Prohibition on use of private security contractors and members of the Afghan Public Protection Force to provide security for members of the Armed Forces and military installations and facilities in Afghanistan

(a)

Findings

Congress makes the following findings: (1)According to the Department of Defense, as of February 1, 2012, there had been 42 insider attacks on coalition forces since 2007 by the Afghan National Army, Afghan National Police, or Afghan nationals hired by private security contractors to guard United States bases and facilities in Afghanistan. (2)The Department of Defense data shows that the trend of insider attacks is increasing. (3)Members of the Armed Forces of the United States continue to be garrisoned and housed in facilities and installations in Afghanistan that are guarded by private security contractors and not by United States or coalition forces. (4)President Karzai has prohibited the use of private security contractors in Afghanistan and determined that beginning in March, 2012, the Afghan Ministry of Interior will provide Afghan Public Protection Forces on a reimbursable basis to those desiring to contract for additional security. (5)The Afghan Ministry of Interior will have the primary responsibility for screening and vetting the Afghan nationals who will comprise the Afghan Public Protection Force. (6)The current force levels in Afghanistan are necessary to accomplish the International Security Assistance Force mission and force protection for members of the Armed Forces garrisoned and housed in Afghanistan should not come at the expense of mission success. (7)The President of the United States has begun to draw down United States military forces in Afghanistan and has committed to continue this drawdown through 2014. (8)The redeployment phase of any military operation brings increasing vulnerabilities to members of the Armed Forces. (9)It is the responsibility of the Commander in Chief to provide for the security for members of the Armed Forces deployed to Afghanistan and to mitigate internal threats to such forces to the greatest extent possible, while continuing to meet the objectives of the International Security Assistance Force mission in Afghanistan, including the training and equipping of the Afghan National Security Forces in order that they may provide for their own security. (b)

Sense of Congress

It is the sense of Congress that— (1)the best security and force protection for members of the Armed Forces garrisoned and housed in Afghanistan should be provided; (2)better security and force protection for members of the Armed Forces garrisoned and housed in Afghanistan can be provided by United States military personnel than private security contractors or members of the Afghan Public Protection Force; (3)the President should take action in light of the increased risk to members of the Armed Forces during this transitional period in Afghanistan and the increasing number of insider attacks; and (4)the United States remains committed to mission success in Afghanistan in light of the national security interests in the region and the sacrifice and commitment of the United States Armed Forces over the last ten years. (c)

Prohibition

Notwithstanding section 2465 of title 10, United States Code, funds appropriated to the Department of Defense may not be obligated or expended for the purpose of— (1)entering into a contract for the performance of security-guard functions at a military installation or facility in Afghanistan at which members of the Armed Forces deployed to Afghanistan are garrisoned or housed; (2)otherwise employing private security contractors to provide security for members of the Armed Forces deployed to Afghanistan; or (3)employing the Afghan Public Protection Force to provide security for such members or to perform such security-guard functions at such a military installation or facility. (d)

Requirement

(1)

In general

The President shall ensure that as many appropriately trained members of the Armed Forces of the United States as are necessary are available to— (A)perform security-guard functions at all military installations and facilities in Afghanistan at which members of the Armed Forces deployed to Afghanistan are garrisoned or housed; (B)provide security for members of the Armed Forces deployed to Afghanistan; and (C)provide adequate counterintelligence support for such members. (2)

Relationship to other requirements and limitations

The members of the Armed Forces required to be made available under paragraph (1) shall be in addition to— (A)the number of such members who are deployed to Afghanistan to support the requirements of the North Atlantic Treaty Organization mission in Afghanistan and the military campaign plan of the Commander of the International Security and Assistance Force; and (B)any limitation on force levels that may be in effect. (e)

Waiver

The President may waive the prohibition under subsection (c) and the requirement under subsection (d) if the President submits to Congress certification in writing that— (1)the use of private security contractors or the Afghan Public Protection Force can provide a level of security and force protection for members of the Armed Forces deployed to Afghanistan that is at least equal to the security and force protection that can be provided by members of the Armed Forces; and (2)the Secretary of Defense has ensured that all employees of private security contractors and members of the Afghan Public Protection Force providing security or force protection for members of the Armed Forces deployed to Afghanistan are independently screened and vetted by members of the Armed Forces of the United States. (f)

Definition

In this section, the term members of the Armed Forces deployed to Afghanistan means members of the Armed Forces deployed to Afghanistan in support of the International Security Assistance Force in Afghanistan and members of the Armed Forces of the United States deployed to Afghanistan in support of Operation Enduring Freedom.