scope:

PURPOSE. Under the authority of DoD Directive 5134.01 and DoD Directive 3020.49 (References (a) and (b)), and pursuant to section 862 of the 2008 National Defense Authorization Act (NDAA) (Reference (c)) as amended by section 853 of the 2009 NDAA (Reference (d)) and section 832 of the 2011 NDAA (Reference (e)), this Instruction establishes policy, assigns responsibilities, and provides procedures for the regulation of the selection, accountability, training, equipping, and conduct of personnel performing private security functions under a covered contract during contingency operations, humanitarian or peace operations, or other military operations or exercises. It also assigns responsibilities and establishes procedures for incident reporting, use of and accountability for equipment, rules for the use of force, and a process for administrative action or the removal, as appropriate, of PSCs and PSC personnel.

APPLICABILITY. This Instruction:

a. Applies to:

(1) OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the Department of Defense (hereafter referred to as the "DoD Components").

(2) Department of State and other U.S. Federal agencies insofar as it implements the requirements of Reference (c) as amended. Specifically, in areas of operations which require enhanced coordination of PSC and PSC personnel working for U.S. Government (U.S.G.) agencies, the Secretary of Defense may designate such areas as areas of combat operations or other significant military operations for the limited purposes of this Instruction. In such an instance, the standards established in accordance with this Instruction would, in coordination with the Secretary of State, expand from covering only DoD PSCs and PSC personnel to cover all U.S.G.-funded PSCs and PSC personnel operating in the designated area. The requirements of this Instruction shall not apply to a nonprofit nongovernmental organization receiving grants or cooperative agreements for activities conducted within an area of other significant military operations if the Secretary of Defense and the Secretary of State agree that such organization may be exempted. An exemption may be granted by the agreement of the Secretaries on an organization-by-organization or area-by-area basis. Such an exemption may not be granted with respect to an area of combat operations.

b. Prescribes policies applicable to all:

(1) DoD PSCs and PSC personnel performing private security functions during contingency operations, humanitarian or peace operations, or other military operations or exercises outside the United States.

(2) U.S.G.-funded PSCs and PSC personnel performing private security functions in an area of combat operations or, with the agreement of the Secretary of State, other significant military operations, as designated by the Secretary of Defense.