How To Use the ISNDAA Pages

Back to ISNDAA Contents

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle D--Contractor Matters

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

SEC. 832. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS TO AREAS OF OTHER SIGNIFICANT MILITARY OPERATIONS.

(a) Areas of Other Significant Military Operations- Section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note), as amended by section 831, is further amended--

(1) by striking `combat operations' each place it appears and inserting `combat operations or other significant military operations'; and

(2) in subsection (f), as redesignated by such section 831--

(A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;

(B) in paragraph (1)--

(i) by inserting `either' after `constituting'; and

(ii) by adding at the end the following: `In making designations under this paragraph, the Secretary shall ensure that an area is not designated in whole or part as both an area of combat operations and an area of other significant military operations.'; and

(C) by inserting after paragraph (1) the following new paragraph (2):

`(2) OTHER SIGNIFICANT MILITARY OPERATIONS- For purposes of this section, the term `other significant military operations' means activities, other than combat operations, as part of an overseas contingency operation that are carried out by United States Armed Forces in an uncontrolled or unpredictable high-threat environment where personnel performing security functions may be called upon to use deadly force.'.

(b) Additional Areas Considered for Designation-

(1) DETERMINATION REQUIRED FOR CERTAIN AREAS- Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall make a written determination for each of the following areas regarding whether or not the area constitutes an area of combat operations or an area of other significant military operations for purposes of designation as such an area under section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note), as amended by this section:

(A) The Horn of Africa region.

(B) Yemen.

(C) The Philippines.

(2) SUBMISSION TO CONGRESS- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a copy of each written determination under paragraph (1), together with an explanation of the basis for such determination.

(c) Limitation and Exception- Section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note), as amended by subsection (a) and by section 831, is further amended--

(1) by redesignating subsection (g), as redesignated by such section 831, as subsection (h) and inserting after subsection (f) the following new subsection (g):

`(g) Limitation- With respect to an area of other significant military operations, the requirements of this section shall apply only upon agreement of the Secretary of Defense and the Secretary of State. An agreement of the Secretaries under this subsection may be made only on an area-by-area basis. With respect to an area of combat operations, the requirements of this section shall always apply.'; and

(2) in subsection (h), as so redesignated--

(A) by striking the subsection designation and `Exception- ' and inserting the following:

`(h) Exceptions-

`(1) INTELLIGENCE ACTIVITIES- '; and

(B) by adding at the end the following new paragraph:

`(2) NONGOVERNMENTAL ORGANIZATIONS- The requirements of this section 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 under this paragraph 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.'.

(d) Report on Implementation- Not later than 180 days after a designation of an area as an area of combat operations or an area of other significant military operations pursuant to subsection (b)(2), the Secretary of Defense, in coordination with the Secretary of State, shall submit to Congress a report on steps taken or planned to be taken to implement the regulations prescribed under section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) in such area. In the case of any agreement by the Secretaries to limit the applicability of such section or exempt nongovernmental organizations from such section, pursuant to subsections (g) or (h)(1) of such section (as added by subsection (c)), the report shall document the basis for such agreement.

From H.R. 5136:  National Defense Authorization Act for Fiscal Year 2011

SEC. 845. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS.

(a) Extension of Regulations-

(1) IN GENERAL- The Secretary of Defense, in coordination with the Secretary of State, shall issue regulations to extend and apply the requirements of section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) to additional areas as designated under paragraph (2) and as listed in paragraph (3).

(2) ADDITIONAL AREAS DESIGNATED- The Secretary of Defense shall designate as additional areas for purposes of this section any area--

(A) that is an area within a foreign country or an area covering all or part of more than one foreign country;

(B) that is not an area of combat operations as designated under subsection (c) of section 862 of such Act; and

(C) in which significant military operations, as designated by the Secretary, are being carried out by United States Armed Forces.

(3) ADDITIONAL AREAS LISTED- In addition to any areas designated by the Secretary under paragraph (2), the following areas shall be considered additional areas listed in this paragraph for purposes of this section:

(A) The Horn of Africa region.

(B) Yemen.

(C) The Philippines.

(D) Haiti.

(b) Extension Timelines- The Secretary shall prescribe regulations applicable to the additional areas--

(1) designated under subsection (a)(2), not later than March 1, 2012; and

(2) listed in subsection (a)(3), not later than March 1, 2011.

(c) Report on Implementation- Not later than 90 days after the dates specified in subsection (b), the Secretary of Defense, in coordination with the Secretary of State, shall submit to Congress a report on the implementation of the regulations prescribed under this section. The report shall include--

(1) a complete list of additional areas designated by the Secretary under subsection (a)(2), and a detailed description of the criteria used to make the designation;

(2) the total number of contractors performing private security functions in each additional area designated under subsection (a)(2) or listed in subjection (a)(3); and

(3) an assessment of the long-term options for reducing the use of contractors for private security functions, including the use of Government personnel to provide such functions.

(d) Private Security Functions- Notwithstanding section 864 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181), as amended by section 813 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84), in this section, the term `private security functions' means activities engaged in by a contractor as follows:

(1) Guarding of personnel, facilities, or property of a Federal agency.

(2) Any other activity for which personnel are required to carry weapons in the performance of their duties.

Extension of regulations on contractors performing private security functions to areas of other significant military operations (sec. 832)

The House bill contained a provision (sec. 845) that would require the Secretary of Defense, in coordination with the Secretary of State, to issue regulations to extend and apply the requirements of Section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) to the Horn of Africa, Yemen, the Philippines, Haiti, and other areas in which significant military operations are conducted.

The Senate committee-reported bill contained no similar provision.

The agreement includes the House provision with an amendment extending the regulations to areas of other significant military operations that are designated by the Secretary of Defense. The provision would require the concurrence of the Secretary of State before extension of the regulations to such areas. The provision would also allow, by agreement of the Secretaries, non-profit nongovernmental organizations operating in areas of other significant military operations to be exempted from the regulations. The provision would define other significant military operations as activities, other than combat operations, that are carried out by U.S. Armed Forces in an uncontrolled or unpredictable high threat environment where personnel performing security functions may be called upon to use deadly force. Section 862 would be unchanged as to its applicability to areas of combat operations. In particular, the applicability of the regulations in such areas would not require the concurrence of the Secretary of State and the exemption for nongovernmental organizations would not be available in such areas.

No Section 845 was found in H. Rpt. 111-491, accompanying H. R. 5136.