[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4749 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4749

 To require accountability for personnel performing Federal contracts 
                   with private security contractors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2004

 Mr. Price of North Carolina (for himself, Mr. Waxman, Mr. Spratt, Mr. 
   Meehan, and Mr. Cramer) introduced the following bill; which was 
referred to the Committee on Government Reform, and in addition to the 
Committee on Armed Services, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To require accountability for personnel performing Federal contracts 
                   with private security contractors.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency and Accountability in 
Security Contracting Act''.

SEC. 2. REQUIREMENTS RELATING TO CONTRACTS WITH PRIVATE SECURITY 
              CONTRACTORS.

    (a) Accountability Requirements for Personnel Performing Federal 
Contracts With Private Security Contractors.--
            (1) Requirement to provide certain information about 
        personnel performing federal contracts.--Each covered contract 
        shall require contractors to provide the appropriate Federal 
        Government contracting officer with the following information 
        at the time the contract is awarded and to update the 
        information during contract performance as necessary:
                    (A) Number of persons being used by the contractor 
                and subcontractors (at any tier) of the contractor to 
                carry out the contract and any subcontracts under the 
                contract.
                    (B) A description of how such persons are trained 
                to carry out tasks specified under the contract.
                    (C) The salaries and benefits of such persons.
                    (D) A description of each category of activity 
                required by the covered contract.
            (2) Full cost accounting.--Each covered contract shall 
        include the following requirements:
                    (A) Before award of the contract, the contractor 
                shall provide cost estimates of salary, insurance, 
                materials, logistics, travel, administrative costs, and 
                other costs of carrying out the contract.
                    (B) Before contract closeout, the contractor shall 
                provide a report on the actual costs of carrying out 
                the contract, in the same categories as provided under 
                subparagraph (A).
            (3) Casualty reporting.--Each covered contract shall 
        require full reporting by the contractor of all personnel 
        casualties in carrying out the contract.
            (4) Oversight.--Before a covered contract is awarded, the 
        head of the agency awarding the contract shall ensure that 
        sufficient funds are available to enable contracting officers 
        of the agency to perform oversight of the performance of the 
        contract.
            (5) Waiver authority.--The head of the agency awarding a 
        covered contract may waive a requirement of this section with 
        respect to a contract in an emergency or exceptional situation, 
        as determined by the head of the agency. Any such waiver shall 
        be limited to the requirements that are impossible or 
        impracticable to implement because of the emergency or 
        exceptional situation. In any case in which the head of an 
        agency waives a requirement under this section with respect to 
        a contract, the agency head shall submit to Congress a report, 
        within 30 days after the date of award of the contract, that 
        describes the contract, the waiver, the emergency or 
        exceptional situation that justified the waiver, and a plan for 
        bringing the contract into compliance with the waived 
        requirements as soon as possible or an explanation of why the 
        waiver needs to be permanent.
            (6) FAR revisions.--Not later than 120 days after the date 
        of the enactment of this Act, the Federal Acquisition 
        Regulation shall be revised to implement the provisions of this 
        subsection.
    (b) Requirements of the Secretary of Defense Relating to Contracts 
With Private Security Contractors.--
            (1) Hiring standards relating to private security 
        contractors.--Not later than 90 days after the date of the 
        enactment of this Act, the Secretary of Defense shall prescribe 
        in regulations minimum standards for the persons that private 
        security contractors may hire for the performance of any 
        covered contract. The standards may vary based on the duties of 
        personnel, but must address past criminal activity, security 
        clearance requirements, and other issues the Secretary 
        determines may lead to security or performance concerns.
            (2) Comparative analysis.--Before a Federal agency enters 
        into a covered contract, the Secretary of Defense shall perform 
        a cost and effectiveness analysis for every category of 
        potential activity that may be carried out by the private 
        security contractor under the contract, comparing the cost and 
        effectiveness that would be associated with the same activities 
        being carried out by civilian employees of the Department of 
        Defense or members of the Armed Forces. The Secretary shall 
        ensure, as part of the analysis, that the overall military 
        mission would not be significantly affected if the contractor 
        personnel refused to perform work as required under the 
        contract.
    (c) Definitions.--In this section:
            (1) Covered contracts.--The term ``covered contract'' means 
        a contract entered into by the Federal Government with a 
        private security contractor, except that, in the case of a task 
        or delivery order contract entered into by the Federal 
        Government with a private security contractor, the term means a 
        task order issued under the contract.
            (2) Private security contractor.--The term ``private 
        security contractor'' means any entity under contract with the 
        Federal Government--
                    (A) whose personnel are allowed to carry weapons as 
                part of their contract; or
                    (B) that uses persons who perform one or more of 
                the following duties:
                            (i) Military logistics and maintenance.
                            (ii) Interrogation of prisoners.
                            (iii) Convoy security.
                            (iv) Guarding vital facilities and 
                        personnel.
                            (v) Intelligence gathering and analysis.
                            (vi) Tactical security work.
                            (vii) Local force training.
    (d) Effective Date.--This section shall apply to covered contracts 
entered into on or after the date occurring 60 days after the date of 
the enactment of this Act.
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