Page:United States Statutes at Large Volume 124.djvu/4303

 124 STAT. 4277 PUBLIC LAW 111–383—JAN. 7, 2011 (A) operational and business practice standards applicable to private security contractors; and (B) third-party certification processes for determining whether private security contractors adhere to standards described in subparagraph (A); and (2) review any standards and processes identified pursuant to paragraph (1) to determine whether the application of such standards and processes will make a substantial contribution to the successful performance of private security functions in areas of combat operations or other significant military oper- ations. (b) REVISED REGULATIONS.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall revise the regulations promulgated under section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note) to ensure that such regula- tions— (1) establish criteria for defining standard practices for the performance of private security functions, which shall reflect input from industry representatives as well as the Inspector General of the Department of Defense; and (2) establish criteria for weapons training programs for contractors performing private security functions, including minimum requirements for weapons training programs of instruction and minimum qualifications for instructors for such programs. (c) INCLUSION OF THIRD-PARTY STANDARDS AND CERTIFICATIONS IN REVISED REGULATIONS.— (1) STANDARDS.—If the Secretary determines that the application of operational and business practice standards identified pursuant to subsection (a)(1)(A) will make a substan- tial contribution to the successful performance of private secu- rity functions in areas of combat operations or other significant military operations, the revised regulations promulgated pursu- ant to subsection (b) shall incorporate a requirement to comply with such standards, subject to such exceptions as the Secretary may determine to be necessary. (2) CERTIFICATIONS.—If the Secretary determines that the application of a third-party certification process identified pursuant to subsection (a)(1)(B) will make a substantial con- tribution to the successful performance of private security func- tions in areas of combat operations or other significant military operations, the revised regulations promulgated pursuant to subsection (b) may provide for the consideration of such certifi- cations as a factor in the evaluation of proposals for award of a covered contract for the provision of private security func- tions, subject to such exceptions as the Secretary may determine to be necessary. (d) DEFINITIONS.—In this section: (1) COVERED CONTRACT.—The term ‘‘covered contract’’ means— (A) a contract of the Department of Defense for the performance of services; (B) a subcontract at any tier under such a contract; or (C) a task order or delivery order issued under such a contract or subcontract. Deadline. Criteria.