12 2 STA T .45 44 PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8InspectorG ener al o f t h e D epart m ent of Defense for i ncorpora - tion into the a ud it plan re q uired by section 842( b ) ( 1 ) of the N ational Defense A uthori z ation Act for F iscal Y ear 2 0 08( P ublic L a w 110 – 181
122 S tat . 2 3 4; 10 U .S. C . 2302 note). (c) I NDEP ENDEN T C O ND UC TO F AUD I T FUNCTION S . — All audit functions performed under this section , includin g audit planning and coordination, shall be performed in an independent manner. (d) A VA I L A B ILIT Y OF R ESULTS.—All audit reports resulting from audits under this section shall be made a v ailable to the Commission on W artime Contracting in Iraq and Afghanistan established pursu- ant to section 841 of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 230). (e) CONST R UCTION.—Nothing in this section shall be construed to require any agency of the Federal Government to duplicate audit wor k that an agency of the Federal Government has already performed. SEC.853 . AD D IT I ON A LM ATTE R SRE QU IRED TO B ERE P ORTED B Y CON - TRACTORS PER F ORMIN G SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS. Section 8 6 2 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 2 5 4; 10 U.S.C. 2302 note) is amended— (1) in subsection (a)(2)(D)— (A) by striking ‘ ‘or ’ ’ at the end of clause (ii); and ( B ) by inserting after clause (iii) the following new clauses
‘‘(iv) a weapon is discharged against personnel per- forming private security functions in an area of combat operations or personnel performing such functions believe a weapon was so discharged; or ‘‘(v) active, non-lethal countermeasures (other than the discharge of a weapon) are employed by the per- sonnel performing private security functions in an area of combat operations in response to a perceived imme- diate threat to such personnel;’’; and (2) in subsection (b)(2)(B) in the matter preceding clause (i)— (A) by inserting ‘‘comply with and’’ before ‘‘ensure’’; and (B) by striking ‘‘comply with—’’ and inserting ‘‘act in accordance with—’’. SEC. 85 4 . ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPON- SIBILITIES RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND AFG H ANISTAN. (a) IN GENERAL.—Section 861(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 253; 10 U.S.C. 2302 note) is amended by adding the following new paragraphs: ‘‘( 7 ) M echanisms for ensuring that contractors are required to report offenses described in paragraph (6) that are alleged to have been committed by or against contractor personnel to appropriate investigative authorities. ‘‘(8) Responsibility for providing victim and witness protec- tion and assistance to contractor personnel in connection with alleged offenses described in paragraph (6).
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