12 2 STA T .453 5 PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8SEC.832 .SE N SE OF CON GR ESS ON P ERFOR MA NCE BY PR IV A T E SEC U- RITY CONTRACTORS OF CERTAIN FUNCTIONS IN AN AREA OF COMBAT OPERATIONS. Itis t he se n se ofC on gr ess th a t —(1) se cu rit y o p erations for the protection of resources (inc l u d ing people , infor m ation, e q uipment, and supplies) in uncontrolled or unpredicta b le high - threat en v ironments should ordinarily be performed by members of the A rmed F orces if they w ill be performed in highly ha z ardous public areas where the ris k s are uncertain and could reasonably be e x pected to require deadly force that is more likely to be initiated by personnel performing such security operations than to occur in self-defense
( 2 ) it should be in the sole discretion of the commander of the relevant combatant command to determine whether or not the performance by a private security contractor under a contract awarded by any Federal agency of a particular activity, a series of activities, or activities in a particular loca- tion, within a designated area of combat operations is appro- priate and such a determination should not be delegated to any person who is not in the military chain of command; ( 3 ) the S ecretaries of the military departments and the Chiefs of Staff of the Armed Forces should ensure that the U nited States Armed Forces have appropriate numbers of trained personnel to perform the functions described in para- graph (1) without the need to rely upon private security contrac- tors; and ( 4 ) the regulations issued by the Secretary of D efense pursuant to section 86 2(a) of the N ational Defense Authoriza- tion Act for Fiscal Y ear 2 0 08( P ublic L aw 110 – 181; 122 Stat . 2 5 4; 10 U.S.C. 2302 note) should ensure that private security contractors are not authorized to perform inherently govern- mental functions in an area of combat operations. SEC. 833. AC Q UISITION W OR K FORCE E X PE D ITED H IRING AUTHORITY. Section 1 7 05 of title 10, United States Code, is amended by adding at the end the following new subsection
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‘(h) EXPEDIT ED H I R I NG A U T HO RIT Y .— ‘‘(1) For purposes of sections 3304, 5333, and 5753 of title 5, United States Code, the Secretary of Defense may— ‘‘(A) designate any category of acquisition positions within the Department of Defense as shortage category positions; and ‘‘( B ) utilize the authorities in such sections to recruit and appoint highly qualified persons directly to positions so designated. ‘‘(2) T he Secretary may not appoint a person to a position of employment under this subsection after September 30, 2012. ’ ’. SEC. 83 4 . CAREER PATH AND OTHER REQUIREMENTS FOR MI L ITARY PERSONNEL IN THE ACQUISITION FIELD. (a) A CQ UI S ITION PERSONNE LR EQUIRE M ENTS.— (1) IN GENER A L.—Chapter 87 of title 10, United States Code, is amended by inserting after section 1722 the following new section: Terminat i o n d ate .
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