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TITLE III — OPERATION AND MAINTENANCE

P. L. 108-375

House Conference Report 108-767

SEC. 324. TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE OF SECURITY-GUARD FUNCTIONS.

(a) CONDITIONAL EXTENSION OF AUTHORITY. —  Subsection (c) of section 332 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2513) is amended —

(1) by inserting ‘‘(1)’’ after ‘‘AUTHORITY.—’’; and

(2) by striking ‘‘at the end of the three-year period’’ and all that follows through the period at the end of the subsection and inserting the following: ‘‘at the end of September 30, 2006, except that such authority shall not be in effect after December 1, 2005, if the Secretary fails to submit to Congress the plan required by subsection (d)(4), until the date on which the Secretary submits the plan.

‘‘(2) No security-guard functions may be performed under any contract entered into using the authority provided under this section during any period in which the authority for contractor performance of security-guard functions under this section is not in effect under paragraph (1). The term of any contract entered into using such authority may not extend beyond September 30, 2006.’’.

(b) REAFFIRMATION AND REVISION OF REPORTING REQUIREMENT. — Subsection (d) of such section is amend- ed to read as follows:

‘‘(d) REPORT AND PLAN REQUIRED.—Not later than December 1, 2005, the Secretary of Defense shall submit to the congressional defense committees a report that —

‘‘(1) identifies each contract for the performance of security-guard functions entered into on or before September 30, 2004, pursuant to the authority provided by subsection (a), including information regarding—

‘‘(A) each installation at which such security-guard functions are performed or are to be performed;

‘‘(B) the period and amount of such con- tract;

‘‘(C) the number of security guards employed or to be employed under such contract;

‘‘(D) whether the contract was awarded pursuant to full and open competition; and

‘‘(E) the actions taken or to be taken with- in the Department of Defense to ensure that the conditions applicable under paragraph (1) of subsection (a) or determined under paragraph (2) of such subsection are satisfied;

‘‘(2) identifies, for each military installation at which such authority was used or is expected to be used, any requirements for the performance of security-guard functions described in subsection (a) that are expected to continue after the date on which such authority expires;

‘‘(3) identifies any limitation or constraint on the end strength of the civilian workforce of the Department of Defense that makes it difficult to meet requirements identified under paragraph (2) by hiring personnel as civilian employees of the Department of Defense; and

‘‘(4) includes a plan for meeting such requirements, in a manner consistent with applicable law, on a long-term basis.’’.

The Senate amendment contained a provision (sec. 362) that would extend for two years the authority granted in section 332 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003.  (Public Law 107-314) to hire contract security guards on a temporary basis to fill positions that would otherwise be filled by members of the Armed Forces. 

The House bill contained no similar provision.

The House recedes with an amendment that would require the Secretary of Defense to submit a report on the use of this authority no later than December 1, 2005.

Senate Report 108-260