12 2 STA T . 2 57PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 (iv)rulesonth euseo f for c e issue dby the ap plicable co m mander of a combatant command for personnel performin g private security functions in an area of combat operations
and ( C ) cooperate w ith any investigation conducted by the D epartment of Defense pursuant to subsection (a)( 2 )( E ) by providing access to employees of the contractor and relevant information in the possession of the contractor regarding the incident concerned . ( 3 ) NONC O MPLIA NC E O F PE RS ONNEL W I TH CLA U SE. —T he con - tracting officer for a covered contract may direct the contractor , atitsowne x pense, to remove or replace any personnel per- forming private security functions in an area of combat oper- ations who violate or fail to comply with applicable re q uire- ments of the clause required by this subsection. I f the violation or failure to comply is a gross violation or failure or is repeated, the contract may be terminated for default. ( 4 ) A PPLICA B ILIT Y .—The contract clause required by this subsection shall be included in all covered contracts awarded on or after the date that is 180 days after the date of the enactment of this Act. F ederal agencies shall ma k e best efforts to provide for the inclusion of the contract clause required by this subsection in covered contracts awarded before such date. ( 5 ) INSPECTOR G ENERAL REPORT ON PILOT PROGRAM ON IMPOSITION OF FINES FOR NONCOMPLIANCE OF PERSONNEL WITH CLAUSE.—Not later than M arch 30, 2008, the Inspector G eneral of the Department of Defense shall submit to Congress a report assessing the feasibility and advisability of carrying out a pilot program for the imposition of fines on contractors for personnel who violate or fail to comply with applicable requirements of the clause required by this section as a mechanism for enhancing the compliance of such personnel with the clause. The report shall include— (A) an assessment of the feasibility and advisability of carrying out the pilot program; and ( B ) if the Inspector General determines that carrying out the pilot program is feasible and advisable— (i) recommendations on the range of contracts and subcontracts to which the pilot program should apply; and (ii) a schedule of fines to be imposed under the pilot program for various types of personnel actions or failures. (c) AREAS OF COMBAT O PERATIONS.— (1) DESIGNATION.—The S ecretary of Defense shall designate the areas constituting an area of combat operations for purposes of this section by not later than 120 days after the date of the enactment of this Act. (2) P ARTICULAR AREAS.—Iraq and Afghanistan shall be included in the areas designated as an area of combat oper- ations under paragraph (1). (3) A D DITIONAL AREAS.—The Secretary may designate any additional area as an area constituting an area of combat operations for purposes of this section if the Secretary deter- mines that the presence or potential of combat operations in Deadlin e .
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