Department of Defense September 2020 – Federal Register Recent Federal Regulation Documents
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Arms Sales Notification
The Department of Defense is publishing the unclassified text of an arms sales notification.
Administration and Support of Basic Research by the Department of Defense
This final rule removes DoD's regulation concerning the administration and support of basic research by the Department of Defense, because the content of this part is internal to the Department. Therefore, this CFR part can be removed.
Defense Federal Acquisition Regulation Supplement: Source Restrictions on Auxiliary Ship Components (DFARS Case 2020-D017)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a statute that requires certain auxiliary ship components to be procured from a manufacturer in the national technology and industrial base.
Defense Federal Acquisition Regulation Supplement: Modification of Determination Requirement for Certain Task- or Delivery-Order Contracts (DFARS Case 2020-D016)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2020 that revises contract file documentation requirements when awarding a task- or delivery order-contract in excess of $100 million to a single source.
Defense Federal Acquisition Regulation Supplement: Treatment of Certain Items as Commercial Items (DFARS Case 2019-D029)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement several sections of the National Defense Authorization Act for Fiscal Year 2017 that address treatment of commingled items purchased by contractors and services provided by nontraditional defense contractors as commercial items.
Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Substitutions for Military or Federal Specifications and Standards” (DFARS Case 2019-D023)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove internal agency guidance and a clause that is no longer necessary pursuant to action taken by the DoD Regulatory Reform Task Force.
Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Provision “Alternate Preservation, Packaging, and Packing” (DFARS Case 2019-D022)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove a provision that is no longer necessary pursuant to action taken by the DoD Regulatory Reform Task Force.
Defense Federal Acquisition Regulation Supplement: Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041)
DoD is issuing an interim rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a DoD Assessment Methodology and Cybersecurity Maturity Model Certification framework in order to assess contractor implementation of cybersecurity requirements and enhance the protection of unclassified information within the DoD supply chain.
Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2019-D036)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the inflation adjustment of acquisition-related dollar thresholds. A statute requires an adjustment every five years of acquisition-related thresholds for inflation using the Consumer Price Index for all urban consumers, except for the Construction Wage Rate Requirements statute (Davis-Bacon Act), Service Contract Labor Standards statute, and trade agreements thresholds. DoD also used the same methodology to adjust some nonstatutory DFARS acquisition-related thresholds.
Defense Federal Acquisition Regulation Supplement: Restriction on the Acquisition of Tantalum (DFARS Case 2020-D007)
DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2020 that prohibits the acquisition of tantalum metal and alloys from North Korea, China, Russia, and Iran.
Privacy Act of 1974; Implementation
The Office of the Secretary proposes to exempt records maintained in CIG-26, ``Case Control SystemInvestigative.'' The System of Records Notice was published in the Federal Register on August 9, 2011. This rule is being published as a direct final rule as the DoD does not expect to receive any adverse comments. If such comments are received, this direct final rule will be cancelled and a proposed rule for comments will be published.
Civil Money Penalties and Assessments Under the Military Health Care Fraud and Abuse Prevention Program
This final rule implements civil money penalties authority provided to all Federal health care programs, including the TRICARE program, under the Social Security Act. This authority allows the Secretary of Defense as the administrator of a Federal health care program to impose civil money penalties (CMPs or penalties) as described in section 1128A of the Social Security Act against providers and suppliers who commit fraud and abuse in the TRICARE program. This final rule establishes a program within the DoD to impose CMPs for certain unlawful conduct in the TRICARE program. To the extent applicable, this final rule adopts the Department of Health and Human Service's (HHS's) well-established CMP rules and procedures. The program to impose CMPs within TRICARE is called the Military Health Care Fraud and Abuse Prevention Program. The Defense Health Agency (DHA) shall be the agency within the DoD responsible for administering the Military Health Care Fraud and Abuse Prevention Program.
Notice of Intent To Prepare an Environmental Impact Statement for the Ground Based Strategic Deterrent Deployment and Minuteman III Decommissioning and Disposal
The United States Air Force (Air Force) is issuing this Notice of Intent (NOI) to advise the public of its intent to prepare an Environmental Impact Statement (EIS) to evaluate potential impacts on the human and natural environments of deploying the Ground Based Strategic Deterrent (GBSD) intercontinental ballistic missile (ICBM) system and decommissioning and disposing of the Minuteman III ICBM system. The Air Force invites public participation in the scoping process to determine the scope and significant issues to be analyzed in depth in the EIS and eliminate issues which are not significant.
Submission for OMB Review; Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding prohibition on contracting for certain telecommunications and video surveillance services or equipment.
Defense Health Board; Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Health Board (DHB) will take place.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the National Defense University announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense (OSD) is modifying the system of records notice (SORN), ``Military OneSource (MOS) Case Management System (CMS),'' DPR 45 DoD. The Military OneSource is a call center and website providing comprehensive information on available benefits and services to Active Duty Military, Reserve and National Guard, eligible separated members and their families. These benefits and services include financial counseling, educational assistance and benefits, relocation planning and preparation, quality of life programs, and family and community programs. In addition to the formatting administrative changes, this modification expands the categories of individuals and records covered by the system of records.
Privacy Act of 1974; System of Records
The OSD is modifying a system of records titled, ``Computer/ Electronic Accommodations Program (CAP),'' DHRA 15. The CAP is a centrally funded program providing assistive (computer/electronic) technology solutions to individuals with hearing, vision, dexterity, cognitive, and/or communications impairments in the form of an accessible work environment. The records maintained in the system of records provide the necessary means to conduct mission essential activities, process requests for accommodations, track activity among different agencies, and deliver outreach activities related to assistive technology and industry best practices for providing reasonable accommodations. The Portal provides management and reporting capabilities, as well as facilitates CAP business processes such as customer communications and workflow tracking.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense (OSD) is modifying the system of records titled, ``Commercial Travel Information Management System,'' DHRA 14 DoD. The Commercial Travel Information Management System (CTIMS) houses the CTIMS data repository and provides web-based travel information to the DoD travel community, including commercial vendors. It offers tools to submit help desk tickets, create reports, complete schedule training, plan trips, and complete other travel related functions, as well as provides a survey tool that supports the assessment of Defense Travel programs and the Defense Travel Management Office (DTMO) Workforce Assessment.
Privacy Act of 1974; System of Records
The OSD is modifying the system of records titled, ``Inquiry and Case Management System (ICMS),'' DHRA 16. The ICMS supports the Defense Personnel and Family Support Center's (DPFSC) employer support to the National Guard and Reserve (ESGR) Ombudsman Program. This system provides assistance to U.S. Military Service Members and members of the National Disaster Medical System with resolving employment and or re- employment conflicts and provides employers with Uniform Services Employment and Reemployment Act information.
Privacy Act of 1974; System of Records
The OSD is modifying a system of records entitled, ``Defense Sexual Assault Advocate Certification Program (D-SAACP),'' DHRA 10 DoD. The system records track Sexual Assault Response Coordinators (SARC) and Sexual Assault Prevention and Response Victim Advocates (SAPR VAs) certifications. System information is used to review, process, and report on the status of SARC and SAPR VA certifications to Congress.
Privacy Act of 1974; System of Records
The OSD is modifying a system of records titled ``National Language Service Corps (NLSC) Records,'' DHRA 07. The NLSC system is a cost-effective solution to the tactical and strategic management of foreign language support needs within the U.S. military and civilian enterprise for operations, plans, and workforce requirements. It provides a surge capability from individuals who are generally unavailable to the Government by tapping into our nation's population of skilled citizens who speak hundreds of languages critical to our nation's needs. Initially established as a pilot program maintaining a pool of linguists proficient in ten languages, NLSC has since expanded its capabilities to support over 414 languages and dialects and provide over 4,000 man-hours of support to federal agencies annually. To meet the increasing need for professionals with language skills, in 2018, the NLSC expanded the reach of linguist support from DoD organizations to all federal government agencies and is modifying the system to accommodate this growth.
Environmental Impact Statement for Army Training Land Retention at Pōhakuloa Training Area in Hawai'i; Correction
The Department of the Army (Army) published a document in the Federal Register of September 4, 2020, concerning its continuing intent to prepare an Environmental Impact Statement to address the Army's proposed retention of up to approximately 23,000 acres of land currently leased to the Army by the state of Hawai[revaps]i (``State- owned land'') at P[omacr]hakuloa Training Area (PTA) on the island of Hawai[revaps]i. The document referenced two in-person comment stations previously associated with the Virtual Scoping Open House to be held Wednesday, September 23, 2020. Now, however, because of the national and local orders and proclamations in response to the coronavirus (COVID-19) pandemic in the United States, including: The County of Hawai[revaps]i Mayor's COVID-19 Emergency Rule No. 11 dated August 25, 2020, and the Office of the Governor, State of Hawaii Office Twelfth Proclamation Related to the COVID-19 Emergency dated August 20, 2020, the Army is canceling the in-person comment stations. Only the in- person comment stations will be cancelled; the EIS Scoping Virtual Open House will be held as planned.
Defense Federal Acquisition Regulation Supplement: Small Business Innovation Research Program Data Rights (DFARS Case 2019-D043)
On August 31, 2020, DoD published a notice requesting information to assist in the development of a revision to the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the data rights portions of the Small Business Innovation Research Program and Small Business Technology Transfer Program Policy Directives. The document heading carried an incorrect Docket Number. This document reflects the correct Docket Number.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Part 15 Negotiation
In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through November 30, 2020. DoD proposes that OMB extend its approval for use for three additional years beyond the current expiration date.
Information Collection; Contract Financing
In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on a revision and renewal concerning contract financing. OMB approved this information collection for use through December 31, 2020. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.
Defense Commissary Agency Privacy Act Program
This final rule removes DoD's regulation concerning the Defense Commissary Agency Privacy Act Program. On April 11, 2019, the Department of Defense published a revised DoD-level Privacy Program rule, which implements the Privacy Act and establishes an agency-wide privacy program that serves as the single Privacy Program rule for the Department. That revised Privacy Program rule also includes all DoD component exemption rules. Therefore, this part is now unnecessary and should be removed from the CFR.
Sexual Assault Prevention and Response Program Procedures
This final rule removes the Department of Defense's (DoD's) duplicative regulation concerning the Sexual Assault Prevention and Response Program (SAPR) Procedures. On July 15, 2020, DoD published a single revised DoD-level SAPR Program rule, which finalized two previously published interim final rules. The revision deleted all guidance internal to DoD and incorporated from this part those policy provisions directly affecting DoD's obligations to provide sexual assault prevention and response (SAPR) services to certain members of the public who are adult victims of sexual assault. Therefore, this part is now unnecessary and may be removed from the CFR.
National Security Education Board; Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the National Security Education Board will take place.
Department of Defense Military Family Readiness Council; Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the Department of Defense Military Family Readiness Council (MFRC) will take place.
Notice of Intent To Grant an Exclusive Patent License With a Joint Ownership Agreement
Pursuant to the Bayh-Dole Act and implementing regulations, the Department of the Air Force hereby gives notice of its intent to grant an exclusive patent license agreement to UNM Rainforest Innovations (formerly known as STC.UNM) is an organization having the primary function of managing inventions on behalf of the University of New Mexico having a place of business at 101 Broadway Blvd. NE, Suite 1100, Albuquerque, New Mexico 87102.
Notice of Intent To Grant a Partially Exclusive Patent License
Pursuant to the Bayh-Dole Act and implementing regulations, The Department of the Air Force hereby gives notice of its intent to grant a partially exclusive (exclusive with respect to the field of health, recreational and nutritional beverages) patent license agreement to JBP Group, a corporation of the State of Utah, having a place of business at 610 Trees Court, Cedar Hill, TX 75104.
Revised Non-Foreign Overseas Per Diem Rates
Defense Human Resources Activity is publishing this Civilian Personnel Per Diem Bulletin Number 314. Bulletin Number 314 lists current per diem rates prescribed for reimbursement of subsistence expenses while on official Government travel to Alaska, Hawaii, the Commonwealth of Puerto Rico, and the possessions of the United States. The Fiscal Year (FY) 2020 lodging rate review for Alaska resulted in lodging rate changes in certain locations.
Department of Defense Science and Technology Reinvention Laboratory Personnel Demonstration Project Program
STRLs may implement innovative approaches to attract and retain exceptional talent. The flexibilities described herein allow the STRLs to better manage their workforce and applicant pools by providing: A streamlined approach to receiving applications; an efficient process for determining whether applicants are qualified; flexibility to set an entrance on duty date prior to receipt of an applicant's official transcript; an additional direct hiring authority; a flexible-length and renewable-term appointment authority for positions providing direct support to the STRL; an increase in the maximum student loan repayment amount; and the ability to waive the completion of a background investigation prior to employment in a Special-Sensitive position.
Notice of Intent To Prepare an Environmental Impact Statement for a Submarine Dry Dock and Waterfront Production Facility at the Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility, Oahu, Hawaii, and To Announce the Public Scoping Meeting
Pursuant to the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality Regulations, the Department of the Navy (Navy) announces its intent to prepare an Environmental Impact Statement (EIS) to evaluate the potential environmental effects associated with construction and operation of a submarine dry dock (DD) replacement and waterfront production facility (WPF) at the Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility (PHNSY & IMF) at Joint Base Pearl Harbor[hyphen]Hickam (JBPHH), Oahu, Hawaii. PHNSY & IMF is situated on the eastern shore of Pearl Harbor on the south side of the island of Oahu. The DD and WPF will provide required capability to perform depot- level maintenance on current and future classes of fast-attack submarines and improve operational readiness. An EIS is considered the appropriate document for comprehensively analyzing the proposed action, which is to demolish existing facilities and construct new facilities, utilities, and infrastructure at PHNSY & IMF.
Federal Acquisition Regulations: FAR Case 2017-014, Use of Acquisition 360 To Encourage Vendor Feedback
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to encourage use of voluntary feedback mechanisms, where appropriate, to support continual improvement of the acquisition process.
Army Cemeteries
The Department of the Army proposes to amend this regulation in order to revise eligibility criteria for interment (in ground) and inurnment (above ground) at Arlington National Cemetery. This rule does not affect veterans' burial benefits or eligibility at Department of Veterans Affairs' national cemeteries.
Proposal To Reissue and Modify Nationwide Permits
Nationwide Permits (NWPs) authorize certain activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. The U.S. Army Corps of Engineers (Corps) is proposing to reissue its existing NWPs and associated general conditions and definitions, with some modifications. We are also proposing to issue five new NWPs. Two of those proposed new NWPs would authorize certain categories of mariculture activities (i.e., seaweed and finfish mariculture) that are not authorized by NWP 48. We are proposing to divide the current NWP that authorizes utility line activities (NWP 12) into three separate NWPs that address the differences in how different linear projects are constructed, the substances they convey, and the different standards and best management practices that help ensure those NWPs authorize only those activities that have no more than minimal adverse environmental effects. Specifically, we are proposing to modify the current utility line NWP 12 to authorize only oil and natural gas pipeline activities. Two proposed new NWPs would authorize activities associated with the construction, maintenance, repair, and removal of electric utility lines/telecommunication lines and utility lines that convey water, sewage, and other substances. The fifth proposed new NWP would authorize discharges of dredged or fill material into jurisdictional waters for the construction, expansion, and maintenance of water reuse and reclamation facilities. We are proposing these modifications to simplify and clarify the NWPs, reduce burdens on the regulated public, and continue to comply with the statutory requirement that these NWPs authorize only activities with no more than minimal individual and cumulative adverse environmental effects. The Corps is requesting comment on all aspects of these proposed nationwide permits.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the United States Marine Corps announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Commander, Navy Installations Command announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Defense Counterintelligence and Security Agency announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Submission for OMB Review; Comment Request
The DoD has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Federal Acquisition Regulation: Maximizing Use of American-Made Goods, Products, and Materials
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement an Executive order (E.O.) addressing domestic preferences in Government procurement.
Federal Acquisition Regulation: Protecting Life in Global Health Assistance
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement the Protecting Life in Global Health Assistance policy in connection with the Presidential Memorandum regarding ``The Mexico City Policy,'' dated January 23, 2017.
DoD Policy on Organizations That Seek To Represent or Organize Members of the Armed Forces in Negotiations or Collective Bargaining
This final rule removes the DoD's regulation that prohibits members of the armed forces from being members of a ``military labor organization,'' which is an organization that engages or attempts to engage in negotiations or bargaining on behalf of service members concerning the terms or conditions of military service. The rule restates statute or otherwise contains internal DoD processes wholly contained within DoD internal guidance. Therefore, this part can be removed from the Code of Federal Regulations (CFR).
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Occupational Safety, Drug-Free Work Force and Related Clauses
In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed revision and extension of a public information collection requirement, and seeks public comment on the provisions thereof. DoD invites comments on: Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through November 30, 2020. DoD proposes that OMB extend its approval for use for three additional years beyond the current expiration date.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement (DFARS); Inspection and Receiving Report
In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection for use through December 31, 2020. DoD proposes that OMB extend its approval for use for three additional years beyond the current expiration date.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Transportation
In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed revision and extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement under Control Number 0704-0245 for use through November 30, 2020. DoD proposes that OMB extend its approval for an additional three years.
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