[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2011 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2011

  To require accountability for personnel performing private security 
                   functions under Federal contracts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2005

 Mr. Price of North Carolina (for himself, Mr. Spratt, Mr. Snyder, and 
 Mr. Cramer) introduced the following bill; which was referred to the 
Committee on International Relations, 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 private security 
                   functions under Federal contracts.

    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 PERSONNEL PERFORMING PRIVATE SECURITY 
              FUNCTIONS UNDER FEDERAL CONTRACTS.

    (a) Accountability Requirements for Personnel Performing Private 
Security Functions Under Federal Contracts.--
            (1) Requirement to provide certain information about 
        personnel performing private security functions.--Each covered 
        contract shall require the contractor to provide to the 
        contracting officer for the contract, not later than 5 days 
        after award of the contract, the following information 
        regarding private security functions performed under the 
        contract:
                    (A) Number of persons to be used to perform such 
                functions.
                    (B) A description of how such persons are trained 
                to carry out tasks specified under the contract 
                relating to such functions.
                    (C) A description of each category of activity 
                relating to such functions required by the contract.
            (2) Updates of information.--The information provided under 
        paragraph (1) shall be updated during contract performance as 
        necessary.
            (3) Safeguarding information.--The head of each agency 
        awarding a covered contract shall take such actions as are 
        necessary to protect any information provided under paragraph 
        (1) that is a trade secret, or commercial or financial 
        information, from disclosure to persons outside the Government.
            (4) Accounting.--Each covered contract shall include the 
        following requirements:
                    (A) Upon award of the contract, the contractor 
                shall provide cost estimates of salary, benefits, 
                insurance, materials, logistics, travel, administrative 
                costs, and other costs of carrying out private security 
                functions under the contract.
                    (B) Before contract closeout (other than closeout 
                of a firm, fixed price contract), the contractor shall 
                provide a report on the actual costs of carrying out 
                private security functions under the contract, in the 
                same categories as provided under subparagraph (A).
            (5) Casualty reporting.--Each covered contract shall 
        require full reporting to the contracting officer for the 
        contract by the contractor of all personnel casualties in 
        carrying out the contract.
            (6) Oversight.--Before a covered contract is awarded, the 
        head of the agency awarding the contract shall ensure that 
        sufficient resources are available to enable contracting 
        officers of the agency to perform oversight of the performance 
        of the contract.
            (7) Waiver authority.--
                    (A) 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 the congressional committees 
                listed in subparagraph (B) a report, within 30 days 
                after the date of the waiver, 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.
                    (B) The congressional committees referred to in 
                subparagraph (A) are the following:
                            (i) The Committees on Appropriations, Armed 
                        Services, Government Reform, and International 
                        Relations of the House of Representatives.
                            (ii) The Committees on Appropriations, 
                        Armed Services, Homeland Security and 
                        Governmental Affairs, and Foreign Relations of 
                        the Senate.
    (b) Hiring, Training, and Equipment Standards Relating to Private 
Security Contractors.--
            (1) Regulations.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Defense, the 
        Secretary of State, and the Administrator of the United States 
        Agency for International Development shall prescribe in 
        regulations minimum standards (appropriate for each department 
        or agency) for the persons that covered contractors may hire 
        for the performance of private security functions under the 
        contract, and minimum standards for the training of such 
        persons, including the level of training and any certifications 
        required. The standards may vary based on the duties of 
        personnel, but must address past criminal activity, security 
        clearance requirements, and other issues that either Secretary 
        or the Administrator determines may lead to security or 
        performance concerns.
            (2) Guidance for equipment.--The Secretary of Defense, the 
        Secretary of State, and the Administrator for the United States 
        Agency for International Development shall issue guidance 
        (appropriate for each department or agency) on equipment used 
        for private security functions under covered contracts with the 
        department or agency concerned, including appropriate levels of 
        body armor and equipment armor, and a recommended list of re-
        armorers and weapons and armor manufacturers for complying with 
        such guidelines.
            (3) Consultation with secretary of defense.--The Secretary 
        of State and the Administrator of the United States Agency for 
        International Development shall consult with the Secretary of 
        Defense in developing regulations and guidance under this 
        subsection.
    (c) Report on Cost Analysis Relating to Equipment.--Not later than 
six months after the date of the enactment of this Act, the Secretary 
of Defense, in consultation with the Secretary of State and the 
Administrator of the United States Agency for International 
Development, shall submit to Congress a report containing--
            (1) an analysis of the costs to the Federal Government of 
        purchasing equipment to supply to contractors to carry out 
        private security functions under covered contracts in 
        comparison to the costs to the Federal Government of 
        reimbursing contractors for equipment purchased by the 
        contractors to carry out such functions; and
            (2) such findings and recommendations as the Secretary 
        considers appropriate.
    (d) Definitions.--In this section:
            (1) Covered contract.--The term ``covered contract'' 
        means--
                    (A) a prime contract with the Department of 
                Defense, the Department of State, or the United States 
                Agency for International Development;
                    (B) a subcontract at any tier under any prime 
                contract with a department or agency referred to in 
                subparagraph (A); or
                    (C) a task order issued under a task or delivery 
                order contract entered into by a department or agency 
                referred to in subparagraph (A);
        if the work to be performed under the contract, subcontract, or 
        task order includes private security functions to be performed 
        outside the United States.
            (2) Private security functions.--The term ``private 
        security functions'', with respect to a covered contract, 
        means--
                    (A) any activities for which personnel are allowed 
                to carry weapons in the performance of the contract; or
                    (B) the performance of any of the following:
                            (i) Military logistics and maintenance.
                            (ii) Interrogation of prisoners.
                            (iii) Convoy security.
                            (iv) Guarding vital facilities and 
                        personnel.
                            (v) Tactical security work.
                            (vi) Local force training.
    (e) 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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