DFARS DCN 20101103

SUMMARY: Prohibition on Interrogation of Detainees by Contractor Personnel

Section 1038 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84) prohibits the interrogation of detainees by contractor personnel.  Furthermore, the statute allows the Secretary of Defense to waive for a limited period of time the prohibition on interrogation of detainees by contractor personnel, if determined necessary to the national security interests of the United States.

Therefore, a new clause DFARS 237.173 [Prohibition on Interrogation of Detainees by Contractor Personnel] is added, which:

•  prescribes policies that prohibit interrogation of detainees by contractor personnel, as required by section 1038 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84); and

•  covers permissible support roles for contractors by providing that contractor personnel with proper training and security clearances may be used as linguists, interpreters, report writers, information technology technicians, and other employees filling ancillary positions, including as trainers of and advisors to interrogations, if they meet the criteria provided by DoD Instruction 1100.22

A new clause DFARS 252.237-7010 [Prohibition on Interrogation of Detainees by Contractor Personnel] is also added to:

•  paragraphs (b) and (c) of DFARS 252.212-7001 [Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items]; and to

•  paragraph (c) of DFARS 252.244-7000 [Subcontracts for Commercial Items and Commercial Components (DoD Contracts)].

Click here to read the entire Federal Register notice for this rule.