Page:United States Statutes at Large Volume 124.djvu/4304

124 STAT. 4278 PUBLIC LAW 111–383—JAN. 7, 2011 (2) CONTRACTOR.—The term ‘‘contractor’’ means, with respect to a covered contract, the contractor or subcontractor carrying out the covered contract. (3) PRIVATE SECURITY FUNCTIONS.—The term ‘‘private secu- rity functions’’ means activities engaged in by a contractor under a covered contract as follows: (A) Guarding of personnel, facilities, or property of a Federal agency, the contractor or subcontractor, or a third party. (B) Any other activity for which personnel are required to carry weapons in the performance of their duties. (e) EXCEPTION.—The requirements of this section shall not apply to contracts entered into by elements of the intelligence community in support of intelligence activities. SEC. 834. ENHANCEMENTS OF AUTHORITY OF SECRETARY OF DEFENSE TO REDUCE OR DENY AWARD FEES TO COMPANIES FOUND TO JEOPARDIZE THE HEALTH OR SAFETY OF GOVERN- MENT PERSONNEL. (a) EXPANSION OF DISPOSITIONS SUBJECT TO AUTHORITY.—Sec- tion 823 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2412; 10 U.S.C. 2302 note) is amended— (1) in subsection (c), by adding at the end the following new paragraph: ‘‘(5) In an administrative proceeding, a final determination of contractor fault by the Secretary of Defense pursuant to subsection (d).’’; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following new sub- section (d): ‘‘(d) DETERMINATIONS OF CONTRACTOR FAULT BY SECRETARY OF DEFENSE.— ‘‘(1) IN GENERAL.—In any case described by paragraph (2), the Secretary of Defense shall— ‘‘(A) provide for an expeditious independent investiga- tion of the causes of the serious bodily injury or death alleged to have been caused by the contractor as described in that paragraph; and ‘‘(B) make a final determination, pursuant to proce- dures established by the Secretary for purposes of this subsection, whether the contractor, in the performance of a covered contract, caused such serious bodily injury or death through gross negligence or with reckless disregard for the safety of civilian or military personnel of the Govern- ment. ‘‘(2) COVERED CASES.—A case described in this paragraph is any case in which the Secretary has reason to believe that— ‘‘(A) a contractor, in the performance of a covered con- tract, may have caused the serious bodily injury or death of any civilian or military personnel of the Government; and ‘‘(B) such contractor is not subject to the jurisdiction of United States courts. ‘‘(3) CONSTRUCTION OF DETERMINATION.—A final determina- tion under this subsection may be used only for the purpose