Department of Defense 2020 – Federal Register Recent Federal Regulation Documents

The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

In compliance with the Paperwork Reduction Act of 1995, the U.S. Army Research Institute for the Behavioral and Social Sciences 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.

The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the Board, USU will take place.

DoD is correcting proposed regulations that published in the Federal Register on September 29, 2020, to correct the clause number for the DFARS section on restriction on acquisition of large medium- speed diesel engines.

DoD is correcting final regulations that published in the Federal Register on September 29, 2020, to reflect that the clause date for the DFARS section on subcontracts for commercial items should be ``(OCT 2020)''.

DoD, GSA and NASA are proposing to amend the Federal Acquisition Regulation to implement a section of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 to change the definition of ``commercial item.''

The Department of Defense is publishing the unclassified text of an arms sales notification.

This final rule removes DoD's regulation concerning policies on compliance with court orders by DoD employees and DoD Members. The purpose of the DoD Instruction on which this rule is based is to provide internal guidance to DoD Components on cooperation with law enforcement agencies. Although civil authorities, who may be considered the public for rule-making purposes, may request support from DoD, this rule neither confers a benefit not otherwise provided for in statute nor imposes a burden on civil authorities. Further, the rule does not limit DoD assistance to qualifying entities in a way that is inconsistent with the statutory framework. Therefore, this part can be removed from the CFR.

The U.S. Army Corps of Engineers (Corps) is proposing to establish a restricted area in the Washington Channel adjacent to Fort McNair. Fort McNair is the headquarters of the Army's Military District of Washington and home of the National Defense University as well as the official residence of the U.S. Army's Vice Chief of Staff. Fort McNair requested a restricted area to fulfill Joint Base Myer-Henderson Hall (JBM-HH) security needs including Marine Helicopter Squadron (HMX) missions and protection of VIP quarters at Fort McNair. On August 8, 2019, the Corps published a proposed rule for the establishment of a restricted area in the Washington Channel adjacent to Fort McNair. After evaluating the comments received in response to that proposed rule, the proposal has been revised and the Corps is inviting public comment on the revised proposed rule text.

The Department of the Army announces the availability of the Draft Environmental Impact Statement (EIS) as part of the environmental planning process to address heat and electrical upgrades at Fort Wainwright, Alaska. The current condition of the heat and power plant, one of the oldest coal-fired central heat and power plants (CHPP) in the United States, and its aging heat distribution system requires an upgrade to provide reliable heat and electrical infrastructure for the installation that resolves safety, resiliency, fiscal, and regulatory concerns. The Draft EIS evaluates reasonable alternatives, potential environmental impacts, and key issues of concern. A preferred alternative is not identified at this time. Comments received on the Draft EIS will be fully considered prior to determining which alternative would be the Army's preferred alternative, a preference that will be identified when the Final EIS is published.

In accordance with section 3506(c)(2)(A) of 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 Buy American, trade agreements, and duty-free entry. DoD, GSA, and NASA invite comments on: Whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, 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. OMB has approved this information collection for use through November 30, 2020. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.

The US Army Corps of Engineers (USACE) requests comments on the alternatives considered to date by the Buffalo Bayou and Tributaries, Texas Resiliency Study (BBTRS) to help inform the Study Team's recommendation to the Chief of Engineers on reducing the flood risk along Buffalo Bayou and its tributaries in Harris and Fort Bend counties, Texas. An Interim Report has been prepared to document alternatives considered to date. The Interim Report, which does not include recommendations or decisions, is being published to solicit input from the public. Seeking this public input prior to identifying a preferred alternative will help ensure the analysis of a complex problemand ultimately decisionsare effective, responsive, sustainable and understood by the region's communities.

This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2021-01, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding this rule by referring to FAC 2021-01, which precedes this document. These documents are also available via the internet at https:// www.regulations.gov.

This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2021-01. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.