
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-56 Section 1010]
[CITE: 10USC2465]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
   CHAPTER 146--CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR 
                        INDUSTRIAL TYPE FUNCTIONS
 
Sec. 2465. Prohibition on contracts for performance of 
        firefighting or security-guard functions
        
    (a) Except as provided in subsection (b), funds appropriated to the 
Department of Defense may not be obligated or expended for the purpose 
of entering into a contract for the performance of firefighting or 
security-guard functions at any military installation or facility.
    (b) The prohibition in subsection (a) does not apply--
        (1) to a contract to be carried out at a location outside the 
    United States (including its commonwealths, territories, and 
    possessions) at which members of the armed forces would have to be 
    used for the performance of a function described in subsection (a) 
    at the expense of unit readiness;
        (2) to a contract to be carried out on a Government-owned but 
    privately operated installation; or
        (3) to a contract (or the renewal of a contract) for the 
    performance of a function under contract on September 24, 1983.

(Added Pub. L. 99-661, div. A, title XII, Sec. 1222(a)(1), Nov. 14, 
1986, 100 Stat. 3976, Sec. 2693; amended Pub. L. 100-180, div. A, title 
XI, Sec. 1112(a)-(b)(2), Dec. 4, 1987, 101 Stat. 1147; renumbered 
Sec. 2465, Pub. L. 100-370, Sec. 2(b)(1), July 19, 1988, 102 Stat. 854; 
Pub. L. 104-106, div. A, title XV, Sec. 1503(a)(25), Feb. 10, 1996, 110 
Stat. 512.)


                               Amendments

    1996--Subsec. (b)(3). Pub. L. 104-106 substituted ``under contract 
on September 24, 1983'' for ``under contract or September 24, 1983''.
    1988--Pub. L. 100-370 renumbered section 2693 of this title as this 
section.
    1987--Pub. L. 100-180 inserted ``or security-guard'' before 
``functions'' in section catchline and subsec. (a), and substituted ``a 
function'' for ``the function'' in subsec. (b)(1).


Performance of Emergency Response Functions at Chemical Weapons Storage 
                              Installations

    Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 355], Oct. 30, 
2000, 114 Stat. 1654, 1654A-75, provided that:
    ``(a) Restriction on Conversion.--The Secretary of the Army may not 
convert to contractor performance the emergency response functions of 
any chemical weapons storage installation that, as of the date of the 
enactment of this Act [Oct. 30, 2000], are performed for that 
installation by employees of the United States until the certification 
required by subsection (c) has been submitted in accordance with that 
subsection.
    ``(b) Covered Installations.--For the purposes of this section, a 
chemical weapons storage installation is any installation of the 
Department of Defense on which lethal chemical agents or munitions are 
stored.
    ``(c) Certification Requirement.--The Secretary of the Army shall 
certify in writing to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives that, to 
ensure that there will be no lapse of capability to perform the chemical 
weapon emergency response mission at a chemical weapons storage 
installation during any transition to contractor performance of those 
functions at the installation, the plan for conversion of the 
performance of those functions--
        ``(1) is consistent with the recommendation contained in General 
    Accounting Office Report NSIAD-00-88, entitled `DoD Competitive 
    Sourcing', dated March 2000;
        ``(2) provides for a transition to contractor performance of 
    emergency response functions which ensures an adequate transfer of 
    the relevant knowledge and expertise regarding chemical weapon 
    emergency response to the contractor personnel; and
        ``(3) complies with section 2465 of title 10, United States 
    Code.''
