This article offers a guide to Army leaders seeking to use contracted security services to enhance installation force protection. First, it provides a detailed analysis of the statutory restrictions affecting a contracted security program by reviewing the legislative history and the status of 5 U.S.C. § 3108 and 10 U.S.C. § 2465. Second, it examines the Army's new contractual authority contained in the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (U.S.A. PATRIOT Act), and the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (NDAA for FY 2003). Finally, it provides guidance on the appropriate contractual method to implement this new authority, and urges the Army to develop a comprehensive contract security program at the installation and departmental or regional levels. This broad-based program will support a renewed request for the repeal of these statutes and ultimately allow the Army to transform installation security throughout CONUS.
The Judge Advocate General's Legal Center and School: http://www.jagcnet.army.mil/MilitaryLawReview
Military Law Review (Winter 2003), v.178, p.50-93