Federal Acquisition Regulation (FAR): Semi-annual agenda

As Enacted ( Federal Register)

Cited authorities 93

Cited in

April 24, 2006 (Volume 71, Number 78)

Unified Agenda

From the Federal Register Online via GPO Access [frwais.access.gpo.gov]

DOCID: f:ua060405.wais

Page 22468-22511

Department of Defense

Part V

Semiannual Regulatory Agenda

Page 22468

DEPARTMENT OF DEFENSE (DOD)

DEPARTMENT OF DEFENSE 32 CFR Chs. I, V, VI, and VII 33 CFR Ch. II 36 CFR Ch. III 48 CFR Ch. 2

Improving Government Regulations; Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Department of Defense (DoD).

ACTION: Semiannual regulatory agenda.

SUMMARY: The Department of Defense (DoD) is publishing this semiannual agenda of regulatory documents, including those that are procurement- related, for public information and comments under Executive Order 12866 ``Regulatory Planning and Review.'' This agenda incorporates the objective and criteria, when applicable, of the regulatory reform program under the Executive order and other regulatory guidance. It contains DoD issuances initiated by DoD components that may have economic and environmental impact on State, local, or tribal interests under the criteria of Executive Order 12866. Although most DoD issuances listed in the agenda are of negligible public impact, their nature may be of public interest and, therefore, are published to provide notice of rulemaking and an opportunity for public participation in the internal DoD rulemaking process.

This agenda updates the report published on October 31, 2005, and includes regulations expected to be issued and under review over the next 12 months. The next agenda and regulatory plan are scheduled to be published in the fall of 2006. In addition to this agenda, DoD components also publish rulemaking notices pertaining to their specific statutory administration requirements as required.

FOR FURTHER INFORMATION CONTACT: For information concerning the overall

DoD regulatory improvement program and for general semiannual agenda information, contact Mr. Robert Cushing, telephone 703-696-5282, or write to Information Management Division, Executive Services

Directorate, Washington Headquarters Services, 1777 North Kent Street,

RPN, Suite 11000, Arlington, VA 22209-2133, or e-mail: robert.cushing@whs.mil.

For questions of a legal nature concerning the agenda and its statutory requirements or obligations, write to Office of the

General Counsel, 1600 Defense Pentagon, Washington, DC 20301-1600, or call 703-697-2714.

For general information on Office of the Secretary regulations, other than those which are procurement-related, contact Mr. Edward Burbol, telephone 703-696-2503, or write to

Directives and Records Division, Executive Services Directorate,

Washington Headquarters Services, 1777 North Kent Street, RPN,

Suite 11100, Arlington, VA 22209-2133, or e-mail: edward.burbol@whs.mil.

For general information on Office of the Secretary agenda items, which are procurement-related, contact Ms. Michele Peterson, telephone 703-602-0311, or write to Defense Acquisition Regulations

Directorate, 3062 Defense Pentagon, Washington, DC 20301-3062, or e-mail: ichele.peterson@osd.mil.

For general information on Department of the Army regulations, contact Ms. Brenda Bowen, telephone 703-428-6422, or write to the

U.S. Army Records Management and Declassification Agency, ATTN:

AHRC-PDD-RP, Casey Building, Room 102, 7701 Telegraph Road,

Alexandria, VA 22315-3860, or e-mail: brenda.bowen@rmda.belvoir.army.mil.

For general information on the U.S. Army Corps of Engineers regulations, contact Mr. Chip Smith, telephone 703-693-3644, or write to Office of the Deputy Assistant Secretary of the Army

(Policy and Legislation), 108 Army Pentagon, Room 2E569,

Washington, DC 20310-0108, or e-mail: chip.smith@hqda.army.mil.

For general information on Department of the Navy regulations, contact LCDR Eric McDonald, telephone 703-604-8202, or write to

Department of the Navy, Office of the Judge Advocate General,

Administrative Law Division (Code 13), Washington Navy Yard, 1322

Patterson Avenue SE., Suite 3000, Washington, DC 20374-5066, or e- mail: eric.mcdonald@navy.mil.

For general information on Department of the Air Force regulations, contact Mr. Lawrence Shade, telephone 703-588-6115, or write to Department of the Air Force, SAF/XCISI, 1500 Wilson

Boulevard, Suite 220, Arlington, VA 22209-2133, or e-mail: lawrence.shade@pentagon.af.mil.

For specific agenda items, contact the appropriate individual indicated in each DoD component report.

SUPPLEMENTARY INFORMATION: This edition of the Unified Agenda of

Federal Regulatory and Deregulatory Actions is composed of the regulatory status reports, including procurement-related regulatory status reports, from the Office of the Secretary of Defense (OSD) and the Departments of the Army, Navy, and Air Force. Included also is the regulatory status report from the U.S. Army Corps of Engineers, whose civil works functions fall under the reporting requirements of

Executive Order 12866 and involve water resource projects and regulation of activities in waters of the United States.

DoD issuances range from DoD directives (reflecting departmental policy) to implementing instructions and regulations

(largely internal and used to implement directives). The OSD agenda section contains the primary directives under which DoD components promulgate their implementing regulations.

To ease identification and to differentiate among the variety of issuances reported, they are identified by their DoD internal numbering system, which denotes component level of authority and type of issuance, in addition to the required CFR number.

In addition, this agenda, although published under the reporting requirements of Executive Order 12866, continues to be the DoD single-source reporting vehicle, which identifies issuances that are currently applicable under the various regulatory reform programs in progress. Therefore, DoD components will identify those rules which come under the criteria of the: a. Regulatory Flexibility Act; b. Paperwork Reduction Act of 1995; c. Unfunded Mandates Reform Act of 1995.

Those DoD issuances, which are directly applicable under these statutes, will be identified in the agenda and their action status indicated. Generally, the regulatory status reports in this agenda will contain five sections: (1) Prerule stage; (2) proposed rule stage; (3) final rule stage; (4) completed actions; and (5) long- term actions. Where certain

Page 22469

regulatory actions indicate that small entities are affected, the effect on these entities may not necessarily have significant economic impact on a substantial number of these entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601(6)).

Although not a regulatory agency, DoD will continue to participate in regulatory initiatives designed to reduce economic costs and unnecessary environmental burdens upon the public.

Comments and recommendations are invited on the rules reported and should be addressed to the DoD component representatives identified in the regulatory status reports. Although sensitive to the needs of the public, as well as regulatory reform, DoD reserves the right to exercise the exemptions and flexibility permitted in its rulemaking process in order to proceed with its overall defense- oriented mission. The publishing of this agenda does not waive the applicability of the military affairs exemption in section 553 of title 5 U.S.C. and section 3 of Executive Order 12866.

Dated: February 23, 2006

Howard G. Becker,

Deputy Director, Administration and Management.

Office of the Secretary--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

602

Armed Services Exchange Regulations (ASER) (DoD Instruction 1330.21).................. 0790-AH77 603

Voluntary State Tax Withholding From Retired Pay...................................... 0790-AH78 604

Emergency Security Control of Air Traffic (ESCAT) Plan................................ 0790-AH81 605

Obtaining Information From Financial Institutions..................................... 0790-AH84 606

Guidance on Obtaining Information From Financial Institutions (DoD Instruction

0790-AH85 5400.15).............................................................................. 607

Transition Assistance for Military Personnel (DoD Directive 1332.35).................. 0790-AH89

Office of the Secretary--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

608

Restoration Advisory Boards (RABs).................................................... 0790-AG31 609

Settling Personnel and General Claims and Processing Advance Decision Requests........ 0790-AG47 610

Uniform Administrative Requirements for Grants and Agreements With Institutions of

0790-AG76

Higher Education, Hospitals, and Other Nonprofit Organizations........................ 611

Waiver of Debts Resulting From Erroneous Payments of Pay and Allowances (DoD Directive 0790-AG90 1340.21).............................................................................. 612

Waiver Procedures for Debts Resulting From Erroneous Payments of Pay and Allowances

0790-AG91

(DoD Instruction 1340.23)............................................................. 613

Provision of Early Intervention and Special Education Services to Eligible DoD

0790-AH70

Dependents............................................................................ 614

DoD Contractors' Safety Manual (DoD 4145.26-M)........................................ 0790-AH76 615

Department of Defense National Security Personnel System (NSPS)....................... 0790-AH82 616

DoD Privacy Program (DoD Directive 5400.11)........................................... 0790-AH83 617

Sale or Rental of Sexually Explicit Material on DoD Property (DoD Instruction 4105.70) 0790-AH86 618

Personal Commercial Solicitation on DoD Installations (DoD Directive 1344.7) and

0790-AH87

Personal Commercial Solicitation on DoD Installations Implementing Procedures (DoD

Instruction 1344.aa).................................................................. 619

Naturalization of Aliens Serving in the Armed Forces of the United States and of Alien 0790-AH88

Spouses and/or Alien Adopted Children of Military and Civilian Personnel Ordered

Overseas.............................................................................. 620

Management and Mobilization of Regular and Reserve Retired Military Members........... 0790-AH92 621

User Charges.......................................................................... 0790-AH93 622

Financial Assistance to Local Educational Agencies (LEAs)(DoD Instruction 1342.18).... 0790-AH95

Office of the Secretary--Completed Actions

Regulation

Sequence

Title

Identifier

Number

623

National Security Education Program (NSEP) Grants to Institutions of Higher Education

0790-AF59

(DoD Instruction 1025.5).............................................................. 624

Personnel Security Policies for Granting Access to Classified Information............. 0790-AG54 625

National Policy on Reciprocity of Facilities and Guidelines for Implementation of

0790-AG55

Reciprocity........................................................................... 626

National Policy on Technical Surveillance Countermeasures............................. 0790-AG56 627

Review of the Manual for Courts-Martial (DoD Directive 5500.17)....................... 0790-AG99 628

Defense Contract Management Agency Freedom of Information Act (FOIA) Program.......... 0790-AH00 629

Implementation of Section 740 of the Wendell H. Ford Aviation Investment and Reform

0790-AH02

Act for the 21st Century and Section 1051 of the National Defense Authorization Act for Fiscal Year 2003..................................................................

Page 22470

630

Criminal Jurisdiction Over Civilians Employed By or Accompanying the Armed Forces

0790-AH73

Outside the United States, Service Members, and Former Service Members (DoDI 5525.11). 631

Supplemental Standards of Ethical Conduct for Employees of the Department of Defense.. 0790-AH74 632

Revitalizing Base Closure Communities and Addressing Impacts of Realignment........... 0790-AH91 633

Compliance of DoD Members, Employees, and Family Members Outside the United States

0790-AH94

With Court Orders.....................................................................

Defense Acquisition Regulations Council--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

634

Protests, Disputes, and Appeals (DFARS Case 2003-D010)................................ 0750-AE01 635

Small Business Programs (DFARS Case 2003-D047)........................................ 0750-AE93 636

Definitions of Component and Domestic Manufacture (DFARS Case 2005-D010).............. 0750-AF22 637

Buy American Act Exemption for Commercial Information Technology (DFARS Case 2005-

0750-AF23

D011)................................................................................. 638

Reports of Government Property (DFARS Case 2005-D015)................................. 0750-AF24 639

Patents, Data, and Copyrights (DFARS Case 2003-D049).................................. 0750-AF26 640

Electronic Submission and Processing of Payment Requests (DFARS Case 2005-D009)....... 0750-AF28 641

Contracting Officers' Representatives (DFARS Case 2005-D022).......................... 0750-AF30

Defense Acquisition Regulations Council--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

642

Incremental Funding, Fixed-Price Contracts (DFARS Case 1990-037)...................... 0750-AA07 643

Patent Rights--Ownership by the Contractor (Large Business) (DFARS Case 2001-D015).... 0750-AD72 644

Threshold for Small Business Specialist Review (DFARS Case 2003-D060)................. 0750-AE30 645

Transition of Weapons-Related Prototype Projects to Follow-On Contracts (DFARS Case

0750-AE49 2003-D106)............................................................................ 646

Basic Agreements for Telecommunications Services (DFARS Case 2003-D056)............... 0750-AE69 647

Contract Pricing and Cost Accounting Standards (DFARS Case 2003-D014)................. 0750-AE71 648

Exchange or Sale of Government-Owned Information Technology (DFARS Case 2003-D094).... 0750-AE72 649

Material Inspection and Receiving Report (DFARS Case 2003-D085)....................... 0750-AE73 650

Uniform Contract Line Item Numbering (DFARS Case 2003-D082)........................... 0750-AE76 651

Administrative Matters (DFARS Case 2003-D084)......................................... 0750-AE77 652

Business Restructuring Costs (DFARS Case 2004-D026)................................... 0750-AE79 653

Sole Source Award of 8(a) Contracts to Native Hawaiian-Owned Small Business Concerns

0750-AE81

(DFARS Case 2004-D031)................................................................ 654

Quality Assurance (DFARS Case 2003-D027).............................................. 0750-AE85 655

Transportation (DFARS Case 2003-D028)................................................. 0750-AE89 656

Construction Contracting (DFARS Case 2003-D034)....................................... 0750-AE91 657

Acquisition Planning (DFARS Case 2003-D044)........................................... 0750-AE92 658

Contract Termination (DFARS Case 2003-D046)........................................... 0750-AE94 659

Authorization for Continued Contracts (DFARS Case 2003-D052).......................... 0750-AE95 660

Contract Administration Functions (DFARS Case 2003-D051).............................. 0750-AE96 661

Contractor Insurance/Pension Reviews (DFARS Case 2003-D050)........................... 0750-AE97 662

Acquisition of Information Technology (DFARS Case 2003-D068).......................... 0750-AE98 663

Describing Agency Needs (DFARS Case 2003-D073)........................................ 0750-AE99 664

Required Sources of Supplies and Services (DFARS Case 2003-D072)...................... 0750-AF00 665

Special Contracting Methods (DFARS Case 2003-D079).................................... 0750-AF02 666

Types of Contracts (DFARS Case 2003-D078)............................................. 0750-AF03 667

Application of Labor Laws to Government Acquisitions (DFARS Case 2003-D019)........... 0750-AF06 668

Combating Trafficking in Persons (DFARS Case 2004-D017)............................... 0750-AF11 669

Notification Requirements for Critical Safety Items (DFARS Case 2004-D008)............ 0750-AF12 670

Export-Controlled Information and Technology (DFARS Case 2004-D010)................... 0750-AF13 671

Levy on Payments to Contractors (DFARS Case 2004-D033)................................ 0750-AF14 672

Prohibition of Foreign Taxation on U.S. Assistance Programs (DFARS Case 2004-D012).... 0750-AF15

Page 22471

673

Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2004-D022)......... 0750-AF16 674

Restriction on Carbon, Alloy, and Armor Steel Plate (DFARS Case 2005-D002)............ 0750-AF17 675

Contract Reporting (DFARS Case 2005-D004)............................................. 0750-AF18 676

Earned Value Management Systems (DFARS Case 2005-D006)................................ 0750-AF19 677

Training for Contractor Personnel Interacting With Detainees (DFARS Case 2005-D007)... 0750-AF20 678

Foreign Acquisition Procedures (DFARS Case 2005-D012)................................. 0750-AF21 679

Contractor Personnel Authorized To Accompany U.S. Armed Forces (DFARS Case 2005-D013). 0750-AF25 680

Extension of Contract Goal for Small Disadvantaged Businesses and Certain Institutions 0750-AF27 of Higher Learning (DFARS Case 2006-D010)............................................. 681

Trade Agreements Thresholds and Morocco Free Trade Agreement (DFARS Case 2005-D017)... 0750-AF29 682

Radio Frequency Identification (DFARS Case 2006-D002)................................. 0750-AF31 683

Berry Amendment Exceptions--Acquisition of Perishable Food and Fish, Shellfish, or

0750-AF32

Seafood (DFARS Case 2006-D005)........................................................ 684

Berry Amendment--Notification Requirement and Clothing Materials and Components (DFARS 0750-AF33

Case 2006-D006)....................................................................... 685

Prohibition on Procurements From Communist Chinese Military Companies (DFARS Case 2006- 0750-AF34

D007)................................................................................. 686

Purchase of Weapons Overseas for Force Protection Purposes (DFARS Case 2006-D008)..... 0750-AF35 687

Limitation on Tiered Evaluation of Offers (DFARS Case 2006-D009)...................... 0750-AF36 688

Security-Guard Services Contracts (DFARS Case 2006-D011).............................. 0750-AF37 689

Procurement of Major Weapon Systems as Commercial Items (DFARS Case 2006-D012)........ 0750-AF38 690

Lease of Vessels, Aircraft, and Combat Vehicles (DFARS Case 2006-D013)................ 0750-AF39 691

Evaluation Factor for Employing or Subcontracting With Members of the Armed Forces

0750-AF40

Reserve (DFARS Case 2006-D014)........................................................ 692

Congressional Notification of Award of Architect-Engineer Services / Military Family

0750-AF41

Housing Contracts (DFARS Case 2006-D015).............................................. 693

Aviation Into-Plane Reimbursement (AIR) Card (DFARS Case 2006-D017)................... 0750-AF42

Defense Acquisition Regulations Council--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

694

Codification and Modification of Berry Amendment (DFARS Case 2002-D002)............... 0750-AD76

Defense Acquisition Regulations Council--Completed Actions

Regulation

Sequence

Title

Identifier

Number

695

Approval of Service Contracts and Task Orders (DFARS Case 2002-D024).................. 0750-AD81 696

Purchase Card Internal Controls (DFARS Case 2002-D025)................................ 0750-AD87 697

Contract Period for Task and Delivery Order Contracts (DFARS Case 2003-D097).......... 0750-AE25 698

Consolidation of Contract Requirements (DFARS Case 2003-D109)......................... 0750-AE48 699

Free Trade Agreements--Australia and Morocco (DFARS Case 2004-D013)................... 0750-AE59 700

Acquisition of Ball and Roller Bearings (DFARS Case 2003-D021)........................ 0750-AE60 701

Specialized Service Contracting (DFARS Case 2003-D041)................................ 0750-AE62 702

Acquisition of Telecommunications Services (DFARS Case 2003-D055)..................... 0750-AE63 703

Utility Rates Established by Regulatory Bodies (DFARS Case 2003-D096)................. 0750-AE64 704

Acquisition of Utility Services (DFARS Case 2003-D069)................................ 0750-AE65 705

Extraordinary Contractual Actions (DFARS Case 2003-D048).............................. 0750-AE66 706

Update of Clauses for Telecommunications Services (DFARS Case 2003-D053).............. 0750-AE67 707

Information Technology Equipment--Screening of Government Inventory (DFARS Case 2003-

0750-AE68

D054)................................................................................. 708

Foreign Acquisition (DFARS Case 2003-D008)............................................ 0750-AE70 709

Micro-Purchases Not Using the Governmentwide Purchase Card (DFARS Case 2003-D059)..... 0750-AE74 710

Simplified Acquisition Procedures (DFARS Case 2003-D075).............................. 0750-AE75 711

Contract Financing (DFARS Case 2003-D043)............................................. 0750-AE78 712

DoD Pilot Mentor-Prot[eacute]g[eacute] Program (DFARS Case 2004-D028)................. 0750-AE80 713

Incentive Program for Use of Domestic Machine Tools and Other Capital Assets (DFARS

0750-AE83

Case 2005-D003).......................................................................

Page 22472

714

Subcontracting Policies and Procedures (DFARS Case 2003-D025)......................... 0750-AE86 715

Contract Modifications (DFARS Case 2003-D024)......................................... 0750-AE87 716

Socioeconomic Programs (DFARS Case 2003-D029)......................................... 0750-AE88 717

Environment, Occupational Safety, and Drug-Free Workplace (DFARS Case 2003-D039)...... 0750-AE90 718

Component Breakout (DFARS Case 2003-D071)............................................. 0750-AF01 719

Contracting by Negotiation (DFARS Case 2003-D077)..................................... 0750-AF04 720

Contract Administration (DFARS Case 2003-D023)........................................ 0750-AF05 721

Competition Requirements for Federal Supply Schedules and Multiple Award Contracts

0750-AF08

(DFARS Case 2004-D009)................................................................ 722

Contractor Performance of Acquisition Functions Closely Associated With Inherently

0750-AF09

Governmental Functions (DFARS Case 2004-D021).........................................

Department of the Army--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

723

Law Enforcement Reporting............................................................. 0702-AA52

Department of the Army--Completed Actions

Regulation

Sequence

Title

Identifier

Number

724

Foreign Acquisition................................................................... 0702-AA38 725

Solicitation Provisions and Contract Clauses.......................................... 0702-AA39 726

Decorations, Medals, Ribbons, and Similar Devices..................................... 0702-AA41 727

The Freedom of Information Act Program................................................ 0702-AA45 728

Obtaining Information From Financial Institutions..................................... 0702-AA49 729

Armed Forces Disciplinary Control Boards and Off-Installation Liaison and Operations.. 0702-AA50 730

Personnel Review Board................................................................ 0702-AA51

U.S. Army Corps of Engineers--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

731

Regulatory Program of the Army Corps of Engineers and Historic Properties............. 0710-AA51 732

Compensatory Mitigation for Losses of Aquatic Resources............................... 0710-AA55

U.S. Army Corps of Engineers--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

733

Nationwide Permit Program Regulations................................................. 0710-AA60 734

Navigation Regulations--Bonneville Lock and Dam....................................... 0710-AA63

U.S. Army Corps of Engineers--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

735

Environmental Quality; Procedures for Implementing the National Environmental Policy

0710-AA42

Act (NEPA)............................................................................

Page 22473

736

Cost-Sharing Requirements Under the Ability To Pay Provisions......................... 0710-AA44

U.S. Army Corps of Engineers--Completed Actions

Regulation

Sequence

Title

Identifier

Number

737

Regulatory Programs of the Corps of Engineers, Endangered Species Act; Scope of

0710-AA43

Analysis.............................................................................. 738

Special Events Rule................................................................... 0710-AA53 739

Navigation Regulations--Lake Washington Ship Canal.................................... 0710-AA62

Department of the Navy--Completed Actions

Regulation

Sequence

Title

Identifier

Number

740

Shipbuilding Capability Preservation Agreements....................................... 0703-AA50

Office of Assistant Secretary for Health Affairs--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

741

TRICARE; Changes to DRG and Inpatient Mental Health Payment Systems................... 0720-AA91 742

TRICARE Implementation of Changes to the Pharmacy Benefits Program; Double Coverage

0720-AA94

With Medicare Part D..................................................................

Office of Assistant Secretary for Health Affairs--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

743

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Hospital

0720-AA20

Payment for Ambulatory Care........................................................... 744

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Exception to

0720-AA41 the CHAMPUS Dual Compensation/Conflict of Interest Provisions......................... 745

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Double

0720-AA50

Coverage.............................................................................. 746

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Establishment 0720-AA56 of an Appeals Process for TRICARE Claimcheck Denials.................................. 747

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Individual

0720-AA65

Case Management Program for Persons With Extraordinary Conditions (ICMP-PEC).......... 748

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Voluntary

0720-AA69

Disenrollment From the TRICARE Retiree Dental Program (TRDP).......................... 749

TRICARE; Coordination of Benefits Between TRICARE and the Department of Veterans

0720-AA87

Affairs............................................................................... 750

TRICARE Program; Rare Diseases Definition and Partial List of Examples of Unproven

0720-AA88

Drugs, Devices, Medical Treatments, or Procedures..................................... 751

TRICARE Reserve Select for Certain Members of the Selected Reserve, Transitional

0720-AA90

Assistance Management Program, Early Eligibility for TRICARE for Certain Reserve

Component Members..................................................................... 752

TRICARE; Changes Included in the National Defense Authorization Act for Fiscal Year

0720-AA93 2005; TRICARE Dental Program.......................................................... 753

CHAMPUS/TRICARE; Coverage of Phase II and Phase III Clinical Trails Sponsored by the

0720-AA96

National Institutes of Health National Cancer Institute............................... 754

TRICARE Prime Remote for Active Duty Family Members and TRICARE Prime Enrollment

0720-AA97

Period................................................................................

Page 22474

Office of Assistant Secretary for Health Affairs--Completed Actions

Regulation

Sequence

Title

Identifier

Number

755

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Prosthetic

0720-AA49

Devices............................................................................... 756

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Methodology

0720-AA57 for Coverage of NIH-Sponsored Clinical Trials......................................... 757

TRICARE; Prime Remote for Active Duty Family Members.................................. 0720-AA68 758

TRICARE; Waiver of Certain TRICARE Deductibles; Clarification of the TRICARE Prime

0720-AA72

Enrollment Period..................................................................... 759

TRICARE; Sub-Acute Care Program; Uniform Skilled Nursing Facility Benefit; Home Health 0720-AA73

Care Benefit; Adopting Medicare Payment Methods for Skilled Nursing Facilities and

Home Health Care Providers............................................................ 760

TRICARE; Changes Included in the National Defense Authorization Act for Fiscal Year

0720-AA85 2003 (NDAA-03)........................................................................ 761

TRICARE; Revision of Participating Providers Reimbursement Rate; TRICARE Dental

0720-AA92

Program (TDP).........................................................................

Department of Defense (DOD)

Proposed Rule Stage

Office of the Secretary (OS)

ARMED SERVICES EXCHANGE REGULATIONS (ASER) (DOD INSTRUCTION 1330.21)

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301

CFR Citation: 32 CFR 50

Legal Deadline: None

Abstract: This rule prescribes procedures and assigns responsibilities for operating the Armed Services exchanges.

Timetable:

Action

Date

FR Cite

NPRM

10/00/06

NPRM Comment Period End

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: George McNamara, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 602-4601

RIN: 0790-AH77
VOLUNTARY STATE TAX WITHHOLDING FROM RETIRED PAY

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 1045

CFR Citation: 32 CFR 78

Legal Deadline: None

Abstract: This rule provides implementing guidance for voluntary State tax withholding from the retired pay of uniformed Service members.

Timetable:

Action

Date

FR Cite

NPRM

10/00/06

NPRM Comment Period End

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jacqueline Jenkins, Department of Defense, Office of the Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 697-8282

RIN: 0790-AH78
EMERGENCY SECURITY CONTROL OF AIR TRAFFIC (ESCAT) PLAN

Priority: Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: Not Yet Determined

CFR Citation: 32 CFR 245

Legal Deadline: None

Abstract: This rule incorporates provisions and actions for the newly formed Department of Homeland Security and the Transportation Security

Administration in addition to the Department of Transportation and the

Federal Aviation Administration.

Timetable:

Action

Date

FR Cite

NPRM

10/00/06

NPRM Comment Period End

12/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: William Whalen, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 416-3016

William Mahony, Department of Defense, Office of the Secretary, Defense

Pentagon, Washington, DC 20301

Phone: 703 697-6554

RIN: 0790-AH81
OBTAINING INFORMATION FROM FINANCIAL INSTITUTIONS

Priority: Substantive, Nonsignificant

Legal Authority: 12 USC 3401

CFR Citation: 32 CFR 275

Legal Deadline: None

Abstract: The Department of Defense is proposing to revise its current policies concerning obtaining information from financial institutions under the Right to Financial Privacy Act of 1978, as amended (12 United

States Code chapter 35). This part prescribes practices and procedures for the Department of Defense to obtain from a financial institution the financial records of its customers.

Timetable:

Action

Date

FR Cite

NPRM

02/02/06

71 FR 5631

Page 22475

NPRM Comment Period End

04/03/06

Final Action

09/00/06

Final Action Effective

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Mr. Vahan Moushegian, Department of Defense, Office of the Secretary, Department of Defense, Washington Headquarters Services,

Defense Pentagon, Washington, DC 20301

Phone: 703 607-2944

RIN: 0790-AH84
GUIDANCE ON OBTAINING INFORMATION FROM FINANCIAL INSTITUTIONS (DOD

INSTRUCTION 5400.15)

Priority: Substantive, Nonsignificant

Legal Authority: Not Yet Determined

CFR Citation: 32 CFR 276

Legal Deadline: None

Abstract: This rule provides guidance on obtaining access to financial records maintained by financial institutions.

Timetable:

Action

Date

FR Cite

NPRM

10/00/06

NPRM Comment Period End

12/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Mr. Vahan Moushegian, Department of Defense, Office of the Secretary, Department of Defense, Washington Headquarters Services,

Defense Pentagon, Washington, DC 20301

Phone: 703 607-2944

RIN: 0790-AH85
TRANSITION ASSISTANCE FOR MILITARY PERSONNEL (DOD DIRECTIVE 1332.35)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Legal Authority: Not Yet Determined

CFR Citation: 32 CFR 88

Legal Deadline: None

Abstract: This rule updates policy and responsibilities for the

Transition Assistance Program for active duty military personnel and their families, members of the Reserve Components serving on active duty for a period of 180 days or more, members of the National Guard on full time National Guard Duty, and their eligible family members. The

Transition Assistance Program prepares separating Service members and their families with the skills, tools, and self-confidence necessary to ensure successful re-entry into the Nation's civilian work force.

Timetable:

Action

Date

FR Cite

NPRM

10/00/06

NPRM Comment Period End

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Mr. Ronald L. Horne, Department of Defense, Office of the Secretary, Crystal Square 4, Room 321a, Arlington, VA 22202

Phone: 703 602-4949

RIN: 0790-AH89

Department of Defense (DOD)

Final Rule Stage

Office of the Secretary (OS)
RESTORATION ADVISORY BOARDS (RABS)

Priority: Other Significant

Legal Authority: 5 USC 551 et seq; 10 USC 2705

CFR Citation: 32 CFR 202

Legal Deadline: NPRM, Statutory, September 15, 1996.

Abstract: In accordance with the National Defense Authorization Acts for 1995 and 1996, the Department has prepared this rule for

Restoration Advisory Boards (RABs). DoD has established RABs at over 200 installations and formerly used Defense sites that have environmental restoration programs for cleanup of contaminated sites.

The purpose of the RAB is to facilitate public participation in restoration activities at operating and closing installations. The proposed rule is based on DoD's current policies for RABs, as well as

DoD's experience in establishing and operating RABs over the past 2 years.

Timetable:

Action

Date

FR Cite

NPRM

08/06/96

61 FR 40764

NPRM Comment Period End

11/04/96

61 FR 40765

NPRM Extension of Comment Period11/19/96

61 FR 58803

NPRM Comment Period End

01/20/97

Second NPRM

01/28/05

70 FR 4061

Second NPRM Comment Period End 03/29/05

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Federal

Agency Contact: Patricia Ferrebee, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 571-9060

RIN: 0790-AG31
SETTLING PERSONNEL AND GENERAL CLAIMS AND PROCESSING ADVANCE

DECISION REQUESTS

Priority: Other Significant

Legal Authority: 10 USC 2575; 10 USC 2771; 10 USC 4712; 10 USC 9712; 24

USC 420; 31 USC 3529; 31 USC 3702; 32 USC 714; 37 USC 554; . . .

CFR Citation: 32 CFR 281

Legal Deadline: None

Abstract: This rule proposes policy and assigns responsibilities for settling personnel and general claims and for processing requests for an advance decision. The Legislative Branch Appropriations Act of 1996 transferred to the Director of the Office of

Page 22476

Management and Budget (OMB) the Comptroller General's authority to settle claims. The OMB Director subsequently delegated some of these authorities to the Department of Defense (DoD). Later, the General

Accounting Office Act of 1996 codified many of these delegations to the

Secretary of Defense and others and transferred to the OMB Director the authority of the Comptroller General to waive uniformed service member and employee debts arising out of the erroneous payment of pay or allowances exceeding $1,500. The OMB Director subsequently delegated the authority to waive such debts of uniformed service members and DoD employees to the Secretary of Defense. The Secretary of Defense further delegated his claims settlement and waiver authorities to the General

Counsel. This rule implements the reassignment of the Comptroller

General's former duties within the Department of Defense with little impact on the public.

Timetable:

Action

Date

FR Cite

NPRM

11/14/02

67 FR 68956

NPRM Comment Period End

01/13/03

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: Pending analysis of public comments and issuance of final regulations, DOHA intends to use the procedures and practices applicable to claims and waiver applications before the effective dates of the transfers of authority, June 30, 1996, and

December 18, 1996, respectively, which are published in title 4, Code of Federal Regulations, chapter 1, subchapters C and G. See also 61 FR 50285, September 25, 1996; and 62 FR 5387, February 5, 1997.

Agency Contact: Christine Kopocis, Department of Defense, Office of the

Secretary, 1160 Defense Pentagon, Washington, DC 20301

Phone: 703 696-1809

Related RIN: Related to 0790-AG89, Related to 0790-AG90, Related to 0790-AG91

RIN: 0790-AG47
UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH

INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT

ORGANIZATIONS

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 10 USC 113

CFR Citation: 32 CFR 22; 32 CFR 32

Legal Deadline: None

Abstract: This rulemaking is the Department of Defense portion of a multiple-agency action. The agencies are amending their rules implementing Office of Management and Budget (OMB) Circular A-110

``Uniform Administrative Requirements for Grants and Agreements With

Institutions of Higher Education, Hospitals, and Other Nonprofit

Organizations.'' The amendments to the rules incorporate updated language in Circular A-110 requiring Federal awarding agencies to ensure that all data produced under awards subject to the Circular are made available to the public through the procedures established under the Freedom of Information Act (FOIA). OMB updated the Circular language in this way in October 1999, in response to a provision in

Public Law 105-277. With this rule amendment to 32 CFR parts 22 and 32, the Department of Defense therefore will maintain policies on access to data produced under awards subject to Circular A-110 that are consistent with the policies of other executive departments and agencies.

Timetable:

Action

Date

FR Cite

Interim Final Rule

03/16/00

65 FR 14405

Interim Final Rule Effective 04/17/00

Interim Final Rule Comment

Period End

05/15/00

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Mark Herbst, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 588-1377

Email: mark.herbst@osd.mil

RIN: 0790-AG76
WAIVER OF DEBTS RESULTING FROM ERRONEOUS PAYMENTS OF PAY AND

ALLOWANCES (DOD DIRECTIVE 1340.21)

Priority: Other Significant

Legal Authority: 5 USC 5584; 10 USC 2774; 32 USC 716

CFR Citation: 32 CFR 283

Legal Deadline: None

Abstract: This rule proposes policy and assigns responsibilities for considering applications for the waiver of debts resulting from erroneous payments of pay and allowances (including travel and transportation allowances) to or on behalf of members of the Uniformed

Services and civilian DoD employees. The Legislative Branch

Appropriations Act of 1996 transferred to the Director of the Office of

Management and Budget (OMB) the Comptroller General's authority to settle claims. The OMB Director subsequently delegated some of these authorities to the Department of Defense (DoD). Later, the General

Accounting Office Act of 1996 codified many of these delegations to the

Secretary of Defense and others and transferred to the OMB Director the authority of the Comptroller General to waive uniformed service member and employee debts arising out of the erroneous payment of pay or allowances exceeding $1,500. The OMB Director subsequently delegated the authority to waive such debts of uniformed service members and DoD employees to the Secretary of Defense. The Secretary of Defense further delegated his claims settlement and waiver authorities to the General

Counsel. This rule implements the reassignment of the Comptroller

General's former duties within the Department of Defense with little impact on the public.

Timetable:

Action

Date

FR Cite

NPRM

11/14/02

67 FR 68963

NPRM Comment Period End

01/13/03

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Michael Hipple, Department of Defense, Office of the

Page 22477

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 696-8510

Related RIN: Related to 0790-AG47, Related to 0790-AG89, Related to 0790-AG91

RIN: 0790-AG90
WAIVER PROCEDURES FOR DEBTS RESULTING FROM ERRONEOUS PAYMENTS OF

PAY AND ALLOWANCES (DOD INSTRUCTION 1340.23)

Priority: Other Significant

Legal Authority: 5 USC 552a; 5 USC 2104; 5 USC 2105; 5 USC 5584; 10 USC 2774; 32 USC 716; . . .

CFR Citation: 32 CFR 284

Legal Deadline: None

Abstract: This rule proposes policy and prescribes procedures for considering waiver applications. The Legislative Branch Appropriations

Act of 1996 transferred to the Director of the Office of Management and

Budget (OMB) the Comptroller General's authority to settle claims. The

OMB Director subsequently delegated some of these authorities to the

Department of Defense (DoD). Later, the General Accounting Office Act of 1996 codified many of these delegations to the Secretary of Defense and others and transferred to the OMB Director the authority of the

Comptroller General to waive uniformed service member and employee debts arising out of the erroneous payment of pay or allowances exceeding $1,500. The OMB Director subsequently delegated the authority to waive such debts of uniformed service members and DoD employees to the Secretary of Defense. The Secretary of Defense further delegated his claims settlement and waiver authorities to the General Counsel.

This rule implements the reassignment of the Comptroller General's former duties within the Department of Defense with little impact on the public.

Timetable:

Action

Date

FR Cite

NPRM

11/14/02

67 FR 68965

NPRM Comment Period End

01/13/03

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Michael Hipple, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 696-8510

Related RIN: Related to 0790-AG47, Related to 0790-AG89, Related to 0790-AG90

RIN: 0790-AG91
PROVISION OF EARLY INTERVENTION AND SPECIAL EDUCATION SERVICES TO

ELIGIBLE DOD DEPENDENTS

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 301

CFR Citation: 32 CFR 57

Legal Deadline: None

Abstract: This rule implements the Individuals With Disabilities

Education Act, as amended in 1997. The rule integrates into one policy both 32 CFR part 57 (which concerned provision of early intervention and special education to eligible DoD dependents in overseas areas) and 32 CFR part 80 (which concerned provision of early intervention and special education services in domestic Department of Defense schools).

Timetable:

Action

Date

FR Cite

Interim Final Rule

06/10/04

69 FR 32662

Interim Final Rule Effective 06/10/04

Interim Final Rule Comment

Period End

08/09/04

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: R. Posante, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 696-4493

RIN: 0790-AH70
DOD CONTRACTORS' SAFETY MANUAL (DOD 4145.26-M)

Priority: Other Significant

Legal Authority: 5 USC 301

CFR Citation: 32 CFR 184

Legal Deadline: None

Abstract: This rule provides guidelines to contractors that are engaged in ammunition and explosives operations. This rule is necessary to minimize the potential for mishaps that should interrupt DoD operations, delay project completion dates, adversely impact DoD production base or capability, damage or destroy DoD-owned material/ equipment, cause injury to DoD personnel, or endanger the general public.

Timetable:

Action

Date

FR Cite

NPRM

03/29/05

70 FR 16038

NPRM Comment Period End

05/31/05

70 FR 16038

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Dr. Josephine Covino, Department of Defense, Office of the Secretary, 2461 Eisenhower Avenue, Alexandria, VA 22331

Phone: 703 325-8625

Fax: 703 325-6227

Email: josephine.covino@ddesb.osd.mil

RIN: 0790-AH76
DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM (NSPS)

Priority: Other Significant

Legal Authority: 5 USC 9902

CFR Citation: 5 CFR 9901

Legal Deadline: None

Abstract: The Department of Defense (DoD) and the Office of Personnel

Management (OPM) are issuing proposed regulations to establish the

National Security Personnel System (NSPS), a human resources management system for the Department of Defense, as authorized by the National

Defense Authorization Act (Pub. L. 108-136, November 24, 2003). NSPS governs basic pay, staffing, classification, performance management, labor relations, adverse actions, and employee appeals. NSPS aligns

DoD's human resources management system with the Department's critical mission

Page 22478

requirements and protects the civil service rights of its employees.

Timetable:

Action

Date

FR Cite

NPRM

02/14/05

70 FR 7552

NPRM Comment Period End

03/16/05

Final Action

10/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Brad Bunn, Department of Defense, Office of the

Secretary, Pentagon, Washington, DC 20301

Phone: 703 696-7770

Email: brad.bunn@cpms.osd.mil

RIN: 0790-AH82
DOD PRIVACY PROGRAM (DOD DIRECTIVE 5400.11)

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 552a

CFR Citation: 32 CFR 310

Legal Deadline: None

Abstract: This proposed rule amends 32 CFR part 310 to show organizational changes and realignments, to reflect assigned responsibilities, to affirm program coverage, and to delete and add, as appropriate, statutory and regulatory authorities.

Timetable:

Action

Date

FR Cite

NPRM

09/07/05

70 FR 53135

NPRM Comment Period End

11/07/05

Final Action

09/00/06

Final Action Effective

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Mr. Vahan Moushegian, Department of Defense, Office of the Secretary, Department of Defense, Washington Headquarters Services,

Defense Pentagon, Washington, DC 20301

Phone: 703 607-2944

RIN: 0790-AH83
SALE OR RENTAL OF SEXUALLY EXPLICIT MATERIAL ON DOD PROPERTY (DOD

INSTRUCTION 4105.70)

Priority: Other Significant

Legal Authority: 10 USC 2489a

CFR Citation: 32 CFR 235

Legal Deadline: None

Abstract: This rule implements 10 U.S.C. 2489a, which prohibits the sale or rental of sexually explicit material on property under DoD jurisdiction. The part establishes responsibilities for monitoring compliance, establishes a review board to determine whether a material offered for sale or rental is sexually explicit as consistent with the definition in 10 U.S.C. 2489a, and delineates review board procedures and required reports.

Timetable:

Action

Date

FR Cite

NPRM

12/19/05

70 FR 75091

NPRM Comment Period End

02/17/06

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Frank A Stich, Department of Defense, Office of the

Secretary, 1160 Defense Pentagon, Washington, DC 20301

Phone: 703 602-4590

RIN: 0790-AH86
PERSONAL COMMERCIAL SOLICITATION ON DOD INSTALLATIONS (DOD

DIRECTIVE 1344.7) AND PERSONAL COMMERCIAL SOLICITATION ON DOD

INSTALLATIONS IMPLEMENTING PROCEDURES (DOD INSTRUCTION 1344.AA)

Priority: Other Significant

Legal Authority: 5 USC 301

CFR Citation: 32 CFR 50

Legal Deadline: None

Abstract: This rule continues the established annual DoD registration requirements for life insurance companies operating on all DoD installations. It continues the established requirement for the sale of insurance and securities on DoD installations overseas. This rule identifies prohibited practices that may cause withdrawal of commercial solicitation privileges on DoD installations and establishes notification requirements when privileges are withdrawn. This rule establishes procedures for persons solicited on DoD installations to evaluate solicitors, and it identifies procedures for providing financial education programs to military personnel.

Timetable:

Action

Date

FR Cite

NPRM

04/19/05

70 FR 20316

NPRM Comment Period End

06/20/05

70 FR 20316

Final Action

10/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Mr. James Ellis, Department of Defense, Office of the

Secretary, 241 South 18th Street, Crystal Square 4, Suite 302,

Arlington, VA 22202

Phone: 703 602-5009

RIN: 0790-AH87
NATURALIZATION OF ALIENS SERVING IN THE ARMED FORCES OF THE UNITED

STATES AND OF ALIEN SPOUSES AND/OR ALIEN ADOPTED CHILDREN OF MILITARY

AND CIVILIAN PERSONNEL ORDERED OVERSEAS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: Not Yet Determined

CFR Citation: 32 CFR 94

Legal Deadline: None

Abstract: Militarily certifies alien dependents seeking naturalization under the provisions of sections 1430(b) and 1430(c) of title 8, United

States Code, and furnishes policy guidance to the Secretaries of the

Military Departments governing discharge of release from active duty in the Armed Forces of the United States of permanent residence aliens who desire to be naturalized as United States citizens.

Page 22479

Timetable:

Action

Date

FR Cite

Final Action

10/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: Mr. William Gleason, Department of Defense, Office of the Secretary, Crystal Square 4, Room 302, Arlington, VA 22202

Phone: 703 602-5012

RIN: 0790-AH88
MANAGEMENT AND MOBILIZATION OF REGULAR AND RESERVE RETIRED MILITARY

MEMBERS

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 688; 10 USC 973; 10 USC 12301(a)

CFR Citation: 32 CFR 64

Legal Deadline: None

Abstract: This rule prescribes uniform policy and guidance governing the peacetime management of retired Regular and Reserve military personnel preparing for their use during a mobilization. It implements sections 688, 973, 12301(a), and 12307 of chapters 61, 63, 65, 367, 571, 573, and 1223 of title 10, United States Code.

Timetable:

Action

Date

FR Cite

Final Action

10/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Daniel Kohner, Department of Defense, Office of the

Secretary, 4000 Defense Pentagon, Washington, DC 20301

Phone: 703 693-7479

Email: dkohner@osd.pentagon.mil

RIN: 0790-AH92
USER CHARGES

Priority: Other Significant

Legal Authority: 31 USC 9701

CFR Citation: 32 CFR 204

Legal Deadline: None

Abstract: The Department of Defense is revising 32 CFR part 204 to better align it with OMB Circular A-25 ``User Charges.'' This part provides guidelines to establish appropriate charges for authorized services supplied by Department of Defense organizations when such services provide special benefits to an identifiable recipient beyond those that accrue to the general public.

Timetable:

Action

Date

FR Cite

NPRM

01/26/06

71 FR 4332

NPRM Comment Period End

03/27/06

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Tom Summers, Department of Defense, Office of the

Secretary, 1160 Defense Pentagon, Washington, DC 20301

Phone: 703 602-0299

RIN: 0790-AH93
FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL

AGENCIES (LEAS)(DOD INSTRUCTION 1342.18)

Priority: Substantive, Nonsignificant

Legal Authority: 20 USC 7703

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: This rule updates responsibilities and procedures to provide financial assistance to eligible local educational agencies (LEAs) to benefit dependent students of members of the Armed Forces and DoD civilian employees. It also assigns responsibilities and prescribes procedures for providing payments to eligible LEAs that provide services to military dependent children with severe disabilities.

Timetable:

Action

Date

FR Cite

Final Action

10/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Gary Woods, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 602-4949

Email: gary.woods@osd.mil

RIN: 0790-AH95

Department of Defense (DOD)

Completed Actions

Office of the Secretary (OS)
NATIONAL SECURITY EDUCATION PROGRAM (NSEP) GRANTS TO INSTITUTIONS

OF HIGHER EDUCATION (DOD INSTRUCTION 1025.5)

Priority: Substantive, Nonsignificant

Legal Authority: 20 USC 1141(a)

CFR Citation: 32 CFR 206

Legal Deadline: Final, Statutory, April 5, 1994.

Abstract: The National Security Education Act provided for the National

Security Education Program, the National Security Education Board, and a trust fund in the U.S. Treasury to provide all resources for the program. Under the Act, the Secretary is directed to carry out a program to award undergraduate scholarships, graduate fellowships, and grants to institutions of higher education. This rule is to inform those concerned with institutional grants to be offered under the 1994- 1995 pilot grants program of the preliminary guidelines.

Timetable:

Action

Date

FR Cite

Interim Final Rule

05/19/94

59 FR 26116

Interim Final Rule Comment

Period End

07/18/94

Interim Final Rule Effective 05/05/94

Withdrawn

01/13/06

Page 22480

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Organizations

Government Levels Affected: None

Agency Contact: E. Collier, Department of Defense, Office of the

Secretary, 1160 Defense Pentagon, Washington, DC 20301

Phone: 703 696-5670

Email: nsep@nsep.policy.osd.mil

RIN: 0790-AF59
PERSONNEL SECURITY POLICIES FOR GRANTING ACCESS TO CLASSIFIED

INFORMATION

Priority: Substantive, Nonsignificant

Legal Authority: EO 12968

CFR Citation: 32 CFR 147

Legal Deadline: None

Abstract: This rule is published to streamline security practices throughout the Government. Uniform adjudicative guidelines, investigative standards, and guidelines for temporary access are being established. This initiative will simplify security processing and allow the deserving public to obtain a security clearance in a faster, more efficient manner.

Timetable:

Action

Date

FR Cite

Interim Final Rule

01/30/98

63 FR 4572

Interim Final Rule Effective 03/24/98

Interim Final Rule Comment

Period End

03/31/98

Withdrawn

01/13/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Terence Thompson, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 602-9969

RIN: 0790-AG54
NATIONAL POLICY ON RECIPROCITY OF FACILITIES AND GUIDELINES FOR

IMPLEMENTATION OF RECIPROCITY

Priority: Substantive, Nonsignificant

Legal Authority: EO 12968

CFR Citation: 32 CFR 148

Legal Deadline: None

Abstract: This rule is published to make physical facilities available for reciprocal use in the storage of classified information. Once a facility has been certified as suitable for classified use by one organization, it may also be used by another for like purposes.

Timetable:

Action

Date

FR Cite

Interim Final Rule Effective 09/16/97

63 FR 4580

Interim Final Rule

01/30/98

63 FR 4580

Interim Final Rule Comment

Period End

03/31/98

Withdrawn

01/13/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Terence Thompson, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 602-9969

RIN: 0790-AG55
NATIONAL POLICY ON TECHNICAL SURVEILLANCE COUNTERMEASURES

Priority: Substantive, Nonsignificant

Legal Authority: EO 12968

CFR Citation: 32 CFR 149

Legal Deadline: None

Abstract: This rule is published to limit the use of technical surveillance countermeasures within the boundaries of the U.S. to cases where there is a reasonable showing of threat.

Timetable:

Action

Date

FR Cite

Interim Final Rule Effective 09/16/97

63 FR 4582

Interim Final Rule

01/30/98

63 FR 4582

Interim Final Rule Comment

Period End

03/31/98

Withdrawn

01/13/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Terence Thompson, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 602-9969

RIN: 0790-AG56
REVIEW OF THE MANUAL FOR COURTS-MARTIAL (DOD DIRECTIVE 5500.17)

Priority: Substantive, Nonsignificant

Legal Authority: EO 12473; 10 USC 47

CFR Citation: 32 CFR 152

Legal Deadline: None

Abstract: The Department of Defense promulgates procedures implementing

Executive Order 12473, dated July 13, 1984, calling upon the Secretary of Defense to cause an annual review of the Manual for Courts-Martial

(MCM) and to recommend to the President any appropriate amendments.

Through the annual review process, the Secretary of Defense assists the

President in fulfilling his rulemaking responsibilities under article 36 of the Uniform Code of Military Justice (UCMJ; chapter 47 of title 10, United States Code). Under the direction of the General Counsel of the Department of Defense, a Joint Service Committee on Military

Justice (JSC) is established with responsibility to conduct the annual review and propose MCM amendments. The JSC also proposes amendments to the UCMJ, as necessary.

This rule updates part 152 to title 32, Code of Federal Regulations,

``Review of the Manual for Courts-Martial,'' to reflect practice and procedures for conducting annual reviews and to change the annual review cycle from concluding with an annual report due to the General

Counsel by December 31, instead of May 1. The change in the annual review cycle is due to legislative requirements on affecting JSC responsibilities. This interim rule is provided to afford a 60-day opportunity for public comment prior to issuing a final rule. This rule is intended only to improve the internal management of the Federal

Government. It is not intended to create any right or benefit, substantive or procedural, enforceable at law by any party against the

United States, its agencies, its officers, or any person.

Timetable:

Action

Date

FR Cite

Interim Final Rule Effective 05/03/03

68 FR 36915

Page 22481

Interim Final Rule

06/20/03

68 FR 36915

Interim Final Rule Comment

Period End

08/19/03

Withdrawn

01/13/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Robert E. Reed, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 695-1055

RIN: 0790-AG99
DEFENSE CONTRACT MANAGEMENT AGENCY FREEDOM OF INFORMATION ACT

(FOIA) PROGRAM

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 552

CFR Citation: 32 CFR 289

Legal Deadline: None

Abstract: This rule implements the Freedom of Information Act, as amended. It assigns responsibility for responding to written requests made pursuant to the Act and provides for the review required to determine the appropriateness of classification.

Timetable:

Action

Date

FR Cite

Withdrawn

01/13/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Cathy Alphin, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 428-1453

RIN: 0790-AH00
IMPLEMENTATION OF SECTION 740 OF THE WENDELL H. FORD AVIATION

INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY AND SECTION 1051 OF THE

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2003

Priority: Substantive, Nonsignificant

Legal Authority: PL 106-181; PL 107-314

CFR Citation: 32 CFR 207

Legal Deadline: None

Abstract: This rule prescribes regulations to implement section 740 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st

Century (Pub. L. 106-181) and section 1051 of the National Defense

Authorization Act for Fiscal Year 2003 (Pub. L. 107-314). The regulations will establish procedures for the sale of excess Department of Defense aircraft to persons or entities that provide oil spill response services (including the application of oil dispersants by air) pursuant to an oil spill response plan that has been approved by the

Secretary of the Department in which the Coast Guard is operating.

Timetable:

Action

Date

FR Cite

Interim Final Rule

05/22/03

68 FR 27904

Interim Final Rule Effective 05/22/03

Interim Final Rule Comment

Period End

07/21/03

Withdrawn

01/13/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Debra Bennett, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 604-0098

Related RIN: Related to 0790-AG95

RIN: 0790-AH02
CRIMINAL JURISDICTION OVER CIVILIANS EMPLOYED BY OR ACCOMPANYING

THE ARMED FORCES OUTSIDE THE UNITED STATES, SERVICE MEMBERS, AND FORMER

SERVICE MEMBERS (DODI 5525.11)

Priority: Other Significant

Legal Authority: 18 USC 3261

CFR Citation: 32 CFR 153

Legal Deadline: None

Abstract: This rule establishes policies and procedures, and assigns responsibilities, under the Military Extraterritorial Jurisdiction Act

(MEJA), for exercising extraterritorial criminal jurisdiction over certain military personnel, former service members of the United States

Armed Forces, and over civilians employed by or accompanying the Armed

Forces outside the United States (as specifically defined in section 3267 of MEJA).

Timetable:

Action

Date

FR Cite

NPRM

02/02/04

69 FR 4890

NPRM

12/22/05

70 FR 75998

Second NPRM

12/22/05

70 FR 75998

NPRM Withdrawn

01/20/06

71 FR 3254

Second NPRM Comment Period End 02/26/06

Final Action

02/22/06

71 FR 8946

Final Action Effective

03/03/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Robert E. Reed, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 695-1055

RIN: 0790-AH73
SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE

DEPARTMENT OF DEFENSE

Priority: Info./Admin./Other

Legal Authority: 5 USC 301; 5 USC 7301; 5 USC 7351; 5 USC 7353; EO 12674; EO 12731; 5 CFR 2635.105; 5 CFR 2635.203(a); 5 CFR 2635.204(k); 5 CFR 2635.803

CFR Citation: 5 CFR 3601

Legal Deadline: None

Page 22482

Abstract: The Department of Defense, with the concurrence of the Office of Government Ethics (OGE), is amending the Supplemental Standards of

Ethical Conduct for Employees of the Department of Defense to reflect certain administrative changes as a result of DoD reorganizations, as well as to add a component.

Timetable:

Action

Date

FR Cite

Interim Final Rule; Amendments 11/18/03

68 FR 64979

Interim Final Rule Effective;

Amendments

11/18/03

Withdrawn

01/13/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Gail Mason, Standards of Conduct Office, General

Counsel, Department of Defense, Office of the Secretary, 1600 Defense

Pentagon, Washington, DC 20301-1600

Phone: 703 697-5305

RIN: 0790-AH74
REVITALIZING BASE CLOSURE COMMUNITIES AND ADDRESSING IMPACTS OF

REALIGNMENT

Priority: Other Significant

Legal Authority: 10 USC 113; 10 USC 2687 note

CFR Citation: 32 CFR 174; 32 CFR 175; 32 CFR 176

Legal Deadline: None

Abstract: This amendment consolidates parts 174, 175, and 176 into a single part. The amendment also address changes in law, policy, and environmental requirements not currently addressed.

Timetable:

Action

Date

FR Cite

NPRM

08/09/05

70 FR 15698

NPRM Comment Period End

10/10/05

70 FR 15698

Final Action

02/28/06

71 FR 9910

Final Action Effective

02/28/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: S. Kleiman, Department of Defense, Office of the

Secretary, 3400 Defense Pentagon, Washington, DC 20310-3400

Phone: 703 571-9085

RIN: 0790-AH91
COMPLIANCE OF DOD MEMBERS, EMPLOYEES, AND FAMILY

MEMBERS OUTSIDE THE UNITED STATES WITH COURT ORDERS

Priority: Substantive, Nonsignificant

Legal Authority: 18 USC ch 212

CFR Citation: 32 CFR 146

Legal Deadline: None

Abstract: Chapter 212 of title 18, United States Code (Military

Extraterritorial Jurisdiction Act of 2000 (MEJA)) establishes Federal criminal jurisdiction over whoever engages in conduct outside the

United States that would constitute an offense punishable by imprisonment for more than 1 year (i.e., a felony offense) while employed by or accompanying the Armed Forces outside the United States, certain members of the Armed Forces subject to the Uniform Code of

Military Justice (chapter 47 of title 10, United States Code), and former members of the Armed Forces.

Timetable:

Action

Date

FR Cite

Final Action

02/24/06

71 FR 9451

Final Action Effective

02/24/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Marsha Mouyal, Department of Defense, Office of the

Secretary, Defense Pentagon, Washington, DC 20301

Phone: 703 695-3657

Email: mouyalm@dodgc.osd.mil

RIN: 0790-AH94

Department of Defense (DOD)

Proposed Rule Stage

Defense Acquisition Regulations Council (DARC)
PROTESTS, DISPUTES, AND APPEALS (DFARS CASE 2003-D010)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 233

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to protests, disputes, and appeals.

Timetable:

Action

Date

FR Cite

NPRM

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE01
SMALL BUSINESS PROGRAMS (DFARS CASE 2003-D047)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 219

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the participation of small business concerns in DoD acquisitions.

Timetable:

Action

Date

FR Cite

NPRM

04/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Page 22483

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE93
DEFINITIONS OF COMPONENT AND DOMESTIC MANUFACTURE (DFARS CASE 2005-

D010)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 225; 48 CFR 252

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to clarify use of the terms

``component'' and ``domestic manufacture'' as they relate to restrictions on the acquisition of items from foreign sources.

Timetable:

Action

Date

FR Cite

NPRM

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF22
BUY AMERICAN ACT EXEMPTION FOR COMMERCIAL INFORMATION TECHNOLOGY

(DFARS CASE 2005-D011)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-447, sec 517

CFR Citation: 48 CFR 225

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 517 of

Division H of the Consolidated Appropriations Act, 2005. Section 517 authorizes an exemption from the Buy American Act for information technology that is a commercial item.

Timetable:

Action

Date

FR Cite

NPRM

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF23
REPORTS OF GOVERNMENT PROPERTY (DFARS CASE 2005-D015)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 245; 48 CFR 252

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to update requirements for contractor reporting of government property in the contractor's possession. DoD contractors will be required to provide item unique identification (IUID) information electronically in the IUID Registry.

Timetable:

Action

Date

FR Cite

NPRM

03/21/06

71 FR 14151

NPRM Comment Period End

04/20/06

Final Action

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF24
PATENTS, DATA, AND COPYRIGHTS (DFARS CASE 2003-

D049)

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 2320; 10 USC 2321

CFR Citation: 48 CFR 227; 48 CFR 252.227

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative pertaining to the acquisition of technical data, computer software, and computer software documentation.

Timetable:

Action

Date

FR Cite

NPRM

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF26
ELECTRONIC SUBMISSION AND PROCESSING OF PAYMENT

REQUESTS (DFARS CASE 2005-D009)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 232.70; 48 CFR 252.232-7003

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to update policy addressing requirements for DoD contractors to submit payment requests in electronic form. Clarifies the situations under which DoD will grant exceptions to requirements for electronic submission of payment requests.

Timetable:

Action

Date

FR Cite

NPRM

03/21/06

71 FR 14149

NPRM Comment Period End

05/22/06

Final Action

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Page 22484

Email: michele.peterson@osd.mil

RIN: 0750-AF28
CONTRACTING OFFICERS' REPRESENTATIVES (DFARS

CASE 2005-D022)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 201.602-2

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to clarify the authority of personnel designated as contracting officers' representatives. Also relocates procedures regarding designation of a contracting officer's representative, to the new DFARS companion resource, Procedures, Guidance, and Information.

Timetable:

Action

Date

FR Cite

NPRM

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF30

Department of Defense (DOD)

Final Rule Stage

Defense Acquisition Regulations Council (DARC)
INCREMENTAL FUNDING, FIXED-PRICE CONTRACTS (DFARS CASE 1990-037)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 232.7; 48 CFR 252.232

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to permit the use of incremental funding of fixed-price contracts in certain situations.

Timetable:

Action

Date

FR Cite

Case Opened

09/26/90

Interim Final Rule

09/01/93

58 FR 46091

Final Action

05/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

Related RIN: Previously reported as 0790-AE42

RIN: 0750-AA07
PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (DFARS

CASE 2001-D015)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 227.3; 48 CFR 252.227

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to add a contract clause on patent rights to replace a FAR clause that has been proposed for deletion.

Timetable:

Action

Date

FR Cite

NPRM

09/30/04

69 FR 58377

NPRM Comment Period End

11/01/04

Final Action

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AD72
THRESHOLD FOR SMALL BUSINESS SPECIALIST REVIEW (DFARS CASE 2003-

D060)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 219.201

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) as a result of the

DFARS Transformation Initiative. Eliminates requirements for small business specialists to review proposed acquisitions that are under

$100,000 and totally set aside for small business concerns. Also proposes to relocate text addressing the functions of small business specialists to the new DFARS companion resource, Procedures, Guidance, and Information.

Timetable:

Action

Date

FR Cite

NPRM

04/23/04

69 FR 21997

NPRM Comment Period End

06/22/04

Final Action

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE30
TRANSITION OF WEAPONS-RELATED PROTOTYPE PROJECTS TO FOLLOW-ON

CONTRACTS (DFARS CASE 2003-D106)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-136, sec 847

CFR Citation: 48 CFR 212.212; 48 CFR 212.70

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to establish a pilot program that permits contracting officers to use FAR part 12

(Acquisition of Commercial Items) procedures to award follow-on contracts for the production of items begun as prototype

Page 22485

projects under other transaction agreements. The follow-on contract must be awarded to a nontraditional defense contractor; must not exceed

$50,000,000; must be either firm-fixed-price or fixed-price with economic price adjustment; and must be awarded on or before September 30, 2008. This change implements section 847 of the National Defense

Authorization Act for Fiscal Year 2004 and is intended to ease the transition of nontraditional defense contractors from prototype transactions to standard contracts.

Timetable:

Action

Date

FR Cite

Interim Final Rule

11/01/04

69 FR 63329

Interim Final Rule Comment

Period End

01/03/05

Final Action

05/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE49
BASIC AGREEMENTS FOR TELECOMMUNICATIONS SERVICES (DFARS CASE 2003-

D056)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 239.74

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the use of basic agreements in the acquisition of telecommunications services.

Timetable:

Action

Date

FR Cite

NPRM

11/22/04

69 FR 67883

NPRM Comment Period End

01/21/05

Final Action

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE69
CONTRACT PRICING AND COST ACCOUNTING STANDARDS (DFARS CASE 2003-

D014)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 215.4; 48 CFR 230; 48 CFR 252.215-7002; 48 CFR 253.215-70

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to contract pricing matters and cost accounting standards administration.

Timetable:

Action

Date

FR Cite

NPRM

12/20/05

70 FR 75440

NPRM Comment Period End

02/21/06

Final Action

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

Related RIN: Merged with 0750-AE10

RIN: 0750-AE71
EXCHANGE OR SALE OF GOVERNMENT-OWNED INFORMATION TECHNOLOGY (DFARS

CASE 2003-D094)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 239.70

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the exchange or sale of Government-owned information technology.

Timetable:

Action

Date

FR Cite

NPRM

09/16/05

70 FR 54697

NPRM Comment Period End

11/15/05

Final Action

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE72
MATERIAL INSPECTION AND RECEIVING REPORT (DFARS CASE 2003-D085)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR ch 2, app F

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that relate to the use of material inspection and receiving reports for items delivered under DoD contracts.

Timetable:

Action

Date

FR Cite

NPRM

07/12/05

70 FR 39975

NPRM Comment Period End

09/12/05

Final Action

10/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE73

Page 22486
UNIFORM CONTRACT LINE ITEM NUMBERING (DFARS CASE 2003-D082)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 204.71

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to uniform line item numbering in DoD contracts.

Timetable:

Action

Date

FR Cite

NPRM

04/12/05

70 FR 19036

NPRM Comment Period End

06/13/05

Final Action

04/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE76
ADMINISTRATIVE MATTERS (DFARS CASE 2003-D084)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 204.1; 48 CFR 204.4; 48 CFR 204.9

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that relate to administrative aspects of contract placement.

Timetable:

Action

Date

FR Cite

NPRM

04/12/05

70 FR 19037

NPRM Comment Period End

06/13/05

Final Action

04/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE77
BUSINESS RESTRUCTURING COSTS (DFARS CASE 2004-D026)

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 2325

CFR Citation: 48 CFR 231.205-70

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 819 of the National Defense Authorization Act for Fiscal Year 2005. Section 819 lowers the approval level for determinations relating to payment of restructuring costs to DoD contractors.

Timetable:

Action

Date

FR Cite

Interim Final Rule

07/26/05

70 FR 43074

Interim Final Rule Comment

Period End

09/26/05

Final Action

04/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE79
SOLE SOURCE AWARD OF 8(A) CONTRACTS TO NATIVE HAWAIIAN-OWNED SMALL

BUSINESS CONCERNS (DFARS CASE 2004-D031)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-287, sec 8021

CFR Citation: 48 CFR 219.805

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 8021 of the DoD Appropriations Act for Fiscal Year 2005. Section 8021 permits sole source awards to Native Hawaiian small business concerns under the 8(a) Program.

Timetable:

Action

Date

FR Cite

Interim Final Rule

07/26/05

70 FR 43072

Interim Final Rule Comment

Period End

09/26/05

Final Action

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE81
QUALITY ASSURANCE (DFARS CASE 2003-D027)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 246

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to contract quality assurance.

Timetable:

Action

Date

FR Cite

NPRM

05/24/05

70 FR 29710

NPRM Comment Period End

07/25/05

Final Action

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE85
TRANSPORTATION (DFARS CASE 2003-D028)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

Page 22487

CFR Citation: 48 CFR 247

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to transportation requirements under DoD contracts.

Timetable:

Action

Date

FR Cite

NPRM

07/26/05

70 FR 43109

NPRM Comment Period End

09/26/05

Final Action

10/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE89
CONSTRUCTION CONTRACTING (DFARS CASE 2003-D034)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 236.1; 48 CFR 236.2

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to construction contracts.

Timetable:

Action

Date

FR Cite

NPRM

06/21/05

70 FR 35605

NPRM Comment Period End

08/22/05

Final Action

04/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE91
ACQUISITION PLANNING (DFARS CASE 2003-D044)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 207

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to acquisition planning.

Timetable:

Action

Date

FR Cite

NPRM

09/16/05

70 FR 54693

NPRM Comment Period End

11/15/05

Final Action

10/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE92
CONTRACT TERMINATION (DFARS CASE 2003-D046)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 249

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to contract termination matters.

Timetable:

Action

Date

FR Cite

NPRM

07/12/05

70 FR 39980

NPRM Comment Period End

09/12/05

Final Action

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE94
AUTHORIZATION FOR CONTINUED CONTRACTS (DFARS CASE 2003-D052)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 204.7001

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement a recommendation resulting from the DFARS Transformation Initiative that would authorize the issuance of a ``mirror contract'' when performance under the original contract number is no longer possible solely for administrative reasons.

Timetable:

Action

Date

FR Cite

NPRM

05/05/05

70 FR 23826

NPRM Comment Period End

07/05/05

Final Action

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE95
CONTRACT ADMINISTRATION FUNCTIONS (DFARS CASE 2003-D051)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 242.302

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative pertaining to contract administration functions.

Page 22488

Timetable:

Action

Date

FR Cite

NPRM

11/09/05

70 FR 67955

NPRM Comment Period End

01/09/06

Final Action

08/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE96
CONTRACTOR INSURANCE/PENSION REVIEWS (DFARS CASE 2003-D050)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 242.73

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the conduct of contractor insurance/pension reviews.

Timetable:

Action

Date

FR Cite

NPRM

06/21/05

70 FR 35606

NPRM Comment Period End

08/22/05

Final Action

04/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE97
ACQUISITION OF INFORMATION TECHNOLOGY (DFARS CASE 2003-D068)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 239

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the acquisition of information technology.

Timetable:

Action

Date

FR Cite

NPRM

09/16/05

70 FR 54698

NPRM Comment Period End

11/15/05

Final Action

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE98
DESCRIBING AGENCY NEEDS (DFARS CASE 2003-D073)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 211

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the use of requirements documents in DoD contracts.

Timetable:

Action

Date

FR Cite

NPRM

06/21/05

70 FR 35602

NPRM Comment Period End

08/22/05

Final Action

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE99
REQUIRED SOURCES OF SUPPLIES AND SERVICES (DFARS CASE 2003-D072)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 208

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the acquisition of supplies and services through Government sources.

Timetable:

Action

Date

FR Cite

NPRM

12/09/05

70 FR 73187

NPRM Comment Period End

02/07/06

Final Action

08/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF00
SPECIAL CONTRACTING METHODS (DFARS CASE 2003-D079)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 217

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the acquisition of supplies and services through special contracting methods.

Timetable:

Action

Date

FR Cite

NPRM

09/16/05

70 FR 54695

NPRM Comment Period End

11/15/05

Final Action

06/00/06

Page 22489

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF02
TYPES OF CONTRACTS (DFARS CASE 2003-D078)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 216

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the types of contracts that may be used in DoD acquisitions.

Timetable:

Action

Date

FR Cite

NPRM

09/16/05

70 FR 54694

NPRM Comment Period End

11/15/05

Final Action

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF03
APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS (DFARS CASE 2003-D019)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 222

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to requirements for compliance with labor laws under DoD contracts.

Timetable:

Action

Date

FR Cite

NPRM

07/12/05

70 FR 39978

NPRM Comment Period End

09/12/05

Final Action

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF06
COMBATING TRAFFICKING IN PERSONS (DFARS CASE 2004-D017)

Priority: Other Significant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 212.301; 48 CFR 225.74; 48 CFR 252.225

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement DoD policy prohibiting contractor employees from supporting or promoting trafficking in persons.

Timetable:

Action

Date

FR Cite

NPRM

06/21/05

70 FR 35603

NPRM Comment Period End

08/22/05

Final Action

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF11
NOTIFICATION REQUIREMENTS FOR CRITICAL SAFETY ITEMS (DFARS CASE 2004-D008)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-87, sec 8143

CFR Citation: 48 CFR 246; 48 CFR 252

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to add a contract clause requiring contractors to promptly notify the Government of any nonconformance or deficiency that could impact item safety.

Timetable:

Action

Date

FR Cite

NPRM

08/01/05

70 FR 44077

NPRM Comment Period End

09/30/05

Final Action

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF12
EXPORT-CONTROLLED INFORMATION AND TECHNOLOGY (DFARS CASE 2004-D010)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 204; 48 CFR 235; 48 CFR 252

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to address requirements for preventing unauthorized disclosure of export-controlled information and technology under DoD contracts.

Timetable:

Action

Date

FR Cite

NPRM

07/12/05

70 FR 39976

NPRM Comment Period End

09/12/05

Final Action

08/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Page 22490

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF13
LEVY ON PAYMENTS TO CONTRACTORS (DFARS CASE 2004-D033)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 232; 48 CFR 252

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to address the effect of

Internal Revenue Service levies on contract payments.

Timetable:

Action

Date

FR Cite

Interim Final Rule

09/01/05

70 FR 52031

Interim Final Rule Comment

Period End

10/31/05

Final Action

08/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF14
PROHIBITION OF FOREIGN TAXATION ON U.S. ASSISTANCE PROGRAMS (DFARS

CASE 2004-D012)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-7, sec 579 ; PL 108-199, sec 506

CFR Citation: 48 CFR 225; 48 CFR 252

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement section 579 of Division E of the Consolidated Appropriations Act, 2003, as amended by section 506 of Division D of the Consolidated

Appropriations Act, 2004. These statutes provide that commodities financed under U.S. assistance programs shall be exempt from taxation by the foreign government. This DFARS amendment includes a contract clause requiring the contractor to notify the contracting officer if a foreign government inappropriately imposes taxes.

Timetable:

Action

Date

FR Cite

Interim Final Rule

09/30/05

70 FR 57191

Interim Final Rule Effective 09/30/05

Interim Final Rule Comment

Period End

11/29/05

Final Action

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF15
INFLATION ADJUSTMENT OF ACQUISITION-RELATED THRESHOLDS (DFARS CASE 2004-D022)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-375, sec 807

CFR Citation: 48 CFR 205; 48 CFR 211; 48 CFR 216; 48 CFR 217; 48 CFR 219; 48 CFR 225; 48 CFR 228; 48 CFR 232; 48 CFR 236; 48 CFR 237; 48 CFR 252

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 807 of the National Defense Authorization Act for Fiscal Year 2005. Section 807 provides for an adjustment of acquisition-related thresholds every 5 years.

Timetable:

Action

Date

FR Cite

NPRM

01/23/06

71 FR 3446

NPRM Comment Period End

03/24/06

Final Action

10/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF16
RESTRICTION ON CARBON, ALLOY, AND ARMOR STEEL PLATE (DFARS CASE 2005-D002)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-287, sec 8029

CFR Citation: 48 CFR 225; 48 CFR 252

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to clarify restrictions on the acquisition of carbon, alloy, and armor steel plate from foreign sources.

Timetable:

Action

Date

FR Cite

NPRM

12/09/05

70 FR 73189

NPRM Comment Period End

02/07/06

Final Action

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF17
CONTRACT REPORTING (DFARS CASE 2005-D004)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 204; 48 CFR 253

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to update requirements for reporting contract actions in the Defense Contract Action Data System.

Timetable:

Action

Date

FR Cite

Final Action

04/00/06

Regulatory Flexibility Analysis Required: No

Page 22491

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF18
EARNED VALUE MANAGEMENT SYSTEMS (DFARS CASE 2005-D006)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 242; 48 CFR 252

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to update requirements for contractor compliance with earned value management system criteria.

Timetable:

Action

Date

FR Cite

NPRM

01/23/06

71 FR 3449

NPRM Comment Period End

03/24/06

Final Action

10/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF19
TRAINING FOR CONTRACTOR PERSONNEL INTERACTING WITH DETAINEES (DFARS

CASE 2005-D007)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-375, sec 1092

CFR Citation: 48 CFR 237; 48 CFR 252

Legal Deadline: Final, Statutory, March 27, 2005, Prescription of implementing policies.

Abstract: Amends the Defense FAR Supplement to implement section 1092 of the National Defense Authorization Act for Fiscal Year 2005. Section 1092 requires that DoD contractor personnel who interact with detainees receive training regarding the applicable international obligations and laws of the United States.

Timetable:

Action

Date

FR Cite

Interim Final Rule

09/01/05

70 FR 52032

Interim Final Rule Effective 09/01/05

Interim Final Rule Comment

Period End

10/31/05

Final Action

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF20
FOREIGN ACQUISITION PROCEDURES (DFARS CASE 2005-D012)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 225

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to remove text containing internal DoD procedures relating to the acquisition of items from foreign sources. This text will be relocated to the new DFARS companion resource, Procedures, Guidance, and Information.

Timetable:

Action

Date

FR Cite

NPRM

01/23/06

71 FR 3448

NPRM Comment Period End

03/24/06

Final Action

10/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF21
CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY

U.S. ARMED FORCES (DFARS CASE 2005-D013)

Priority: Other Significant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 212.301; 48 CFR 225.7402; 48 CFR 252.225-7040

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement DoD policy regarding contractor personnel authorized to accompany U.S. Armed

Forces deployed outside the United States. Addresses the status of contractor personnel as civilians accompanying the U.S. Armed Forces and the responsibilities of the combatant commander regarding the protection of contractor personnel.

Timetable:

Action

Date

FR Cite

Interim Final Rule

05/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF25
EXTENSION OF CONTRACT GOAL FOR SMALL

DISADVANTAGED BUSINESSES AND CERTAIN INSTITUTIONS OF HIGHER LEARNING

(DFARS CASE 2006-D010)

Priority: Substantive, Nonsignificant

Legal Authority: PL 109-163, sec 842; 10 USC 2323

CFR Citation: 48 CFR 219.000

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 842 of the National Defense Authorization Act for Fiscal Year 2006. Section 842 extends, through fiscal year 2009, DoD's 5 percent goal for award of

Page 22492

contract and subcontract dollars to small disadvantaged businesses and historically black colleges and universities and minority institutions.

Timetable:

Action

Date

FR Cite

Final Action

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF27
TRADE AGREEMENTS THRESHOLDS AND MOROCCO FREE

TRADE AGREEMENT (DFARS CASE 2005-D017)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-302; 41 USC 421

CFR Citation: 48 CFR 225; 48 CFR 252.225

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to incorporate increased thresholds for application of the World Trade Organization Government

Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative. Also implements a new Free

Trade Agreement with Morocco and amends the list of end products that are subject to trade agreements.

Timetable:

Action

Date

FR Cite

Interim Final Rule

04/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF29
RADIO FREQUENCY IDENTIFICATION (DFARS CASE 2006-

D002)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 211.275; 48 CFR 212.301; 48 CFR 252.211-7006

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to add additional commodities and ship-to locations that are subject to requirements for package marking with passive radio frequency identification tags.

Timetable:

Action

Date

FR Cite

Interim Final Rule

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF31
BERRY AMENDMENT EXCEPTIONS--ACQUISITION OF

PERISHABLE FOOD AND FISH, SHELLFISH, OR SEAFOOD (DFARS CASE 2006-D005)

Priority: Substantive, Nonsignificant

Legal Authority: PL 109-163, sec 831; 10 USC 2533a; PL 108-287, sec 8118; 10 USC 2533a

CFR Citation: 48 CFR 225.7002-2

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 831 of the National Defense Authorization Act for Fiscal Year 2006 and section 8118 of the DoD Appropriations Act for Fiscal Year 2005. Section 831 amends 10 U.S.C. 2533a(d)(3) to expand the exception from domestic source requirements, that is applicable to purchase of perishable foods by activities located outside the United States, to include acquisitions by other activities on behalf of those activities. Section 8118 makes permanent the requirements of 10 U.S.C. 2533a(f), that DoD must acquire only domestic fish, shellfish, and seafood manufactured or processed in the United States, including fish, shellfish, and seafood contained in foods manufactured or processed in the United States.

Timetable:

Action

Date

FR Cite

Interim Final Rule

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF32
BERRY AMENDMENT--NOTIFICATION REQUIREMENT AND

CLOTHING MATERIALS AND COMPONENTS (DFARS CASE 2006-D006)

Priority: Substantive, Nonsignificant

Legal Authority: PL 109-163, sec 833; 10 USC 2533a

CFR Citation: 48 CFR 225.7002

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 833 of the National Defense Authorization Act for Fiscal Year 2006. Section 833 amends 10 U.S.C. 2533a to add a requirement for DoD to provide notice on FedBizOpps when certain exceptions to domestic source requirements are applied and amends the restrictions on the acquisition of foreign clothing.

Timetable:

Action

Date

FR Cite

Interim Final Rule

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF33

Page 22493
PROHIBITION ON PROCUREMENTS FROM COMMUNIST

CHINESE MILITARY COMPANIES (DFARS CASE 2006-D007)

Priority: Substantive, Nonsignificant

Legal Authority: PL 109-163, sec 1211

CFR Citation: 48 CFR 225

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 1211 of the National Defense Authorization Act for Fiscal Year 2006. Section 1211 prohibits DoD from acquiring goods or services from Communist

Chinese military companies.

Timetable:

Action

Date

FR Cite

Interim Final Rule

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF34
PURCHASE OF WEAPONS OVERSEAS FOR FORCE

PROTECTION PURPOSES (DFARS CASE 2006-D008)

Priority: Substantive, Nonsignificant

Legal Authority: PL 109-163, sec 1231

CFR Citation: 48 CFR 225

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 1231 of the National Defense Authorization Act for Fiscal Year 2006. Section 1231 permits DoD to purchase weapons from any entity in a foreign country, if necessary to protect U.S. forces engaged in ongoing military operations in that country.

Timetable:

Action

Date

FR Cite

Interim Final Rule

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF35
LIMITATION ON TIERED EVALUATION OF OFFERS (DFARS

CASE 2006-D009)

Priority: Substantive, Nonsignificant

Legal Authority: PL 109-163, sec 816

CFR Citation: 48 CFR 210; 48 CFR 215

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 816 of the National Defense Authorization Act for Fiscal Year 2006. Section 816 requires DoD to prescribe guidance on the use of tiered evaluation of offers for contracts and for task or delivery orders under contracts.

Timetable:

Action

Date

FR Cite

Interim Final Rule

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF36
SECURITY-GUARD SERVICES CONTRACTS (DFARS CASE 2006-D011)

Priority: Substantive, Nonsignificant

Legal Authority: PL 109-163, sec 334

CFR Citation: 48 CFR 237.102-70

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 334 of the National Defense Authorization Act for Fiscal Year 2006. Section 334 extends through September 30, 2007, the authority for contractor performance of security-guard functions at military installations or facilities if the functions would otherwise have to be performed by members of the armed forces who are not readily available due to a deployment.

Timetable:

Action

Date

FR Cite

Interim Final Rule

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF37
PROCUREMENT OF MAJOR WEAPON SYSTEMS AS

COMMERCIAL ITEMS (DFARS CASE 2006-D012)

Priority: Substantive, Nonsignificant

Legal Authority: PL 109-163, sec 803

CFR Citation: 48 CFR 212; 48 CFR 234

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 803 of the National Defense Authorization Act for Fiscal Year 2006. Section 803 limits the use of commercial item procedures for the acquisition of major weapon systems.

Timetable:

Action

Date

FR Cite

Interim Final Rule

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF38
LEASE OF VESSELS, AIRCRAFT, AND COMBAT VEHICLES

(DFARS CASE 2006-D013)

Priority: Substantive, Nonsignificant

Legal Authority: PL 109-163, sec 815

Page 22494

CFR Citation: 48 CFR 207.470

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 815 of the National Defense Authorization Act for Fiscal Year 2006. Section 815 extends the requirements that are applicable to the lease of aircraft and naval vessels to also include combat vehicles.

Timetable:

Action

Date

FR Cite

Interim Final Rule

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF39
EVALUATION FACTOR FOR EMPLOYING OR

SUBCONTRACTING WITH MEMBERS OF THE ARMED FORCES RESERVE (DFARS CASE 2006-D014)

Priority: Substantive, Nonsignificant

Legal Authority: PL 109-163, sec 819

CFR Citation: 48 CFR 215; 48 CFR 252.215

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 819 of the National Defense Authorization Act for Fiscal Year 2006. Section 819 authorizes DoD to use an evaluation factor as to whether a prospective contractor intends to carry out the contract using individuals or subcontractors who are members of the Selected Reserve of the reserve components of the Armed Forces.

Timetable:

Action

Date

FR Cite

Interim Final Rule

09/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF40
CONGRESSIONAL NOTIFICATION OF AWARD OF

ARCHITECT-ENGINEER SERVICES / MILITARY FAMILY HOUSING CONTRACTS (DFARS

CASE 2006-D015)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-136, sec 1031

CFR Citation: 48 CFR 236.601

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 1031 of the National Defense Authorization Act for Fiscal Year 2004. Section 1031 amends the congressional notification requirements related to the award of architect-engineer contracts for military construction or military family housing.

Timetable:

Action

Date

FR Cite

Interim Final Rule

08/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF41
AVIATION INTO-PLANE REIMBURSEMENT (AIR) CARD

(DFARS CASE 2006-D017)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 213.306

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to authorize use of the AIR card in lieu of a Standard Form 44 for purchase of aviation fuel and oil.

Timetable:

Action

Date

FR Cite

Final Action

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF42

Department of Defense (DOD)

Long-Term Actions

Defense Acquisition Regulations Council (DARC)
CODIFICATION AND MODIFICATION OF BERRY AMENDMENT (DFARS CASE 2002-

D002)

Priority: Substantive, Nonsignificant

CFR Citation: 48 CFR 225.7002; 48 CFR 252.212-7001; 48 CFR 252.225-7012

Timetable:

Action

Date

FR Cite

Interim Final Rule

04/26/02

67 FR 20697

Interim Final Rule Comment

Period End

06/25/02

Final Action

To Be

Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AD76

Page 22495

Department of Defense (DOD)

Completed Actions

Defense Acquisition Regulations Council (DARC)
APPROVAL OF SERVICE CONTRACTS AND TASK ORDERS (DFARS CASE 2002-

D024)

Priority: Substantive, Nonsignificant

Legal Authority: PL 107-107, sec 801(b); PL 108-375, sec 854

CFR Citation: 48 CFR 207.105; 48 CFR 208.404; 48 CFR 217.78; 48 CFR 237.170

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 801(b) of the Fiscal Year 2002 National Defense Authorization Act. Section 801(b) requires DoD to establish and implement a management structure for the procurement of services.

Timetable:

Action

Date

FR Cite

Interim Final Rule

10/01/03

68 FR 56563

Interim Final Rule Comment

Period End

12/01/03

Interim Final Rule

05/24/05

70 FR 29640

Interim Final Rule Comment

Period End

07/25/05

Final Action

03/21/06

71 FR 14102

Final Action Effective

03/21/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AD81
PURCHASE CARD INTERNAL CONTROLS (DFARS CASE 2002-D025)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 213.3

Legal Deadline: None

Abstract: Proposed amendments to the Defense FAR Supplement regarding internal controls for proper use of the Governmentwide commercial purchase card.

Timetable:

Action

Date

FR Cite

NPRM

12/20/02

67 FR 77955

NPRM Comment Period End

02/18/03

Withdrawn

10/24/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AD87
CONTRACT PERIOD FOR TASK AND DELIVERY ORDER CONTRACTS (DFARS CASE 2003-D097)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-136, sec 843

CFR Citation: 48 CFR 216.501-2; 48 CFR 217.204

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 843 of the Fiscal Year 2004 National Defense Authorization Act. Section 843 provides that a task or delivery order contract awarded under the authority of 10 U.S.C. 2304a may cover a total period of not more than 10 years, unless the head of the contracting activity determines that exceptional circumstances require a longer ordering period.

Timetable:

Action

Date

FR Cite

Interim Final Rule

03/23/04

69 FR 13478

Interim Final Rule Comment

Period End

05/24/04

Interim Final Rule

12/15/04

69 FR 74992

Interim Final Rule Comment

Period End

02/14/05

Final Action

12/09/05

70 FR 73151

Final Action Effective

12/09/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE25
CONSOLIDATION OF CONTRACT REQUIREMENTS (DFARS CASE 2003-D109)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-136, sec 801; 10 USC 2382

CFR Citation: 48 CFR 207.170; 48 CFR 219.201

Legal Deadline: Other, Statutory, May 23, 2004, Applies to solicitations issued after 05/22/2004.

Abstract: Amends the Defense FAR Supplement to place restrictions on consolidating two or more separate requirements into a single solicitation and contract. Requires agencies to include the following in acquisition strategies that involve consolidation of requirements exceeding $5,000,000: (1) The results of market research; (2) any alternatives that would involve a lesser degree of consolidation; and

(3) a determination by the senior procurement executive that the consolidation is necessary and justified. This change implements section 801 of the National Defense Authorization Act for Fiscal Year 2004 and is intended to ensure that decisions regarding consolidation of requirements are made with a view toward providing maximum practicable opportunity for small business concerns to participate in

DoD procurements.

Timetable:

Action

Date

FR Cite

Interim Final Rule

09/17/04

69 FR 55986

Interim Final Rule Comment

Period End

11/16/04

Final Action

03/21/06

71 FR 14104

Final Action Effective

03/21/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele P. Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE48

Page 22496
FREE TRADE AGREEMENTS--AUSTRALIA AND MOROCCO (DFARS CASE 2004-D013)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-286; PL 108-302

CFR Citation: 48 CFR 225; 48 CFR 252

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement new Free Trade

Agreements with Australia and Morocco. The Free Trade Agreements waive the applicability of the Buy American Act for some foreign supplies and construction materials from Australia and Morocco, and specify procurement procedures designed to ensure fairness.

Timetable:

Action

Date

FR Cite

Interim Final Rule

01/13/05

70 FR 2361

Interim Final Rule Comment

Period End

03/14/05

Final Action

12/09/05

70 FR 73152

Final Action Effective

12/09/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE59
ACQUISITION OF BALL AND ROLLER BEARINGS (DFARS CASE 2003-D021)

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 2534

CFR Citation: 48 CFR 225.70; 48 CFR 252.225-7016

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to improve the clarity of domestic source restrictions on the acquisition of ball and roller bearings, by addressing only the exceptions, waivers, and waiver authority available to the contracting officer under current law, and by making the restrictions inapplicable to bearings that are commercial components of non-commercial end items or components.

Timetable:

Action

Date

FR Cite

NPRM

02/22/05

70 FR 8560

NPRM Comment Period End

04/25/05

Final Action

03/21/06

71 FR 14110

Final Action Effective

03/21/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE60
SPECIALIZED SERVICE CONTRACTING (DFARS CASE 2003-D041)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 237.70; 48 CFR 237.71; 48 CFR 252.237

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the acquisition of mortuary and laundry and dry cleaning services.

Timetable:

Action

Date

FR Cite

NPRM

02/22/05

70 FR 8563

NPRM Comment Period End

04/25/05

Final Action

01/23/06

71 FR 3415

Final Action Effective

01/23/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE62
ACQUISITION OF TELECOMMUNICATIONS SERVICES (DFARS CASE 2003-D055)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 239.74

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the acquisition of telecommunications services.

Timetable:

Action

Date

FR Cite

NPRM

02/22/05

70 FR 8564

NPRM Comment Period End

04/25/05

Final Action

11/09/05

70 FR 67918

Final Action Effective

11/09/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE63
UTILITY RATES ESTABLISHED BY REGULATORY BODIES (DFARS CASE 2003-

D096)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 241.201; 48 CFR 241.501

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to utility rates established by independent and non-independent regulatory bodies.

Timetable:

Action

Date

FR Cite

NPRM

02/22/05

70 FR 8565

NPRM Comment Period End

04/25/05

Final Action

01/23/06

71 FR 3418

Final Action Effective

01/23/06

Page 22497

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE64
ACQUISITION OF UTILITY SERVICES (DFARS CASE 2003-D069)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 241

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the acquisition of utility services.

Timetable:

Action

Date

FR Cite

NPRM

02/22/05

70 FR 8566

NPRM Comment Period End

04/25/05

Final Action

01/23/06

71 FR 3416

Final Action Effective

01/23/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE65
EXTRAORDINARY CONTRACTUAL ACTIONS (DFARS CASE 2003-D048)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 250

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the processing of requests for extraordinary contract adjustments.

Timetable:

Action

Date

FR Cite

NPRM

02/07/05

70 FR 6393

NPRM Comment Period End

04/08/05

Final Action

11/09/05

70 FR 67923

Final Action Effective

11/09/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE66
UPDATE OF CLAUSES FOR TELECOMMUNICATIONS SERVICES (DFARS CASE 2003-

D053)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 239.74; 48 CFR 252.239

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the acquisition of telecommunications services.

Timetable:

Action

Date

FR Cite

NPRM

11/22/04

69 FR 67885

NPRM Comment Period End

01/21/05

Final Action

11/09/05

70 FR 67919

Final Action Effective

11/09/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE67
INFORMATION TECHNOLOGY EQUIPMENT--SCREENING OF GOVERNMENT INVENTORY

(DFARS CASE 2003-D054)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 239.73

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to procedures for screening of Government inventory before authorizing a contractor to purchase information technology equipment.

Timetable:

Action

Date

FR Cite

NPRM

11/22/04

69 FR 67884

NPRM Comment Period End

01/21/05

Final Action

11/09/05

70 FR 67917

Final Action Effective

11/09/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE68
FOREIGN ACQUISITION (DFARS CASE 2003-D008)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 225; 48 CFR 252.225

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that relate to the acquisition of supplies and services from foreign sources.

Timetable:

Action

Date

FR Cite

NPRM

03/23/05

70 FR 14625

NPRM Comment Period End

05/23/05

Final Action

12/09/05

70 FR 73153

Final Action Effective

12/09/05

Page 22498

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE70
MICRO-PURCHASES NOT USING THE GOVERNMENTWIDE PURCHASE CARD (DFARS

CASE 2003-D059)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 213.270

Legal Deadline: None

Abstract: Proposed amendments to the Defense FAR Supplement regarding use of the Governmentwide commercial purchase card for actions at or below the micro-purchase threshold.

Timetable:

Action

Date

FR Cite

NPRM

04/12/05

70 FR 19041

NPRM Comment Period End

06/13/05

Withdrawn

11/15/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE74
SIMPLIFIED ACQUISITION PROCEDURES (DFARS CASE 2003-D075)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 213; 48 CFR 253.213

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the use of simplified acquisition procedures.

Timetable:

Action

Date

FR Cite

NPRM

04/12/05

70 FR 19042

NPRM Comment Period End

06/13/05

Final Action

01/23/06

71 FR 3412

Final Action Effective

01/23/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE75
CONTRACT FINANCING (DFARS CASE 2003-D043)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 232

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to contract financing and payment.

Timetable:

Action

Date

FR Cite

NPRM

05/05/05

70 FR 23827

NPRM Comment Period End

07/05/05

Final Action

12/20/05

70 FR 75412

Final Action Effective

12/20/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE78
DOD PILOT MENTOR-PROT[Eacute]G[Eacute] PROGRAM (DFARS CASE 2004-

D028)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-375, sec 841; PL 108-375, sec 842

CFR Citation: 48 CFR 219.71; 48 CFR ch 2, app I

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement sections 841 and 842 of the National Defense Authorization Act for Fiscal Year 2005.

Section 841 provides for a 5-year extension of the DoD Pilot Mentor-

Prot[eacute]g[eacute] Program. Section 842 expands the program to include service-disabled veteran-owned small business concerns and

HUBZone small business concerns.

Timetable:

Action

Date

FR Cite

Interim Final Rule

05/24/05

70 FR 29644

Interim Final Rule Comment

Period End

07/25/05

Final Action

01/23/06

71 FR 3414

Final Action Effective

01/23/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE80
INCENTIVE PROGRAM FOR USE OF DOMESTIC MACHINE TOOLS AND OTHER

CAPITAL ASSETS (DFARS CASE 2005-D003)

Priority: Substantive, Nonsignificant

Legal Authority: PL 108-136, sec 822

CFR Citation: 48 CFR 215; 48 CFR 216

Legal Deadline: Other, Statutory, May 24, 2005, Interim Final.

Final, Statutory, February 18, 2006.

Abstract: Amends the Defense FAR Supplement to implement section 822 of the National Defense Authorization Act for Fiscal Year 2004. Section 822 requires DoD to establish incentives for DoD contractors to purchase capital assets manufactured in the United States.

Page 22499

Timetable:

Action

Date

FR Cite

Interim Final Rule

05/24/05

70 FR 29643

Interim Final Rule Comment

Period End

07/25/05

Final Action

03/21/06

71 FR 14108

Final Action Effective

03/21/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE83
SUBCONTRACTING POLICIES AND PROCEDURES (DFARS CASE 2003-D025)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 244.3; 48 CFR 252.244-7000

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative pertaining to subcontracts awarded under DoD contracts.

Timetable:

Action

Date

FR Cite

NPRM

04/12/05

70 FR 19044

NPRM Comment Period End

06/13/05

Final Action

11/09/05

70 FR 67922

Final Action Effective

11/09/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE86
CONTRACT MODIFICATIONS (DFARS CASE 2003-D024)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 243.1; 48 CFR 243.2

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative pertaining to contract modifications.

Timetable:

Action

Date

FR Cite

NPRM

03/23/05

70 FR 14629

NPRM Comment Period End

05/23/05

Final Action

11/09/05

70 FR 67921

Final Action Effective

11/09/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE87
SOCIOECONOMIC PROGRAMS (DFARS CASE 2003-D029)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 226

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to socioeconomic considerations in DoD contracting.

Timetable:

Action

Date

FR Cite

NPRM

04/12/05

70 FR 19038

NPRM Comment Period End

06/13/05

Final Action

12/09/05

70 FR 73148

Final Action Effective

12/09/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE88
ENVIRONMENT, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE (DFARS

CASE 2003-D039)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 223

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative pertaining to environmental and safety matters under DoD contracts.

Timetable:

Action

Date

FR Cite

NPRM

04/12/05

70 FR 19039

NPRM Comment Period End

06/13/05

Final Action

12/09/05

70 FR 73150

Final Action Effective

12/09/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AE90
COMPONENT BREAKOUT (DFARS CASE 2003-D071)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 207.105; 48 CFR app D

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to the breakout of components of end items for future acquisitions.

Page 22500

Timetable:

Action

Date

FR Cite

NPRM

03/23/05

70 FR 14623

NPRM Comment Period End

05/23/05

Final Action

03/21/06

71 FR 14101

Final Action Effective

03/21/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF01
CONTRACTING BY NEGOTIATION (DFARS CASE 2003-D077)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 215

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to DoD negotiated acquisitions.

Timetable:

Action

Date

FR Cite

NPRM

03/23/05

70 FR 14624

NPRM Comment Period End

05/23/05

Final Action

01/23/06

71 FR 3413

Final Action Effective

01/23/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF04
CONTRACT ADMINISTRATION (DFARS CASE 2003-D023)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 242; 48 CFR 252.242-7000; 48 CFR 252.242-7004

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement (DFARS) to implement recommendations resulting from the DFARS Transformation Initiative that pertain to DoD contract administration and audit services.

Timetable:

Action

Date

FR Cite

NPRM

04/12/05

70 FR 19043

NPRM Comment Period End

06/13/05

Final Action

11/09/05

70 FR 67919

Final Action Effective

11/09/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF05
COMPETITION REQUIREMENTS FOR FEDERAL SUPPLY SCHEDULES AND MULTIPLE

AWARD CONTRACTS (DFARS CASE 2004-D009)

Priority: Substantive, Nonsignificant

Legal Authority: 41 USC 421

CFR Citation: 48 CFR 208.4; 48 CFR 216.5

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to strengthen requirements for competition in the placement of orders under Federal Supply

Schedules and multiple award contracts.

Timetable:

Action

Date

FR Cite

NPRM

06/02/05

70 FR 32280

NPRM Comment Period End

08/01/05

Final Action

03/21/06

71 FR 14106

Final Action Effective

03/21/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF08
CONTRACTOR PERFORMANCE OF ACQUISITION FUNCTIONS CLOSELY ASSOCIATED

WITH INHERENTLY GOVERNMENTAL FUNCTIONS (DFARS CASE 2004-D021)

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 2383

CFR Citation: 48 CFR 207.5

Legal Deadline: None

Abstract: Amends the Defense FAR Supplement to implement section 804 of the National Defense Authorization Act for Fiscal Year 2005. Section 804 places limitations on the award of contracts for the performance of acquisition functions closely associated with inherently governmental functions.

Timetable:

Action

Date

FR Cite

Interim Final Rule

03/23/05

70 FR 14572

Interim Final Rule Comment

Period End

05/23/05

Final Action

03/21/06

71 FR 14100

Final Action Effective

03/21/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Businesses

Government Levels Affected: Federal

Agency Contact: Michele Peterson, Department of Defense, Defense

Acquisition Regulations Council, 3062 Defense Pentagon, Washington, DC 20301-3062

Phone: 703 602-0311

Email: michele.peterson@osd.mil

RIN: 0750-AF09

Page 22501

Department of Defense (DOD)

Final Rule Stage

Department of the Army (DOA)
LAW ENFORCEMENT REPORTING

Priority: Other Significant

Legal Authority: 28 USC 534 note; 42 USC 10601; 18 USC 922; 42 USC 14071; 10 USC 1562; 10 USC ch 47; PL 108-374; . . .

CFR Citation: 32 CFR 635

Legal Deadline: None

Abstract: This rule is being amended to implement portions of section 577(b)(5) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, October 28, 2004, Public Law 108-375, pertaining to reporting of sexual assaults. This revision also implements

Department of Defense policy concerning sexual assault.

Timetable:

Action

Date

FR Cite

NPRM

12/09/05

70 FR 73181

NPRM Comment Period End

01/09/06

Final Action

04/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Brenda S. Bowen, Department of Defense, Department of the Army, U.S. Army Records Management and Declassification Agency,

ATTN: JDRP-RDR-C, 7701 Telegraph Road, Alexandria, VA 22315-3860

Phone: 703 428-6422

Fax: 703 428-6514

Email: brenda.bowen@rmda.belvoir.army.mil

RIN: 0702-AA52

Department of Defense (DOD)

Completed Actions

Department of the Army (DOA)
FOREIGN ACQUISITION

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 10 USC 2202; FAR 1.301; DFARS 201.3; DODD 5000.35; . . .

CFR Citation: 48 CFR 5125

Legal Deadline: None

Abstract: To increase consistency in Army contracts that may require deployment of personnel, the Department of the Army is amending 48 CFR chapter 51. This interim rule is a consolidation and summarization of current information available in several documents, some of which are currently in draft form, and does not include new Army contracting policy.

Timetable:

Action

Date

FR Cite

Interim Final Rule

11/28/03

68 FR 66738

Interim Final Rule Comment

Period End

01/27/04

Withdrawn

01/30/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: This interim rule is added to incorporate information to facilitate deploying contractor personnel to Iraq and other areas of operations. It also seeks to ease the administrative difficulty for each contractor and contracting office researching current guidance on contractors accompanying the force and to increase consistency among Army contracts. This amendment addresses contractor and Army contracting offices' questions and concerns.

Agency Contact: Brenda S. Bowen, Department of Defense, Department of the Army, U.S. Army Records Management and Declassification Agency,

ATTN: JDRP-RDR-C, 7701 Telegraph Road, Alexandria, VA 22315-3860

Phone: 703 428-6422

Fax: 703 428-6514

Email: brenda.bowen@rmda.belvoir.army.mil

Related RIN: Related to 0702-AA39

RIN: 0702-AA38
SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 10 USC 2202; FAR 1.301; DOD FAR 201.3; DODD 5000.35; . . .

CFR Citation: 48 CFR 5152

Legal Deadline: None

Abstract: To increase consistency in Army contracts that may require deployment of contractor personnel, the Department of the Army is amending 48 CFR part 5152. This interim rule seeks to incorporate information to facilitate the deployment of contractor personnel to

Iraq or other areas of operations.

Timetable:

Action

Date

FR Cite

Interim Final Rule

11/28/03

68 FR 66740

Interim Final Rule Comment

Period End

01/27/04

Withdrawn

01/30/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: This rule is a consolidation and summarization of current information available in several documents, some of which are currently in draft form, and does not include new Army contracting policy.

Agency Contact: Brenda S. Bowen, Department of Defense, Department of the Army, U.S. Army Records Management and Declassification Agency,

ATTN: JDRP-RDR-C, 7701 Telegraph Road, Alexandria, VA 22315-3860

Phone: 703 428-6422

Fax: 703 428-6514

Email: brenda.bowen@rmda.belvoir.army.mil

Related RIN: Related to 0702-AA38

RIN: 0702-AA39
DECORATIONS, MEDALS, RIBBONS, AND SIMILAR DEVICES

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 3013; sec 3012, 70A Stat 157

CFR Citation: 32 CFR 578

Legal Deadline: None

Abstract: This rule prescribes policy, criteria, and administrative instructions

Page 22502

concerning individual military awards and incorporates laws enacted and policies approved since the rule was last published in 1956.

Timetable:

Action

Date

FR Cite

NPRM

11/02/05

70 FR 66602

NPRM Comment Period End

01/03/06

Final Action

04/05/06

71 FR 17275

Final Action Effective

05/05/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Brenda S. Bowen, Department of Defense, Department of the Army, U.S. Army Records Management and Declassification Agency,

ATTN: JDRP-RDR-C, 7701 Telegraph Road, Alexandria, VA 22315-3860

Phone: 703 428-6422

Fax: 703 428-6514

Email: brenda.bowen@rmda.belvoir.army.mil

RIN: 0702-AA41
THE FREEDOM OF INFORMATION ACT PROGRAM

Priority: Other Significant

Legal Authority: 5 USC 551, 552, 552a, 5101 to 5108, 5110 to 5113, 5115, 5332 to 5334, 5341 to 5342, 5504 to 5509, 7154; 10 USC 130, 1102, 2320 to 2321, 2328; 18 USC 798, 3500; 31 USC 3710; 35 USC 181 to 188; 42 USC 2162; 44 USC 33; E.O. 12600

CFR Citation: 32 CFR 518

Legal Deadline: None

Abstract: This rule updates the provisions for access and release of information from all Army information systems (automated and manual) in support of the Freedom of Information Act as required by public law.

Timetable:

Action

Date

FR Cite

NPRM

12/28/04

69 FR 77836

NPRM Comment Period End

02/28/05

Final Action

02/22/06

71 FR 9221

Final Action Effective

03/24/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Brenda S. Bowen, Department of Defense, Department of the Army, U.S. Army Records Management and Declassification Agency,

ATTN: JDRP-RDR-C, 7701 Telegraph Road, Alexandria, VA 22315-3860

Phone: 703 428-6422

Fax: 703 428-6514

Email: brenda.bowen@rmda.belvoir.army.mil

RIN: 0702-AA45
OBTAINING INFORMATION FROM FINANCIAL INSTITUTIONS

Priority: Substantive, Nonsignificant

Legal Authority: 12 USC 3401 et seq; PL 95-630

CFR Citation: 32 CFR 504

Legal Deadline: None

Abstract: This rule prescribes policies for the Department of the Army to obtain information on a customer's financial records from financial institutions.

Timetable:

Action

Date

FR Cite

NPRM

07/21/05

70 FR 42012

NPRM Comment Period End

09/19/05

Final Action

10/19/05

70 FR 60723

Final Action Effective

11/18/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Brenda S. Bowen, Department of Defense, Department of the Army, U.S. Army Records Management and Declassification Agency,

ATTN: JDRP-RDR-C, 7701 Telegraph Road, Alexandria, VA 22315-3860

Phone: 703 428-6422

Fax: 703 428-6514

Email: brenda.bowen@rmda.belvoir.army.mil

RIN: 0702-AA49
ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION

LIAISON AND OPERATIONS

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 3012(b)(1)(g)

CFR Citation: 32 CFR 631

Legal Deadline: None

Abstract: This rule prescribes uniform policies and procedures for the establishment and operation of Armed Forces Disciplinary Control

Boards, and off-installation liaison and operations.

Timetable:

Action

Date

FR Cite

NPRM

07/20/05

70 FR 41641

NPRM Comment Period End

09/19/05

Final Action

10/19/05

70 FR 60728

Final Action Effective

11/18/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Brenda S. Bowen, Department of Defense, Department of the Army, U.S. Army Records Management and Declassification Agency,

ATTN: JDRP-RDR-C, 7701 Telegraph Road, Alexandria, VA 22315-3860

Phone: 703 428-6422

Fax: 703 428-6514

Email: brenda.bowen@rmda.belvoir.army.mil

RIN: 0702-AA50
PERSONNEL REVIEW BOARD

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 1552, 1553, 1554, 3013, 3014, 3016; 38 USC 3103(a)

CFR Citation: 32 CFR 581

Legal Deadline: None

Abstract: The Department of the Army amended its regulation on Army

Board for Correction of Military Records to be in compliance with the

United States District Court for the District of Columbia decision

(Daniel J. Lipsman v. Secretary of the Army--Civil Action No. 02-0151

(RMU), Document Nos. 18, 20, decided September 7, 2004, 2004 U.S. Dist.

LEXIS 17866).

Timetable:

Action

Date

FR Cite

NPRM

08/03/05

70 FR 44536

NPRM Comment Period End

09/02/05

Final Action

11/07/05

70 FR 67367

Final Action Effective

12/07/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Page 22503

Agency Contact: Brenda S. Bowen, Department of Defense, Department of the Army, U.S. Army Records Management and Declassification Agency,

ATTN: JDRP-RDR-C, 7701 Telegraph Road, Alexandria, VA 22315-3860

Phone: 703 428-6422

Fax: 703 428-6514

Email: brenda.bowen@rmda.belvoir.army.mil

RIN: 0702-AA51

Department of Defense (DOD)

Proposed Rule Stage

U.S. Army Corps of Engineers (COE)
REGULATORY PROGRAM OF THE ARMY CORPS OF ENGINEERS AND HISTORIC

PROPERTIES

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 401; 33 USC 403; 33 USC 1344; 33 USC 1413

CFR Citation: 33 CFR 325

Legal Deadline: None

Abstract: In 1990, the Corps published its final regulations regarding the protection of historic properties and compliance with the National

Historic Preservation Act (NHPA) and other historic preservation laws.

Since those final regulations were published, the NHPA was amended in 1992, and the Advisory Council on Historic Preservation's implementing regulations at 36 CFR part 800 have been substantially revised. The

Corps will revise its regulations to conform to the NHPA's revised implementing regulations.

Timetable:

Action

Date

FR Cite

ANPRM

09/27/04

69 FR 57662

ANPRM Comment Period End

11/26/04

NPRM

09/00/06

NPRM Comment Period End

11/00/06

Final Action

05/00/07

Final Action Effective

07/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Margaret Gaffney-Smith, Regulatory Program Manager,

Department of Defense, U.S. Army Corps of Engineers, Attn: CECW-CO, 441

G Street NW, Washington, DC 20314

Phone: 202 761-4229

RIN: 0710-AA51
COMPENSATORY MITIGATION FOR LOSSES OF AQUATIC RESOURCES

Priority: Other Significant

Legal Authority: 33 USC 1344; PL 108-136; 33 USC 401; 33 USC 403

CFR Citation: Not Yet Determined

Legal Deadline: Final, Statutory, November 24, 2005.

Public Law 108-136 requires that the final regulations be issued no later than two years after the enactment of the Act.

Abstract: Section 314(b) of the National Defense Authorization Act of 2004 (Pub. L. 108-136) requires the Secretary of the Army, acting through the Chief of Engineers, to issue regulations establishing performance standards and criteria for on-site, off-site, and in lieu fee mitigation and mitigation banking consistent with section 404 of the Clean Water Act. The requirements and standards in the regulations will improve the quality and performance of compensatory mitigation in replacing aquatic resource functions lost as a result of activities authorized by Department of the Army permits.

Timetable:

Action

Date

FR Cite

NPRM

04/00/06

NPRM Comment Period End

06/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Effects: Statement of Energy Effects planned as required by

Executive Order 13211.

Agency Contact: David B. Olson, Regulatory Program Manager, Department of Defense, U.S. Army Corps of Engineers, Attn: CECW-COR/MVD (3G81), 441 G Street NW, Washington, DC 20314-1000

Phone: 202 761-4922

Email: david.b.olson@hq02.usace.army.mil

RIN: 0710-AA55

Department of Defense (DOD)

Final Rule Stage

U.S. Army Corps of Engineers (COE)
NATIONWIDE PERMIT PROGRAM REGULATIONS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Legal Authority: 33 USC 1344; 33 USC 401 et seq; 33 USC 1413

CFR Citation: 33 CFR 330

Legal Deadline: None

Abstract: The Corps proposed to revise its Nationwide Permit Program regulations at 33 CFR part 330 to address changes in regulatory procedures and policy that have occurred since those regulations were last revised in 1991. The Corps proposed to revise the regulation to increase the pre-construction notification review period to 45 days, to be consistent with the current nationwide permits. The Corps also proposed to amend the regulation to allow district engineers to issue verification letters that can have the same expiration date as the nationwide permit.

Timetable:

Action

Date

FR Cite

NPRM

11/30/04

69 FR 69563

Page 22504

NPRM Comment Period End

01/31/05

Final Action

05/00/06

Final Action Effective

06/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Energy Effects: Statement of Energy Effects planned as required by

Executive Order 13211.

Agency Contact: David B. Olson, Regulatory Program Manager, Department of Defense, U.S. Army Corps of Engineers, CECW-CO/MVD (3G81), 441 G

Street NW, Washington, DC 20314-1000

Phone: 202 761-4922

Email: david.b.olson@hq02.usace.army.mil

RIN: 0710-AA60
NAVIGATION REGULATIONS--BONNEVILLE LOCK AND DAM

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined

Legal Authority: 40 Stat 266; 33 USC 1

CFR Citation: 33 CFR 207.718

Legal Deadline: None

Abstract: The Corps is proposing to amend the regulations for lockage operations at Bonneville Lock and Dam and amend the regulations that establish the restricted areas at Little Goose Lock and Dam. The Corps is making corrections and adjustments to the lockage control, signals, and permissible dimensions of vessels for Bonneville Lock and Dam.

These changes correct language for the new replacement lock. For the

Little Goose Lock and Dam, the Corps is making adjustments in the upstream channel restricted area boundary to provide a small craft portage route around the lock and dam along the north shoreline. This reduces interference between fisherman and the boat ramp.

Timetable:

Action

Date

FR Cite

NPRM

10/24/05

70 FR 61401

NPRM Comment Period End

12/08/05

Final Action

07/00/06

Final Action Effective

08/00/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Ken Hall, Department of Defense, U.S. Army Corps of

Engineers, CECW-NWD, 441 G Street NW, Washington, DC 20314

Phone: 202 761-4717

RIN: 0710-AA63

Department of Defense (DOD)

Long-Term Actions

U.S. Army Corps of Engineers (COE)
ENVIRONMENTAL QUALITY; PROCEDURES FOR IMPLEMENTING THE NATIONAL

ENVIRONMENTAL POLICY ACT (NEPA)

Priority: Substantive, Nonsignificant

CFR Citation: 33 CFR 230

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Forester Einarsen

Phone: 202 761-4700

RIN: 0710-AA42
COST-SHARING REQUIREMENTS UNDER THE ABILITY TO PAY PROVISIONS

Priority: Substantive, Nonsignificant

CFR Citation: 33 CFR 241

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Federalism: Undetermined

Agency Contact: Janice Rasgus

Phone: 202 761-7674

RIN: 0710-AA44

Department of Defense (DOD)

Completed Actions

U.S. Army Corps of Engineers (COE)
REGULATORY PROGRAMS OF THE CORPS OF ENGINEERS, ENDANGERED SPECIES

ACT; SCOPE OF ANALYSIS

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 401; 33 USC 403; 33 USC 1344; 33 USC 1413

CFR Citation: 33 CFR 325

Legal Deadline: None

Abstract: The regulation will clarify the scope of analysis that the

Corps has responsibility for under the Endangered Species Act (ESA).

This regulation will adopt the Corps ESA scope of analysis consistent with the ESA, the ESA regulations, and the Corps authorities.

Timetable:

Action

Date

FR Cite

Withdrawn

01/18/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Katherine Trott, Regulatory Program Manager, Department of Defense, U.S. Army Corps of Engineers, 441 G Street NW, Washington,

DC 20314

Phone: 202 761-5542

RIN: 0710-AA43
SPECIAL EVENTS RULE

Priority: Substantive, Nonsignificant

Legal Authority: 16 USC 460(l)

CFR Citation: 36 CFR 327

Legal Deadline: None

Page 22505

Abstract: The U.S. Army Corps of Engineers (Corps) may propose to amend its special events program regulations at 36 CFR 327.21 to better define the special events program at Corps of Engineers water resources projects. Special events may be held at any Corps of Engineers water resources project provided a permit is obtained by the sponsor in advance of the event. The proposed rule would define what constitutes a special event and when a permit is required to hold an event at a Corps water resources project. This proposed rule would contain new definitions, outline when a fee may be charged to hold an event, describe permitting procedures, and include a sample permit application, event permit, and permit checklist.

Timetable:

Action

Date

FR Cite

Withdrawn

01/18/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Ms. Judy Rice, Department of Defense, U.S. Army Corps of Engineers, CECW-CO, 441 G Street NW, Washington, DC 20314

Phone: 202 761-5541

RIN: 0710-AA53
NAVIGATION REGULATIONS--LAKE WASHINGTON SHIP CANAL

Priority: Substantive, Nonsignificant

Legal Authority: 33 USC 1

CFR Citation: 33 CFR 207.750

Legal Deadline: None

Abstract: The U.S. Army Corps of Engineers is proposing to establish a procedure for modifying schedule operational hours at Lake Washington

Ship Canal, Hiram H. Chittenden Locks in Seattle, Washington. This procedure would allow the operations manager of the locks to change the scheduled operational hours of the locks providing a 30-day notice and public comment period for any proposed change.

Timetable:

Action

Date

FR Cite

NPRM

05/25/05

70 FR 30042

NPRM Comment Period End

07/25/05

Withdrawn

01/23/06

71 FR 3446

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Michael Kidby, Department of Defense, U.S. Army Corps of Engineers, Attn: CECW-CO, 441 G Street NW, Washington, DC 20314

Phone: 202 761-0250

RIN: 0710-AA62

Department of Defense (DOD)

Completed Actions

Department of the Navy (NAVY)
SHIPBUILDING CAPABILITY PRESERVATION AGREEMENTS

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 2501(b); 10 USC 7315; PL 105-85, sec 1027

CFR Citation: 48 CFR 5231 (New)

Legal Deadline: Other, Statutory, December 18, 1997, The Navy was given 30 days from enactment of Public Law 105-85 to establish application procedures.

Abstract: This interim rule adds part 5231 to the Department of Navy

Acquisition Regulations (48 CFR chapter 52) to implement section 1027 of the National Defense Authorization Act for Fiscal Year 1998 (Pub. L. 105-85). Section 1027 permits the Navy to enter into a shipbuilding capability preservation agreement where it would facilitate the achievement of the policy objectives set forth in 10 U.S.C. 2501(b).

Such an agreement would permit the contractor to claim certain indirect costs attributable to its private sector work on its shipbuilding contracts.

Timetable:

Action

Date

FR Cite

Interim Final Rule

12/22/97

62 FR 66826

Interim Final Rule Effective 12/22/97

Interim Final Rule Comment

Period End

02/20/98

Withdrawn

02/24/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Clarence Belton, Office of the Asst. Secretary of the

Navy, Acquisition and Business Management, Department of Defense,

Department of the Navy, 2211 South Clark Place, Arlington, VA 22244

Phone: 703 693-4006

Email: belton.clarence@hq.navy.mil

RIN: 0703-AA50

Department of Defense (DOD)

Proposed Rule Stage

Office of Assistant Secretary for Health Affairs (DODOASHA)
TRICARE; CHANGES TO DRG AND INPATIENT MENTAL HEALTH PAYMENT SYSTEMS

Priority: Other Significant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This proposed rule amends the exclusion of services and supplies provided as part of or under a research study, grant or research program to add coverage for routine patient care that would have been necessary in the absence of the study as well as care of complications that result from participation in the trial.

Page 22506

Timetable:

Action

Date

FR Cite

NPRM

10/00/06

NPRM Comment Period End

12/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Marty Maxey, Department of Defense, Office of Assistant

Secretary for Health Affairs, 1200 Defense Pentagon, Washington, DC 20301

Phone: 303 676-3627

RIN: 0720-AA91
TRICARE IMPLEMENTATION OF CHANGES TO THE

PHARMACY BENEFITS PROGRAM; DOUBLE COVERAGE WITH MEDICARE PART D

Priority: Other Significant

Legal Authority: 5 USC 301; 10 USC ch 55

CFR Citation: None

Legal Deadline: None

Abstract: This rule prescribes double coverage payment procedures and makes revisions to TRICARE rules to accommodate benefit who are eligible under both Medicare and TRICARE, and who participate in

Medicare's outpatient prescription drug program under Medicare Part D.

It also establishes requirements and procedures for implementation of the improvements to the TRICARE Pharmacy Benefits Program directed by section 714 of the Ronald Reagan National Defense Authorization Act for

Fiscal Year 2005 (NDAA FY 05) (Pub. L. 108-365).

Timetable:

Action

Date

FR Cite

NPRM

05/00/06

NPRM Comment Period End

07/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: MAJ Travis Watson, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 703 681-0064

Email: pharmacyrulecomments@tms.osd.mil

RIN: 0720-AA94

Department of Defense (DOD)

Final Rule Stage

Office of Assistant Secretary for Health Affairs (DODOASHA)
CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES

(CHAMPUS); HOSPITAL PAYMENT FOR AMBULATORY CARE

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule establishes a new payment method for ambulatory care (other than ambulatory surgery) provided by hospitals to CHAMPUS beneficiaries under which payment amounts would be based on the cost of the service rather than on the billed charge as at present.

Timetable:

Action

Date

FR Cite

NPRM

01/20/94

59 FR 3046

NPRM Comment Period End

03/21/94

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Federalism: Undetermined

Agency Contact: Steve Lillie, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 703 681-3628

Email: steve.lillie@tma.osd.mil

RIN: 0720-AA20
CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES

(CHAMPUS); EXCEPTION TO THE CHAMPUS DUAL COMPENSATION/CONFLICT OF

INTEREST PROVISIONS

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: Currently, any individual who is a civilian employee of the

United States Government cannot be authorized by CHAMPUS as a provider of medical services. We propose to provide an exception to this prohibition to permit these individuals to be authorized CHAMPUS providers if they meet three conditions. First, they must be employed by the Government agency on a part-time basis; that is, less than 20 hours per week. Second, the agency must certify that unique or special circumstances detrimental to the delivery of quality health care exist that can be overcome only by employing part-time, non-Government physicians. Third, the agency and the physician must certify that they understand and have taken appropriate measures to avoid violation of

Standards of Conduct, dual compensation, and conflict of interest requirements including protection against referral of patients to the employee's private practice.

Timetable:

Action

Date

FR Cite

NPRM

08/26/97

62 FR 45196

NPRM Comment Period End

10/27/97

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Federalism: Undetermined

Agency Contact: Stephen Isaacson, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 303 676-3572

Email: stephen.isaacson@tma.osd.mil

RIN: 0720-AA41

Page 22507
CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES

(CHAMPUS); DOUBLE COVERAGE

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule clarifies our double coverage policy for non- institutional claims for beneficiaries with primary health insurance.

TRICARE network, non-network but participating, and non-participating providers are all reimbursed differently under current procedures. This has had the unintended effect of discouraging TRICARE network participation since non-network but participating providers receive the most favorable treatment with respect to double coverage calculations.

The Department proposes to revise double coverage reimbursement calculations by reimbursing all providers up to 100 percent of the

CHAMPUS Maximum Allowable Charge after the primary health insurance has paid or 115 percent for nonparticipating providers.

Timetable:

Action

Date

FR Cite

NPRM

06/17/99

64 FR 32451

NPRM Comment Period End

08/16/99

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Federalism: Undetermined

Agency Contact: Steve Lillie, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 703 681-3628

Email: steve.lillie@tma.osd.mil

RIN: 0720-AA50
CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES

(CHAMPUS); ESTABLISHMENT OF AN APPEALS PROCESS FOR TRICARE CLAIMCHECK

DENIALS

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule implements section 714 of the National Defense

Authorization Act for FY 1999, which requires the establishment of an appeals process for denials by TRICARE Claimcheck (TCC) or any similar software system. This rule enhances the current appeals process by adding an additional level of appeal conducted at the TRICARE

Management Activity (TMA) and by codifying the entire process in this part.

Timetable:

Action

Date

FR Cite

NPRM

01/13/00

65 FR 2085

NPRM Comment Period End

03/13/00

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Federalism: Undetermined

Agency Contact: Donald Wagner, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 303 676-3411

RIN: 0720-AA56
CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES

(CHAMPUS); INDIVIDUAL CASE MANAGEMENT PROGRAM FOR PERSONS WITH

EXTRAORDINARY CONDITIONS (ICMP-PEC)

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: The Department of Defense proposes to amend its regulations of the Individual Case Management Program (ICMP) to implement requirements stipulated by section 703 of the Fiscal Year 2000 National

Defense Authorization Act, section 8118 of the Fiscal Year 2000 Defense

Appropriations Act, section 701 of the Fiscal Year 2001 National

Defense Authorization Act, and section 8100 of the Fiscal Year 2001

Defense Appropriations Act. Other administrative amendments are also proposed to clarify specific policies that relate to the program.

Timetable:

Action

Date

FR Cite

NPRM

08/01/01

66 FR 39699

NPRM Comment Period End

10/01/01

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Mary Stockdale, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 703 681-0039

RIN: 0720-AA65
CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES

(CHAMPUS); VOLUNTARY DISENROLLMENT FROM THE TRICARE RETIREE DENTAL

PROGRAM (TRDP)

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule implements section 726 of the Floyd D. Spence

National Defense Authorization Act for Fiscal Year 2001, which amended 10 U.S.C. 1076c to allow for voluntary disenrollment from the TRICARE

Retiree Dental Program in certain circumstances.

Timetable:

Action

Date

FR Cite

NPRM

01/30/02

67 FR 4375

NPRM Comment Period End

04/01/02

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Linda Winter, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 303 676-3682

RIN: 0720-AA69

Page 22508
TRICARE; COORDINATION OF BENEFITS BETWEEN TRICARE AND THE

DEPARTMENT OF VETERANS AFFAIRS

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 10 USC ch 55

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: Under current rules, beneficiaries who are eligible for both

TRICARE and the Veterans Administration benefits may use only one program for care but cannot use both at the same time. This rule changes that policy to establish Veterans Administration benefits as double coverage under TRICARE, so that beneficiaries may use TRICARE benefits to augment or replace services being provided through the

Veterans Administration.

Timetable:

Action

Date

FR Cite

NPRM

08/19/03

68 FR 49732

NPRM; Correction

09/05/03

68 FR 52722

NPRM; Correction Effective

09/05/03

68 FR 52722

NPRM Comment Period End

10/20/03

68 FR 49732

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Stephen Isaacson, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 303 676-3572

Email: stephen.isaacson@tma.osd.mil

Related RIN: Previously reported as 0720-AA86

RIN: 0720-AA87
TRICARE PROGRAM; RARE DISEASES DEFINITION AND PARTIAL LIST OF

EXAMPLES OF UNPROVEN DRUGS, DEVICES, MEDICAL TREATMENTS, OR PROCEDURES

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 10 USC ch 55

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule revises the definition of rare diseases to be more in compliance with the definition of other Federal agencies and national organizations. This rule also clarifies the provision for case-by-case review of benefits for rare diseases. In addition, this rule removes the partial list of examples of unproven drugs, devices, medical treatments, or procedures.

Timetable:

Action

Date

FR Cite

NPRM

08/10/04

69 FR 48433

NPRM Comment Period End

10/12/04

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Rene Morrell, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 303 676-3618

RIN: 0720-AA88
TRICARE RESERVE SELECT FOR CERTAIN MEMBERS OF THE SELECTED RESERVE,

TRANSITIONAL ASSISTANCE MANAGEMENT PROGRAM, EARLY ELIGIBILITY FOR

TRICARE FOR CERTAIN RESERVE COMPONENT MEMBERS

Priority: Other Significant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: Final, Statutory, April 26, 2005.

Abstract: This rule establishes requirements and procedures for implementation of TRICARE Reserve Select, the program authorized by section 701 of the Ronald Reagan National Defense Authorization Act for

Fiscal Year 2005 for premium-based medical coverage for certain members of the Selected Reserve and their family members. It also revises requirements and procedures for the Transitional Assistance Management

Program, in accordance with section 706 of the NDAA-05, and implements earlier TRICARE eligibility for certain Reserve component members as authorized by section 703 of the NDAA-05.

Timetable:

Action

Date

FR Cite

Interim Final Rule

03/16/05

70 FR 12798

Interim Final Rule Comment

Period End

05/16/05

70 FR 12799

Interim Final Rule Effective 04/15/05

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jody Donehoo, Department of Defense, Office of

Assistant Secretary for Health Affairs, Defense Pentagon, Washington,

DC 20301

Phone: 703 681-0039

RIN: 0720-AA90
TRICARE; CHANGES INCLUDED IN THE NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2005; TRICARE DENTAL PROGRAM

Priority: Other Significant

Legal Authority: 5 USC 301; 10 USC 55

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule implements sections 711 and 715 of the Ronald W.

Reagan National Defense Authorization Act for Fiscal Year 2005 (NDAA- 05), Public Law 108-375. Specifically, that legislation makes young dependents of deceased Service members eligible for enrollment in the

TRICARE Dental Program when the child was not previously enrolled because of age, and authorizes post-graduate dental residents in a dental treatment facility of the uniformed services under a graduate dental education program accredited by the American Dental Association to provide dental treatment to dependents who are 12 years of age or younger and who are covered by a dental plan established under 10

U.S.C. 1076a. This rule also corrects certain references in 32 CFR 199.13.

Timetable:

Action

Date

FR Cite

Interim Final Rule

09/21/05

70 FR 55251

Interim Final Rule Comment

Period End

11/21/05

Page 22509

Interim Final Rule Effective 11/21/05

Final Action

12/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Col Gary Martin, Department of Defense, Office of

Assistant Secretary for Health Affairs, Falls Church, VA 22041-3206

Phone: 703 681-0039

Email: gary.martin@tma.osd.mil

RIN: 0720-AA93
CHAMPUS/TRICARE; COVERAGE OF PHASE II AND PHASE

III CLINICAL TRAILS SPONSORED BY THE NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

Priority: Other Significant

Legal Authority: 10 USC ch 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule allows the Department of Defense to waive normal requirements so that covered beneficiaries can participate in Phase II and Phase III clinical trials sponsored or approved by the National

Institutes of Health National Cancer Institute (NIH NCI). This benefit has been provided under TRICARE demonstration authority since 1996.

This rule portrays the Department's decision to eliminate the current demonstration and establish a permanent TRICARE benefit for NIH NCI- approved Phase II and Phase III clinical trials.

Timetable:

Action

Date

FR Cite

NPRM

05/31/00

65 FR 34627

NPRM Comment Period End

07/31/00

Final Action

10/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: Debra Hatzel, Department of Defense, Defense Pentagon,

Washington, DC 20301

Phone: 303 676-3572

Related RIN: Previously reported as 0720-AA57

RIN: 0720-AA96
TRICARE PRIME REMOTE FOR ACTIVE DUTY FAMILY

MEMBERS AND TRICARE PRIME ENROLLMENT PERIOD

Priority: Other Significant

Legal Authority: 10 USC ch 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule implements section 722(b) of the National Defense

Authorization Act for Fiscal Year 2001. Section 722(b)established the

TRICARE Prime Remote for Active Duty Family Members Program (TPRADFM).

This rule also implements section 702 of the National Defense

Authorization Act for Fiscal Year 2003. Section 702 expanded eligibility for family members of activated Reserve Component and

National Guard members, and for family members whose sponsor served an unaccompanied tour. A third provision of this rule establishes circumstances under which eligible beneficiaries may enroll in TRICARE

Prime for a period of less than one year.

Timetable:

Action

Date

FR Cite

Interim Final Rule

02/06/02

67 FR 5477

Interim Final Rule Comment

Period End

04/08/02

Interim Final Rule Effective 04/08/02

Final Action

10/00/06

Final Action Effective

12/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: John Leininger, Department of Defense, Office of

Assistant Secretary for Health Affairs, Defense Pentagon, Washington,

DC 20301

Phone: 303 676-3613

Email: john.leininger@tma.osd.mil

Ann N. Fazzini, Department of Defense, Office of Assistant Secretary for Health Affairs, 1200 Defense Pentagon, Washington, DC 20301

Phone: 303 676-3803

Related RIN: Previously reported as 0720-AA68

RIN: 0720-AA97

Department of Defense (DOD)

Completed Actions

Office of Assistant Secretary for Health Affairs (DODOASHA)
CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES

(CHAMPUS); PROSTHETIC DEVICES

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule implements section 702 of the National Defense

Authorization Act for Fiscal Year 1998 (Pub. L. 105-85), which authorizes purchase of prosthetic devices, as determined by the

Secretary of Defense, to be necessary because of significant conditions resulting from trauma, congenital anomalies, or disease. The Act changes the existing limited provisions for prosthetic devices, expands coverage to include cost sharing of other prostheses; e.g., noses, ears, and fingers.

Timetable:

Action

Date

FR Cite

Interim Final Rule

08/20/99

64 FR 45453

Interim Final Rule Comment

Period End

10/19/99

Interim Final Rule Effective 05/20/99

Withdrawn

01/21/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Page 22510

Government Levels Affected: None

Agency Contact: Margaret Brown, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 303 676-3581

Fax: 303 676-3579

Email: margaret.brown@tma.osd.mil

RIN: 0720-AA49
CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES

(CHAMPUS); METHODOLOGY FOR COVERAGE OF NIH-SPONSORED CLINICAL TRIALS

Priority: Other Significant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule modifies the general prohibition against CHAMPUS cost-sharing of unproven drugs, devices, and medical treatments or procedures by adding a provision allowing a waiver of the prohibition in connection with clinical trials sponsored by the National Institutes of Health, if it is determined that such a waiver will promote access by covered beneficiaries to promising new treatments and contribute to the development of such treatments.

Timetable:

Action

Date

FR Cite

NPRM

05/31/00

65 FR 34627

NPRM Comment Period End

07/31/00

Final Action

01/31/01

66 FR 8365

Final Action Effective

03/02/01

Withdrawn

02/07/01

66 FR 9199

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Steve Lillie, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 703 681-3628

Email: steve.lillie@tma.osd.mil

RIN: 0720-AA57
TRICARE; PRIME REMOTE FOR ACTIVE DUTY FAMILY MEMBERS

Priority: Other Significant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule implements 10 U.S.C. 1079(p), as added by section 722(b) of the Floyd D. Spence National Defense Authorization Act for

Fiscal Year 2001. This rule provides coverage for medical care for active-duty family members who reside with an active-duty member of the

Uniformed Services assigned to remote areas and eligible for the program known as TRICARE Prime Remote. Active-duty family members who enroll in TRICARE Prime Remote for Active-Duty Family Members (TPRADFM) will enjoy benefits generally comparable to TRICARE Prime enrollees including access standards, benefit coverage, and cost-shares.

Timetable:

Action

Date

FR Cite

Interim Final Rule

02/06/02

67 FR 5477

Interim Final Rule Comment

Period End

04/08/02

Interim Final Rule Effective 04/08/02

Withdrawn

01/21/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: LCDR Robert Styron, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 703 681-0064

RIN: 0720-AA68
TRICARE; WAIVER OF CERTAIN TRICARE DEDUCTIBLES; CLARIFICATION OF

THE TRICARE PRIME ENROLLMENT PERIOD

Priority: Substantive, Nonsignificant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule implements section 714 of the National Defense

Authorization Act for Fiscal Year 2000, which authorizes the Secretary of Defense to waive the TRICARE deductible in certain cases for care provided to a dependent of a member of a Reserve Component or the

National Guard who is called to active duty for more than 30 days but less than 1 year. In implementing this rule, we are limiting this to

Reserve Component and National Guard members called to active duty in support of contingency operations. The term ``contingency operations'' is defined at 10 U.S.C. 101(a)(13). This rule also establishes circumstances under which eligible beneficiaries may enroll in TRICARE

Prime for a period of less than 1 year.

Timetable:

Action

Date

FR Cite

NPRM

04/18/02

67 FR 19141

NPRM Comment Period End

06/17/02

Interim Final Rule

07/31/03

68 FR 44882

Interim Final Rule Effective 09/29/03

Withdrawn

01/23/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Stephen Isaacson, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 303 676-3572

Email: stephen.isaacson@tma.osd.mil

RIN: 0720-AA72
TRICARE; SUB-ACUTE CARE PROGRAM; UNIFORM SKILLED NURSING FACILITY

BENEFIT; HOME HEALTH CARE BENEFIT; ADOPTING MEDICARE PAYMENT METHODS FOR

SKILLED NURSING FACILITIES AND HOME HEALTH CARE PROVIDERS

Priority: Other Significant

Legal Authority: 10 USC 55; 5 USC 301

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule partially implements the TRICARE ``sub-acute and long-term care program reform'' enacted by Congress in the National

Defense Authorization Act for Fiscal Year 2002, Public Law 107-107, specifically: (1) Establishment of ``an effective, efficient, and integrated sub-acute care benefits program,'' with skilled nursing facility and home health care benefits modeled after those of the

Medicare Program; (2) adoption of Medicare payment methods for skilled nursing facility, home health care, and certain other institutional health care

Page 22511

providers; (3) adoption of Medicare rules on balance billing of beneficiaries, prohibiting it by institutional providers and limiting it by non-institutional providers; and (4) change in the statutory exclusion of coverage for custodial and domiciliary care.

Timetable:

Action

Date

FR Cite

Interim Final Rule

06/13/02

67 FR 40597

Interim Final Rule Comment

Period End

08/12/02

Interim Final Rule Effective 08/12/02

Withdrawn

01/23/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: Federal

Agency Contact: David E. Bennett, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 303 676-3494

Email: david.bennett@tma.osd.mil

RIN: 0720-AA73
TRICARE; CHANGES INCLUDED IN THE NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2003 (NDAA-03)

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 10 USC ch 55

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This interim final rule contains several provisions found in the NDAA-03 (Pub. L. 107-314). Specifically, this rule addresses eliminating the requirement for TRICARE preauthorization of inpatient mental health care for Medicare-eligible beneficiaries where Medicare is primary payer and has already authorized the care using Medicare certification of individual professional providers as sufficient documentation to also certify individual professional providers under

TRICARE and expanding the TRICARE Dental Program eligibility for dependents of deceased members.

Timetable:

Action

Date

FR Cite

Interim Final Rule

11/19/03

68 FR 65172

Interim Final Rule Effective 11/19/03

Withdrawn

01/23/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: This rule is effective 11/19/2003. The effective date for 32 CFR 199.4(a)(12)(ii)(e)(2) is 10/01/2003. The effective date for 32 CFR 199.13(c)(3)(ii)(e)(2) is 12/02/2002. The applicability date for 32 CFR 199.6(c)(2)(v) is for any TRICARE contract entered into on or after 12/02/2002.

Agency Contact: Ann N. Fazzini, Department of Defense, Office of

Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 303 676-3803

RIN: 0720-AA85
TRICARE; REVISION OF PARTICIPATING PROVIDERS REIMBURSEMENT RATE;

TRICARE DENTAL PROGRAM (TDP)

Priority: Other Significant

Legal Authority: 5 USC 301; 10 USC 55

CFR Citation: 32 CFR 199

Legal Deadline: None

Abstract: This rule revises the requirements and procedures for the reimbursement of TRICARE Dental Program participating providers.

Participating providers will no longer be reimbursed at the equivalent of a percentile of prevailing charges sufficiently above the 50th percentile of prevailing charges made for similar services in the same locality (region) or State, or the providers's actual charge, whichever is lower, less any cost-share amount due for authorized services.

Specifically, the revision will require TRICARE Dental Program participating providers to be reimbursed in accordance with the contractor's network agreements, less any cost-share amount due for authorized services.

Timetable:

Action

Date

FR Cite

NPRM

08/31/05

70 FR 51692

NPRM Comment Period End

10/31/05

Final Action

01/11/06

71 FR 1695

Final Action Effective

01/11/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: COL Gary Martin, Department of Defense, Office of

Assistant Secretary for Health Affairs, Department of Defense, Office of the Assistant Secretary for Health Affairs, 1200 Defense Pentagon,

Washington, DC 20301

Phone: 703 681-0039

RIN: 0720-AA92

FR Doc. 06-2034 Filed 04-21-06; 8:45 am

BILLING CODE 5001-06-S

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Federal Acquisition Regulation (FAR): Semi-annual agenda

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