) Relevant SOFAs and other agreements;
    (C) Other arrangements with local authorities; and
    (D) The rules for the use of force, and guidance and orders 
regarding the possession, use, safety, accountability of weapons and 
ammunition that are issued by the CCDR.
    (ii) Depending on the operational situation and the specific 
circumstances of contractor personnel, the contractor may apply for its 
personnel to be armed for self-defense purposes on a case-by-case 
basis. The appropriate Staff Judge Advocate (or their designee) to the 
CCDR will review all applications to ensure there is a legal basis for 
approval. In reviewing applications, CCDRs will apply the criteria 
mandated for arming contractor personnel for private security services 
consistent with 32 CFR part 159.
    (A) In such cases, the contractor will validate to the contracting 
officer, or designee, that the contractor personnel have received 
weapons familiarization, qualification, and briefings regarding the 
rules for the use of force, in accordance with CCDR policies.
    (B) Acceptance of weapons by contractor personnel is voluntary. In 
accordance with paragraph (j) of 48 CFR 252.225-7040, the contract must 
require contractors to ensure that applicable U.S. law does not 
prohibit personnel from possessing firearms.
    (C) Contracts must require all contractor personnel to comply with 
applicable CCDR and local commander force protection policies. When 
armed for personal protection, the contract may only authorize 
contractor personnel to use force for self-defense and must require 
contractors to ensure that U.S. law does not prohibit its personnel 
from possessing firearms, in accordance with paragraph (j) of 48 CFR 
252.225-7040. Unless not subject to local laws or HN jurisdiction by 
virtue of an international agreement or customary international law, 
the contract must include terms and conditions setting forth that the 
inappropriate use of force could subject contractor personnel to U.S. 
and/or local or HN prosecution and civil liability.
    (3) Personnel recovery, missing persons, and casualty reporting. 
(i) The DoD personnel recovery program applies to all CAAF regardless 
of their citizenship. For more information, see paragraph (ii) of 
appendix A to this part. If a CAAF individual becomes isolated or 
unaccounted for, the contractor must promptly file a search and rescue 
incident report to the theater's personnel recovery architecture (e.g., 
the component personnel recovery coordination cell or the CCMD joint 
personnel recovery center).
    (ii) Upon recovery following an isolating event, a CAAF returnee 
must enter the first of the three phases of reintegration. For more 
information, see paragraph (jj) of appendix A to this part. The 
contractor must offer the additional phases of reintegration to the 
returnee to ensure his or her physical and psychological well-being 
while adjusting to the post-captivity environment.
    (iii) The contractor must report all CAAF and non-CAAF casualties. 
For more information, see paragraph (s) of appendix A to this part.
    (l) Redeployment procedures. The considerations in this section 
apply during the redeployment of CAAF. At the end of the performance 
period of a contract, or in cases of early redeployment, CAAF must 
complete the redeployment process to adjust AGS requirements and turn 
in U.S. Government-provided equipment.
    (1) Preparation for redeployment. CAAF must complete intelligence 
out-briefs and customs and immigration briefings and inspections in 
accordance with CCDR policy and applicable HN law. CAAF are subject to 
customs and immigration processing procedures at all designated stops 
and their final destination during their redeployment. CAAF returning 
to the United States are subject to U.S. reentry customs requirements 
in effect at the time of reentry.
    (2) Transportation out of theater. The terms and conditions of the 
contract will state whether the U.S. Government will provide 
transportation out of theater.
    (i) Upon completion of the deployment or other authorized release, 
the U.S. Government must provide contractor personnel transportation 
from the theater of operations to the location from which they 
deployed, in accordance with each individual's LOA and unless otherwise 
directed. If commercial transportation is not available, it should be 
stated in the LOA in accordance with paragraph (l) of appendix A to 
this part. CAAF are also required to depart from the operational area 
through the designated reception site.
    (ii) Before redeployment, the contractor personnel, through his or 
her contractor, will coordinate exit times and transportation with the 
continental U.S. replacement center or designated reception site.
    (3) Redeployment center procedures. In most instances, the 
deployment center or site that prepared the CAAF for deployment will 
serve as the return

[[Page 1076]]

processing center. As part of CAAF redeployment processing, the 
designated reception site personnel will screen contractor records, 
recover U.S. Government-issued identification cards and equipment, and 
conduct debriefings, as appropriate. The returning CAAF will spend the 
minimum amount of time possible at the return processing center in 
order to complete the necessary administrative procedures.
    (i) Contractor personnel must return all U.S. Government-issued 
identification and access badges (e.g., badges, key cards, and other 
access devices, including CACs).
    (ii) Contractor personnel must return any issued clothing and 
equipment and report any lost, damaged, or destroyed clothing and 
equipment in accordance with procedures of the issuing facility. 
Contractor personnel also will receive a post-deployment medical 
briefing on signs and symptoms of potential diseases (e.g., 
tuberculosis (TB)). As some countries hosting an intermediate staging 
base may not permit certain items to enter their territory, certain 
clothing and equipment, whether issued by the contractor, purchased by 
the employee, or provided by the DoD, may not be permitted to be 
removed from the AOR. In this case, CCDR or JFC guidance and contract 
terms and conditions will provide alternate methods of accounting for 
U.S. Government-issued equipment and clothing.
    (4) Update to SPOT-ES. Contracting officers or their designated 
representatives must verify that contractors have updated SPOT-ES to 
reflect their employee's change in status within three days of a 
contractor employee's redeployment, close out the deployment, and 
collect or revoke the LOA.
    (5) Transportation to home destination. Transportation of CAAF from 
the deployment center or site to their home destinations is the 
employer's responsibility.


Sec.  158.6  Guidance for contractor medical and dental fitness.

    (a) General. (1) DoD contracts requiring the deployment of CAAF 
must include medical and dental fitness requirements as specified in 
this section. Under the terms and conditions of their contracts, 
contractors will employ personnel who meet such medical and dental 
requirements. Replacement of non-medically qualified contractor 
personnel already deployed to theater will be at the contractor's cost.
    (2) The GCC concerned will establish force health protection 
policies and programs for the protection of all forces assigned or 
attached to their command in accordance with force health protection 
(FHP) standards and applicable medical and dental standards of fitness 
in order to promote and sustain a healthy and fit force. For more 
information, see paragraph (kk) of appendix A to this part. When the 
requiring activity requests exceptions to these standards through the 
contracting officer, the CCDR concerned will establish a process for 
reviewing such exceptions and ensuring that a mechanism is in place to 
track and archive all approved and denied waivers, including the 
medical condition supporting the basis for the waiver.
    (3) The GCC concerned will ensure that processes and procedures are 
in place to remove contractor personnel in theater who are not 
medically qualified, once so identified by a healthcare provider. The 
GCC concerned will ensure development of appropriate procedures and 
criteria for requiring removal of contractor personnel identified as 
``no longer medically qualified,'' and post such language on the GCC 
OCS web page. Contracting officers will incorporate the language into 
clauses for all contracts for performance in the AOR.
    (4) Unless otherwise stated in the contract terms and conditions, 
all medical evaluations and treatment are the contractor's 
responsibility.
    (b) Medical and dental evaluations. (1) All CAAF deploying in 
support of an applicable operation must be medically, dentally, and 
psychologically fit for deployment pursuant to paragraph (kk) of 
appendix A to this part and CCDR guidance. Fitness specifically 
includes the ability to accomplish the tasks and duties unique to a 
particular operation and the ability to tolerate the environmental and 
operational conditions of the deployed location. Under the terms and 
conditions of their contracts, contractors will employ medically, 
dentally, and psychologically fit contractor personnel to perform 
contractual duties.
    (2) All CAAF must undergo a medical and dental assessment within 12 
months before arrival at the designated deployment center or U.S. 
Government-authorized contractor-performed deployment processing 
facility. This assessment, conducted by the contractor's medical health 
provider, should emphasize diagnosing system disease conditions (e.g., 
cardiovascular, pulmonary, orthopedic, neurologic, endocrinologic, 
dermatologic, psychological, visual, auditory, dental) that may 
preclude the CAAF from performing the functional requirements of the 
contract, especially in the austere work environments encountered in 
some applicable operations.
    (3) CAAF will receive a health threat and countermeasures briefing 
from the applicable Military Service before deployment to the 
operational area. For more information, see paragraph (bb) of appendix 
A to this part.
    (4) In general, CAAF who have any of the medical conditions listed 
in paragraph (j) of this section should not be deployed.
    (5) Individuals who are deemed ``not medically fit'' at the 
deployment center or at any period during the deployment process based 
upon an individual assessment by a licensed medical provider, or who 
require extensive preventive dental care (see paragraph (j)(2)(xxv) of 
this section), are not authorized to deploy.
    (6) Non-CAAF shall be medically screened by a U.S. Government 
designee when required by the requiring activity and the contract, for 
the class of labor under consideration (e.g., LNs working in a dining 
facility).
    (7) Contracts will require contractors to replace individuals who 
develop conditions that cause them to become medically unqualified to 
perform contractual requirements at any time during contract 
performance.
    (8) Contracts must require that CAAF complete a post-deployment 
health assessment in the Defense Medical Surveillance System at the end 
of their deployment or within 30 days of redeployment. For more 
information, see paragraph (bb) of appendix A to this part.
    (c) Glasses and contact lenses. (1) If contractor personnel require 
vision correction, they must have two pairs of glasses, and if 
applicable, eyeglass inserts for a chemical protective mask. The 
contractor personnel may also provide a written prescription to the 
supporting military medical component in order to prepare eyeglass 
inserts for use in a compatible chemical protective mask. If the type 
of protective mask to be issued is known and time permits, the military 
medical component should attempt to complete the preparation of 
eyeglass inserts before deployment.
    (2) Wearing contact lenses in a field environment is not 
recommended and is at the contractor personnel's own risk due to the 
potential for irreversible eye damage caused by debris, chemical or 
other hazards present, and the lack of ophthalmologic care in a field 
environment.
    (d) Medications. Other than those force health protection 
prescription products provided by the U.S.

[[Page 1077]]

Government to CAAF and selected non-CAAF, contracts must require that 
contractor personnel deploy with a minimum 90-day supply of any 
required medications obtained at their own expense. For more 
information, see paragraph (bb) of appendix A to this part.
    (1) Contractor personnel must know that deployed medical units are 
equipped and staffed to provide emergency care to healthy adults and 
are unable to provide or replace many medications required for routine 
treatment of chronic medical conditions, such as high blood pressure, 
heart conditions, and arthritis.
    (2) The contract must require contractor personnel to review both 
the amount of the medication and its suitability in the foreign area 
with their personal physician and make any necessary adjustments before 
deploying. The contract must also hold the contractor personnel 
responsible for the re-supply of required medications.
    (e) Comfort items. The contract must require that contractor 
personnel take spare hearing-aid batteries, sunglasses, insect 
repellent, sunscreen, and any other supplies related to their 
individual physical requirements. DoD sources will not provide these 
items.
    (f) Immunizations. A list of immunizations, both those required for 
entry into the designated area of operations and those recommended by 
medical authorities, will be produced by the cognizant medical 
authority for each deployment; posted to the GCC OCS web page and DoD 
FCG; and incorporated in contracts for performance in the designated 
AOR.
    (1) The GCC, upon the recommendation of the cognizant medical 
authority, will provide contractor personnel who are deploying to the 
applicable theater of operation guidance and a list of immunizations 
required to protect against communicable diseases assessed to be a 
potential hazard to their health. The cognizant medical authority will 
prepare and maintain this list.
    (2) The contract must require that CAAF be immunized appropriately 
before completing the pre-deployment process.
    (3) During pre-deployment processing, the DoD will provide 
contractor personnel, at no cost to the contractor, any theater-
specific immunizations and medications not available to the general 
public. Contractor personnel must obtain all other immunizations before 
arrival at the deployment center, documented on the International 
Certificate of Vaccinations of Prophylaxis as approved by the World 
Health Organization or the Department of Health and Human Services 
Centers for Disease Control and Prevention Form 731. However, the 
contract must stipulate that CAAF and selected non-CAAF obtain all 
other necessary immunizations before their arrival at the deployment 
center. The TB skin test is required for all contractor personnel 
within three months before they are deployed.
    (4) The DoD will provide theater-specific medical supplies and 
force health protection prescription products to CAAF and selected non-
CAAF. Additionally, these personnel will receive deployment medication 
information sheets for all vaccines or deployment-related medications 
that are to be dispensed or administered.
    (5) Contractors will ensure that individuals with a positive TB 
skin test be evaluated for targeted diagnosis and treatment of latent 
TB infection in accordance with the procedures outlined in the World 
Health Organization Guidelines on the Management of Latent Tuberculosis 
Infection.
    (6) The contract must stipulate that CAAF and selected non-CAAF 
bring a current copy of the International Certificate of Vaccination or 
Prophylaxis to the pre-deployment processing center and to the 
operational area.
    (g) Human Immunodeficiency Virus (HIV) Testing. HIV testing is not 
mandatory for contractor personnel unless specified by the GCC CCDR or 
by host nation requirements. HIV testing, if required, must occur 
within one year before deployment.
    (h) Armed Forces Repository of Specimen Samples for the 
Identification of Remains (AFRSSIR). For identification of remains 
purposes, contractors whose CAAF members are U.S. citizens will obtain 
a dental panograph and will forward a specimen sample suitable for DNA 
analysis to, and ensure it is on file with, the AFRSSIR before or 
during deployment processing and recorded in SPOT-ES. The DoD 
Components must ensure that all contracts require CAAF who are U.S. 
citizens to provide DNA specimen samples for AFRSSIR as a condition of 
deployment. For more information, see paragraph (ll) of appendix A to 
this part.
    (1) All CAAF who are U.S. citizens processing through a deployment 
center will have a DNA specimen sample collected and forwarded to the 
AFRSSIR for storage. Contracts must require contractors to verify in 
SPOT-ES or its successor that AFRSSIR has received the DNA specimen 
sample or that the contractor has collected the DNA specimen sample.
    (2) If CAAF who are U.S. citizens do not process through a 
deployment center, or the contractor is authorized to process its own 
personnel, the contract must require that the contractor collect and 
forward DNA specimen samples for all contractor personnel who are 
deployed as CAAF to the AFRSSIR. Regardless of what specimen collection 
and storage arrangements are made, all contractors deploying CAAF who 
are U.S. citizens must provide the CAAF's name and Social Security 
number, location of the DNA specimen sample, facility contact 
information, and retrieval plan to AFRSSIR. If the AFRSSIR is not used 
and a CAAF who is a U.S. citizen becomes a casualty, the contractor 
must be able to retrieve identification media for use by the Armed 
Forces Medical Examiner (AFME) or other competent authority to conduct 
a medical-legal investigation of the incident and identification of the 
victim or victims. These records must be retrievable within 24 hours 
for forwarding to the AFME when there is a reported incident that would 
necessitate their use for identifying human remains. The contractor 
shall have access to the location of its employees' fingerprint, 
medical, and dental records, including panographs.
    (3) AFRSSIR is responsible for implementing special rules and 
procedures to ensure the protection of privacy interests in regards to 
the specimen samples and any DNA analysis of those samples. Specimen 
samples shall only be used for the purposes outlined in paragraph (ll) 
of appendix A to this part.
    (i) Pre-existing medical conditions. All evaluations of pre-
existing medical conditions should occur before contractor personnel 
deploy. Personnel who have pre-existing medical conditions may deploy 
if:
    (1) The condition is not of such a nature it is likely to have a 
medically grave outcome or a negative impact on mission execution if it 
unexpectedly worsens.
    (2) The condition is stable and reasonably anticipated by the pre-
deployment medical evaluator not to worsen during the deployment under 
contractor-provided medical care in-theater in light of the physical, 
physiological, psychological, environmental, and nutritional effects of 
the duties and location.
    (3) Any required ongoing health care or medications must be 
available or accessible to contractor personnel, independent of the 
military health system, and not be subject to special

[[Page 1078]]

handling, storage, or other requirements (e.g., refrigeration 
requirements and/or cold chain, electrical power requirements) that 
cannot be met in the specific theater of operations.
    (4) The condition does not and is not anticipated to require duty 
limitations that would preclude performance of contractual requirements 
or to require accommodation by the DoD component or requiring activity. 
When necessary, the cognizant medical authority (or delegated 
representative) is the appropriate authority to evaluate the 
suitability of an individual's limitations in theater.
    (5) There is no need for routine out-of-theater evacuation for 
continuing diagnostics or other evaluations.
    (j) Conditions usually precluding medical clearance. This section 
is not intended to be comprehensive. A list of all possible diagnoses, 
including relevant severity levels that should preclude approval by the 
cognizant medical authority or designee would be too expansive to list 
in this part. These are minimum requirements. Contractor personnel may 
have additional medical clearance requirements based on their 
occupation and local laws. It is the responsibility of the contractor 
to ensure that its employees' medical clearances comply with any 
applicable local occupation-specific medical requirements.
    (1) In general, individuals with the conditions in paragraph (b) of 
Sec.  158.7, based on an individual assessment pursuant to paragraph 
(bb) of appendix A to this part, will not normally be approved for 
deployment to provide contractual support in applicable operations. The 
medical evaluator must carefully consider whether climate; altitude; 
the nature of available food and housing available; the nature of 
medical, behavioral health, and dental services; or other environmental 
or operational factors may prove hazardous to the deploying person's 
heath because of a known physical or mental condition.
    (2) Medical clearance for deployment of persons with any of the 
conditions in this section shall be granted by the contracting officer 
only after consultation with the appropriate cognizant medical 
authority or a designated representative. The cognizant medical 
authority makes recommendations and serves as the GCC's advisor on 
conditions precluding the medial clearance of deploying personnel; 
however, the geographic CCDR is the final approval or disapproval 
authority except as provided in paragraph (k)(3) of this section. The 
cognizant medical authority or designated representative may determine 
if adequate treatment facilities and specialist support are available 
at the duty station for:
    (i) Physical or psychological conditions resulting in the inability 
to wear IPE effectively, if wearing IPE may be reasonably anticipated 
or required in the deployed location.
    (ii) Conditions that prohibit immunizations or use of force health 
protection prescription products required for the specific deployment. 
Depending on the applicable threat assessment, required force health 
protection prescription products, vaccines, and countermeasures may 
include atropine, epinephrine, and/or 2-pam chloride auto-injectors, 
certain antimicrobials, antimalarials, and/or pyridostigmine bromide.
    (iii) Any chronic medical conditions that require frequent clinical 
visits, fail to respond to adequate conservative treatment, or 
necessitate significant limitation of physical activity.
    (iv) Any medical conditions that require durable medical equipment 
or appliances or periodic evaluation or treatment by medical 
specialists not readily available in theater (e.g., Continuous Positive 
Airway Pressure (CPAP) machine for sleep apnea).
    (v) Any unresolved acute or chronic illness or injuries that would 
impair duty performance in a deployed environment during the duration 
of the deployment.
    (vi) Active TB or known blood-borne diseases that may be 
transmitted to others in a deployed environment. (For HIV infections, 
see paragraph (j)(2)(xvii) of this section.)
    (vii) An acute exacerbation of a physical or mental health 
condition that could affect duty performance.
    (viii) Recurrent loss of consciousness for any reason.
    (ix) Any medical condition that could result in sudden 
incapacitation including a history of stroke within the last 24 months, 
seizure disorders, and diabetes mellitus type I or II, treated with 
insulin or oral hypoglycemic agents.
    (x) Hypertension not controlled with medication or that requires 
frequent monitoring to achieve control.
    (xi) Pregnancy.
    (xii) Cancers for which individuals are receiving continuing 
treatment or that require periodic specialty medical evaluations during 
the anticipated duration of the deployment.
    (xiii) Precancerous lesions that have not been treated or evaluated 
and that require treatment or evaluation during the anticipated 
duration of the deployment.
    (xiv) Any medical conditions that require surgery or for which 
surgery has been performed that requires rehabilitation or additional 
surgery to remove devices.
    (xv) Asthma that has a Forced Expiratory Volume-1 (FEV-1) of less 
than or equal to 50 percent of predicted FEV-1 despite appropriate 
therapy, that has required hospitalization at least two times in the 
last 12 months, or that requires daily systemic oral or injectable 
steroids.
    (xvi) Any musculoskeletal conditions that significantly impair 
performance of duties in a deployed environment.
    (xvii) HIV antibody positive with the presence of progressive 
clinical illness or immunological deficiencies. The contracting officer 
should consult the cognizant medical authority in all instances of HIV 
seropositivity before medical clearance for deployment.
    (xviii) Hearing loss. The requirement for use of a hearing aid does 
not necessarily preclude deployment. However, the individual must have 
sufficient unaided hearing to perform duties safely.
    (xix) Loss of vision. Best corrected visual acuity must meet job 
requirements to perform duties safely.
    (xx) Symptomatic coronary artery disease.
    (xxi) History of myocardial infarction within one year of 
deployment.
    (xxii) History of coronary artery bypass graft, coronary artery 
angioplasty, carotid endarterectomy, other arterial stenting, or 
aneurysm repair within one year of deployment.
    (xxiii) Cardiac dysrhythmias or arrhythmias, either symptomatic or 
requiring medical or electrophysiologic control, such as the presence 
of an implanted defibrillator and/or pacemaker.
    (xxiv) Heart failure.
    (xxv) Individuals without a dental exam within the last 12 months 
or who are likely to require dental treatment or reevaluation for oral 
conditions that are likely to result in dental emergencies within 12 
months.
    (xxvi) Psychotic and/or bipolar disorders. For detailed guidance on 
deployment-limiting psychiatric conditions or psychotropic medications, 
see paragraph (mm) of appendix A to this part.
    (xxvii) Psychiatric disorders under treatment with fewer than three 
months of demonstrated stability.
    (xxviii) Clinical psychiatric disorders with residual symptoms that 
impair duty performance.
    (xxix) Mental health conditions that pose a substantial risk for 
deterioration

[[Page 1079]]

or recurrence of impairing symptoms in the deployed environment.
    (xxx) Chronic medical conditions that require ongoing treatment 
with antipsychotics, lithium, or anticonvulsants.
    (k) Exceptions to medical standards (waivers). If a contractor 
believes an individual CAAF with one of the conditions listed in 
paragraphs (j)(2)(i) through (xxx) of this section can accomplish his 
or her tasks and duties and tolerate the environmental and operational 
conditions of the deployed location, the contractor may request a 
waiver for that individual through the contracting officer to the CCDR 
for approval.
    (1) It is unlikely that the CCDR will grant waivers for contractor 
personnel. Thus, the contractor must provide an explanation as to why 
it has no other qualified employees available who meet the medical 
standards to fulfill the deployed duties. Contractors will include a 
summary of a detailed medical evaluation or consultation concerning the 
medical condition or conditions in the requests for waivers. Since 
maximization of mission accomplishment and the protection of the health 
of personnel are the ultimate goals, justification for the waiver will 
include:
    (i) Statement indicating the CAAF individual's experience.
    (ii) The position the CAAF individual will occupy and the nature 
and scope of contractual duties assigned.
    (iii) Any known specific hazards of the position.
    (iv) Anticipated availability and need for care while deployed.
    (v) The benefit expected to accrue from the waiver.
    (2) Medical clearance to deploy or continue serving in a deployed 
environment for persons with any of the conditions in paragraphs 
(j)(2)(i) through (xxx) of this section must have the concurrence of 
the cognizant medical authority, or designee, who will recommend 
approval or disapproval to the GCC. The GCC, or designee, is the final 
decision authority for approvals and disapprovals.
    (3) For CAAF employees working with Special Operations Forces 
personnel who have conditions in paragraphs (j)(2)(i) through (xxx) of 
this section, medical clearance may be granted by the contracting 
officer after consultation with the appropriate Theater Special 
Operations Command (TSOC) surgeon. The TSOC surgeon, in coordination 
with the CCMD cognizant medical authority and senior in-theater medical 
authority, will ascertain the capability and availability of treatment 
facilities and specialist support in the general duty area versus the 
operational criticality of the particular SOF member. The TSOC surgeon 
will recommend approval or disapproval to the TSOC Commander. The TSOC 
Commander is the final approval or disapproval authority.

Appendix A to Part 158--Related Policies

    The Operational Contract Support Outside the United States 
Program is supported by the following policies:
    (a) DoD Directive 5124.02, ``Under Secretary of Defense for 
Personnel and Readiness (USD(P&R))'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/512402p.pdf).
    (b) DoD Instruction 1100.22, ``Policy and Procedures for 
Determining Workforce Mix'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/110022p.pdf).
    (c) DoD Directive 1000.20, ``Active Duty Service Determinations 
for Civilian or Contractual Groups'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/100020p.pdf).
    (d) DoD Instruction, ``Combating Trafficking in Persons (CTIP)'' 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/220001p.pdf).
    (e) DoD Law of War Manual (June 2015, Updated Dec. 2016) 
(available at https://ogc.osd.mil/images/law_war_manual_december_16.pdf).
    (f) DoD Instruction 1000.01, ``Identification (ID) Cards 
Required by the Geneva Conventions'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/100001p.pdf).
    (g) DoD Instruction 1000.13, ``Identification (ID) Cards for 
Members of the Uniformed Services, Their Dependents, and Other 
Eligible Individuals'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/100013p.pdf).
    (h) DoD Manual 1000.13, ``DoD Identification (ID) Cards: ID Card 
Life-Cycle'' Volume 1 (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/100013_vol1.pdf).
    (i) DoD Manual 1000.13, ``DoD Identification (ID) Cards: ID Card 
Life-Cycle'', Volume 2 (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/100013_vol2.pdf).
    (j) DoD Directive 1300.22, ``Mortuary Affairs Policy'' 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/130022p.pdf).
    (k) DoD Instruction 1300.18, ``Department of Defense (DoD) 
Personnel Casualty Matters, Policies, and Procedures'' (available at 
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130018p.pdf).
    (l) DoD Instruction 4515.13, ``Air Transportation Eligibility'' 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/451513p.PDF).
    (m) DoD Instruction 6200.03, ``Public Health Emergency 
Management (PHEM) within the DoD'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/620003p.pdf).
    (n) DoD Instruction 6000.11, ``Patient Movement (PM)'' 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/600011p.pdf).
    (o) DoD 4525.6-M, ``Department of Defense Postal Manual'' 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/452506m.pdf).
    (p) DoD Instruction 1015.10, ``Military Morale, Welfare, and 
Recreation (MWR) Programs'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101510p.pdf).
    (q) DoD Directive 1330.21, ``Armed Services Exchange 
Regulations'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/133021p.pdf).
    (r) DoD Directive 5160.41E, ``Defense Language, Regional 
Expertise, and Culture (LREC) Program'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/516041Ep.pdf).
    (s) Synchronized Predeployment and Operational Tracker (SPOT) 
Business Rules (available at https://www.acq.osd.mil/LOG/PS/spot.html).
    (t) DoD 5400.11-R, ``Department of Defense Privacy Program'' 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/540011r.pdf).
    (u) DoD Manual 6025.18, ``Implementation of the Health Insurance 
Portability and Accountability Act (HIPPA) Privacy Rule in DoD 
Health Care Programs'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/602518m.pdf).
    (v) DoD Directive 8000.01, ``Management of the Department of 
Defense Information Enterprise (DoD IE)'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/800001p.pdf).
    (w) DoD Instruction 8320.02, ``Sharing Data, Information, and 
Information Technology (IT) Services in the Department of Defense'' 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/832002p.pdf).
    (x) DoD Instruction 8330.01, ``Interoperability of Information 
Technology (IT), Including National Security Systems (NSS)'' 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/833001p.pdf).
    (y) DoD Instruction 8500.01, ``Cybersecurity'' (available at 
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/850001_2014.pdf).
    (z) DoD Directive 4500.54E, ``DoD Foreign Clearance Program 
(FCP)'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/450054E.pdf).
    (aa) DoD Directive 6485.02E, ``DoD Human Immunodeficiency Virus 
(HIV)/Acquired Immune Deficiency Syndrome (AIDS) Prevention Program 
(DHAPP) to Support Foreign Militaries'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/648502E.pdf).
    (bb) DoD Instruction 6490.03, ``Deployment Health'' (available 
at https://

[[Page 1080]]

www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/649003p.pdf).
    (cc) DoD Directive 6490.02E, ``Comprehensive Health 
Surveillance'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/649002Ep.pdf).
    (dd) CJCS Instruction 3500.01H, ``Joint Training Policy for the 
Armed Forces of the United States'' (available at https://www.jcs.mil/Portals/36/Documents/Library/Instructions/3500_01.pdf).
    (ee) DoD Instruction 2000.12, ``DoD Antiterrorism (AT) Program'' 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/200012p.pdf).
    (ff) DoD Directive 2310.01, ``DoD Detainee Program'' (available 
at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/231001e.pdf).
    (gg) DoD Directive 2311.01, ``DoD Law of War Program'' 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/231101e.pdf).
    (hh) DoD Directive 3115.09, ``DoD Intelligence Interrogations, 
Detainee Debriefings, and Tactical Questioning'' (available at 
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/311509p.pdf).
    (ii) DoDD 3002.01, ``Personnel Recovery in the Department of 
Defense'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/300201p.pdf).
    (jj) DoD Instruction 3002.03, ``DoD Personnel Recovery--
Reintegration of Recovered Personnel'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/300203p.pdf).
    (kk) DoD Directive 6200.04, ``Force Health Protection (FHP)'' 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/620004p.pdf).
    (ll) DoD Instruction 5154.30, ``Armed Forces Medical Examiner 
System (AFMES) Operations'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/515430p.pdf).
    (mm) Assistant Secretary of Defense for Health Affairs 
Memorandum, ``Policy Guidance for Deployment-Limiting Psychiatric 
Conditions and Medications,'' November 7, 2006 (available at https://www.ha.osd.mil/policies/2006/061107_deployment-limiting_psych_conditions_meds.pdf).

    Dated: October 30, 2020.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 2020-27694 Filed 1-6-21; 8:45 am]
BILLING CODE 5001-06-P