Sec. 332. TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE OF SECURITY-GUARD FUNCTIONS TO MEET INCREASED REQUIREMENTS SINCE SEPTEMBER 11, 2001

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## SEC. 332 TEMPORARY AUTHORITY FOR CONTRACTOR PERFORMANCE OF SECURITY-GUARD FUNCTIONS TO MEET INCREASED REQUIREMENTS SINCE SEPTEMBER 11, 2001 ###

(a)Contract Authority The Secretary of Defense or the Secretary of a military department may enter into a contract for any increased performance of security-guard functions at a military installation or facility under the jurisdiction of the Secretary undertaken in response to the terrorist attacks on the United States on September 11, 2001, and may waive the prohibition under section 2465(a) of title 10, United States Code, with respect to such contract, if— ####

(1)without the contract, members of the Armed Forces are or would be used to perform the increased security-guard functions; and ####

(2)the Secretary concerned determines that— #####

(A)the recruiting and training standards for the personnel who are to perform the security-guard functions at the installation or facility under the contract are comparable to the recruiting and training standards for the personnel of the Department of Defense who perform security-guard functions at military installations and facilities under the jurisdiction of the Secretary; #####

(B)the contractor personnel performing such functions under the contract will be effectively supervised, reviewed, and evaluated; and #####

(C)the performance of such functions by the contractor personnel will not result in a reduction in the security of the installation or facility. ###

(b)Increased Performance Defined In this section, the term “**increased performance**”, with respect to security-guard functions at a military installation or facility, means— ####

(1)in the case of an installation or facility where no security-guard functions were performed as of September 10, 2001, the entire scope or extent of the performance of security-guard functions at the installation or facility after such date; and ####

(2)in the case of an installation or facility where security-guard functions were performed within a lesser scope of requirements or to a lesser extent as of September 10, 2001, than after such date, the increment of the performance of security-guard functions at the installation or facility that exceeds such lesser scope of requirements or extent of performance. ###

(c)Expiration of Authority ####

(1)The authority for contractor performance of security-guard functions under this section shall terminate at the end of September 30, 2012. ####

(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, 2012. ###

(d)Limitation The total number of personnel employed to perform security guard functions under all contracts entered into pursuant to this section shall not exceed— ####

(1)for fiscal year 2007, the total number of such personnel employed under such contracts on October 1, 2006; ####

(2)for fiscal year 2008, the number equal to 90 percent of the total number of such personnel employed under such contracts on October 1, 2006; ####

(3)for fiscal year 2009, the number equal to 80 percent of the total number of such personnel employed under such contracts on October 1, 2006; ####

(4)for fiscal year 2010, the number equal to 70 percent of the total number of such personnel employed under such contracts on October 1, 2006; ####

(5)for fiscal year 2011, the number equal to 60 percent of the total number of such personnel employed under such contracts on October 1, 2006; and ####

(6)for fiscal year 2012, the number equal to 50 percent of the total number of such personnel employed under such contracts on October 1, 2006. ###

(e)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 contract; #####

(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 within 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. ### DIVISION A DEPARTMENT OF DEFENSE AUTHORIZATIONS * * * * * * * # TITLE VII HEALTH CARE PROVISIONS * * * * * * * ## subtitle A Health Care Program Improvements * * * * * * *