[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 369 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 369

  To require accountability for personnel performing private security 
       functions under Federal contracts, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2007

 Mr. Price of North Carolina (for himself, Mr. Spratt, Mr. Waxman, Ms. 
Schakowsky, Mr. Shays, Mr. Conyers, Mr. Snyder, Mr. Cooper, Mr. Wexler, 
 Mr. Burton of Indiana, Mr. Blumenauer, Ms. McCollum of Minnesota, Mr. 
Etheridge, Mr. Miller of North Carolina, Mr. Farr, Mr. Van Hollen, Mr. 
DeFazio, Mr. Honda, Ms. Jackson-Lee of Texas, and Mr. Holt) introduced 
   the following bill; which was referred to the Committee on Armed 
  Services, and in addition to the Committee on the Judiciary, 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, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Transparency and 
Accountability in Security Contracting Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Requirements related to personnel performing private security 
                            functions under Federal contracts during 
                            contingency operations.
Sec. 3. Requirements for improving coordination between the United 
                            States Armed Forces and contractors 
                            performing private security functions in 
                            contingency operations.
Sec. 4. Legal status of contract personnel.
Sec. 5. Federal Bureau of Investigation investigative unit for 
                            contingency operations.
Sec. 6. Government Accountability Office analysis of cost effectiveness 
                            of private security contracting.
Sec. 7. Definitions.
Sec. 8. Effective date.

SEC. 2. REQUIREMENTS RELATED TO PERSONNEL PERFORMING PRIVATE SECURITY 
              FUNCTIONS UNDER FEDERAL CONTRACTS DURING CONTINGENCY 
              OPERATIONS.

    (a) Accountability Requirements for Personnel Performing Private 
Security Functions Under Federal Contracts or Subcontracts During 
Contingency Operations.--
            (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 to be performed under the 
        contract:
                    (A) The approximate number of persons to be used to 
                perform the private security functions.
                    (B) A description of the process used to hire such 
                persons, including the method by which and the extent 
                to which background checks regarding such persons are 
                conducted.
                    (C) A description of how such persons are trained 
                to carry out tasks specified under the contract 
                relating to such functions.
                    (D) 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 by the contractor 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) 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, including oversight inspections of facilities 
        and operations.
            (6) Waiver authority.--
                    (A) Waiver.--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.
                    (B) Report.--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 prepare a 
                report that--
                            (i) describes the contract, the waiver, and 
                        the emergency or exceptional situation that 
                        justified the waiver; and
                            (ii) contains 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.
                    (C) Submission of report.--The report required by 
                subparagraph (B) shall be submitted, within 30 days 
                after the date of the waiver, to--
                            (i) the Committees on Appropriations, Armed 
                        Services, Oversight and Government Reform, and 
                        Foreign Affairs of the House of 
                        Representatives; and
                            (ii) the Committees on Appropriations, 
                        Armed Services, Homeland Security and 
                        Governmental Affairs, and Foreign Relations of 
                        the Senate.
    (c) Report Required.--
            (1) In general.--During a contingency operation, the head 
        of each agency with any covered contracts in effect shall 
        submit to Congress reports on the contracts in accordance with 
        this subsection.
            (2) Matters covered.--The report required by paragraph (1) 
        shall include the following information:
                    (A) Total number of covered contracts awarded by 
                the agency with respect to the contingency operation.
                    (B) The total number of contracting officers 
                overseeing the covered contracts reported in 
                subparagraph (A).
                    (C) Number of covered contracts awarded since the 
                last report.
                    (D) Total number of contract personnel working on 
                the covered contracts reported in subparagraph (C).
                    (E) Total amount of awards for covered contracts 
                reported in subparagraph (C).
                    (F) Catalogue of activities performed under covered 
                contracts reported in subparagraph (C).
            (3) Deadlines.--The head of an agency shall submit an 
        initial report as required by paragraph (1) within 90 days 
        after first awarding a covered contract, and shall issue 
        additional reports every 90 days.
            (4) Committees.--The report required by paragraph (1) shall 
        be submitted to the Committees on Appropriations and Armed 
        Services of the House of Representatives and the Senate.
            (5) Format.--The report required by paragraph (1) shall be 
        submitted in unclassified format, but may include a classified 
        annex as necessary.

SEC. 3. REQUIREMENTS FOR IMPROVING COORDINATION BETWEEN THE UNITED 
              STATES ARMED FORCES AND CONTRACTORS PERFORMING PRIVATE 
              SECURITY FUNCTIONS IN CONTINGENCY OPERATIONS.

    (a) Rules of Engagement.--
            (1) Requirement to issue.--Not later than 15 days after the 
        date when a contingency operation is initiated, the Chairman of 
        the Joint Chiefs of Staff shall issue rules of engagement 
        regarding the circumstances under which force may be used by 
        contract personnel performing private security functions within 
        the area covered by the contingency operation and the types of 
        force authorized. Each covered contract shall require contract 
        personnel to adhere to the rules of engagement issued under 
        this subsection.
            (2) Notification.--The commander of the combatant command 
        whose area of responsibility includes the contingency operation 
        shall communicate the rules of engagement to contract personnel 
        in accordance with subsection (c).
            (3) Exceptions and special rules.--As appropriate, the 
        Chairman of the Joint Chiefs of Staff may provide exceptions or 
        special rules in the rules of engagement for specific 
        contractors.
    (b) Hiring, Training, and Equipment Standards Relating to Private 
Security Contractors.--
            (1) Regulations.--Not later than 30 days after the 
        initiation of a contingency operation, the head of each agency 
        awarding a covered contract shall prescribe in regulations 
        minimum standards (appropriate for the agency) for contract 
        personnel, including minimum training and certification 
        standards. The standards may vary based on the duties of 
        personnel, but must address criminal records, security 
        clearance requirements, and other issues that the head of the 
        agency determines may lead to security or performance concerns.
            (2) Guidance for equipment.--The head of each agency 
        awarding a covered contract shall issue guidance (appropriate 
        for the agency) on equipment used for private security 
        functions under covered contracts with the agency, including 
        appropriate uniforms and 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 head of 
        each agency shall consult with the Secretary of Defense in 
        developing regulations and guidance under this subsection.
    (c) Improved Coordination and Communication Between U.S. Armed 
Forces and Contractors Performing Private Security Functions.--
            (1) Establishment of a theater security contract 
        coordinating officer.--For each contingency operation in which 
        contract personnel are active, the Chairman of the Joint Chiefs 
        of Staff shall designate a Theater Security Contract 
        Coordinating Officer.
            (2) Responsibilities of theater security contract 
        coordinating officer.--The Theater Security Contract 
        Coordinating Officer shall--
                    (A) establish regulations providing for reliable 
                lines of communications between contract personnel and 
                U.S. Armed Forces;
                    (B) maintain a current database of the number of 
                contract personnel and the nature of their activities;
                    (C) communicate the rules of engagement, 
                established under subsection (a), to contractors and 
                contract personnel;
                    (D) communicate other critical information, 
                including guidance on Department of Defense 
                responsibilities for force protection of contract 
                personnel and guidance on equipment, to contractors and 
                contract personnel; and
                    (E) as appropriate, communicate up-to-date 
                information about the security environment that may be 
                relevant to contract personnel.
            (3) Requirements for contractors relating to the theater 
        security contract coordinating officer.--Contractors shall be 
        required to--
                    (A) register with the designated Theater Security 
                Contract Coordinating Officer for the theater in which 
                the covered contract is performed, and to report to the 
                Officer the number of personnel assigned to perform the 
                covered contract;
                    (B) report any incidents in which contract 
                personnel use force or are attacked by hostile forces;
                    (C) report to the Theater Security Contract 
                Coordinating Officer any casualties suffered by covered 
                contract personnel;
                    (D) communicate to the Theater Security Contract 
                Coordinating Officer, in accordance with the 
                regulations issued under paragraph (2)(A), tactical 
                information, such as information on the movement of 
                contractor personnel into and out of a battle space; 
                and
                    (E) communicate to the Theater Security Contract 
                Coordinating Officer relevant information, including 
                intelligence, reports of hostile activity, or 
                information relevant to military planning.

SEC. 4. LEGAL STATUS OF CONTRACT PERSONNEL.

    (a) Clarification of the Military Extraterritorial Jurisdiction 
Act.--
            (1) Inclusion of contractors.--Subsection (a) of section 
        3261 of title 18, United States Code, is amended--
                    (A) by striking ``or'' at the end of paragraph (1);
                    (B) by striking the comma at the end of paragraph 
                (2) and inserting ``; or''; and
                    (C) by inserting after paragraph (2) the following:
            ``(3) while employed under a contract (or subcontract at 
        any tier) awarded by any department or agency of the United 
        States Government, where the work under such contract is 
        carried out in a region outside the United States in which the 
        Armed Forces are conducting a contingency operation.''.
            (2) Definition.--Section 3267 of title 18, United States 
        Code, is amended by adding at the end the following:
            ``(5) The term `contingency operation' has the meaning 
        given that term in section 101(a)(13) of title 10.''.
    (b) Sense of Congress Regarding Investigation and Prosecution of 
Abuses by Private Security Contractors.--It is the sense of Congress 
that--
            (1) if there is probable cause to believe that an 
        individual assigned to perform work under a covered contract 
        has violated section 3261(a) of title 18, except in situations 
        in which the individual is prosecuted under the Uniform Code of 
        Military Justice or under other law, the Department of Defense 
        should use the authority provided in section 3262 of title 18, 
        United States Code, to arrest and detain that individual and 
        transfer that individual to civilian authorities for 
        prosecution; and
            (2) the Secretary of Defense should issue guidance, as soon 
        as possible after the date of the enactment of this Act, on how 
        the amendment made by section 552 of the John Warner National 
        Defense Authorization Act of 2007 (Public Law 109-364; 120 
        Stat. 2217) to section 802(a)(10) of title 10, United States 
        Code (article 2(a)(10) of the Uniform Code of Military 
        Justice), will be implemented.
    (c) Department of Justice Inspector General Report.--
            (1) Report required.--Not later than 30 days after the date 
        of the enactment of this Act, the Inspector General of the 
        Department of Justice shall submit to Congress a report.
            (2) Content of report.--The report shall include--
                    (A) a description of the status of Department of 
                Justice investigations of abuses alleged to have been 
                committed by contract personnel, which shall include--
                            (i) the number of complaints received by 
                        the Department of Justice;
                            (ii) the number of investigations into 
                        complaints opened by the Department of Justice;
                            (iii) the number of criminal cases opened 
                        by the Department of Justice; and
                            (iv) the number and result of criminal 
                        cases closed by the Department of Justice; and
                    (B) findings and recommendations about the capacity 
                and effectiveness of the Department of Justice in 
                prosecuting misconduct by contract personnel.
            (3) Format of report.--The report shall be submitted in 
        unclassified format, but may contain a classified annex as 
        appropriate.

SEC. 5. FEDERAL BUREAU OF INVESTIGATION INVESTIGATIVE UNIT FOR 
              CONTINGENCY OPERATIONS.

    (a) Establishment of Theater Investigative Unit.--For each theater 
of operations established in connection with a contingency operation in 
which contract personnel are carrying out work under a covered 
contract, the Federal Bureau of Investigation shall establish a Theater 
Investigative Unit, which shall be responsible for investigating 
allegations of criminal misconduct under section 3261 of title 18, 
United States Code, by contract personnel.
    (b) Responsibilities of Theater Investigative Unit.--The Theater 
Investigative Unit established for a theater of operations shall--
            (1) investigate reports that raise reasonable suspicion of 
        criminal misconduct by contract personnel;
            (2) investigate reports of fatalities resulting from the 
        use of force by contract personnel; and
            (3) upon conclusion of an investigation of alleged criminal 
        misconduct, refer the case to the Attorney General of the 
        United States for further action, as appropriate in the 
        discretion of the Attorney General.
    (c) Responsibilities of Federal Bureau of Investigation.--
            (1) Resources.--The Federal Bureau of Investigation shall 
        ensure that each Theater Investigative Unit has adequate 
        resources and personnel to carry out its responsibilities.
            (2) Notification.--The Federal Bureau of Investigation 
        shall notify Congress whenever a Theater Investigative Unit is 
        established or terminated in accordance with this section.
    (d) Responsibilities of Other Federal Agencies.--An agency 
operating in a theater of operations in which a Theater Investigative 
Unit is established shall cooperate with and support the activities of 
the Theater Investigative Unit. Any investigation carried out by the 
Inspector General of an agency shall be coordinated with the activities 
of the unit as appropriate.

SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE ANALYSIS OF COST EFFECTIVENESS 
              OF PRIVATE SECURITY CONTRACTING.

    (a) Study Required.--The Comptroller General shall conduct a study 
of the total costs to the Federal Government related to procuring 
security services through private security contractors, including costs 
relating to compensation, administration (including insurance and 
health care), and equipment, in comparison to providing such security 
services using employees of the Federal Government and members of the 
Armed Forces.
    (b) Submission of Results.--The Comptroller General shall submit to 
Congress a report detailing the findings of the study required by 
subsection (a) and such recommendations as the Comptroller General 
considers appropriate within 270 days after the date of the enactment 
of this Act.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Covered contract.--The term ``covered contract'' 
        means--
                    (A) a prime contract awarded by an agency, if the 
                work to be performed under the contract includes 
                private security functions;
                    (B) a subcontract at any tier under any prime 
                contract awarded by an agency, if the work to be 
                performed under the subcontract includes private 
                security functions; or
                    (C) a task order issued under a task or delivery 
                order contract entered into by an agency, if the work 
                to be performed under the task order includes private 
                security functions.
            (2) Private security functions.--The term ``private 
        security functions'', with respect to activities carried out 
        under a covered contract in a theater in which the United 
        States is engaged in a contingency operation, means--
                    (A) any activities for which personnel are allowed 
                to carry weapons in the performance of the contract;
                    (B) the performance of--
                            (i) military logistics and maintenance;
                            (ii) interrogation of prisoners;
                            (iii) convoy security;
                            (iv) guarding vital facilities and 
                        personnel;
                            (v) tactical security work; or
                            (vi) local force training; or
                    (C) any other activity in support of the 
                contingency operation, as determined by the Theater 
                Security Contract Coordinating Officer.
            (3) Agency.--The term ``agency'' has the meaning given the 
        term ``Executive agency'' in section 105 of title 5, United 
        States Code.
            (4) Contingency operation.--The term ``contingency 
        operation'' has the meaning given the term section 101(13) of 
        title 10, United States Code.
            (5) Contractor.--The term ``contractor'' means an entity 
        performing a covered contract.
            (6) Contract personnel.--The term ``contract personnel'' 
        means persons assigned by a contractor (including 
        subcontractors at any tier) to perform work under a covered 
        contract.

SEC. 8. EFFECTIVE DATE.

    (a) Applicability.--The provisions of this Act shall apply to the 
following:
            (1) All covered contracts and all covered contract 
        personnel in which the work under the contract is carried out 
        in a theater in which the United States is currently conducting 
        contingency operations.
            (2) In the event that the United States begins new 
        contingency operations, all covered contracts and all covered 
        contract personnel in which the work under the contract is 
        carried out in a theater in which the United States is 
        conducting such contingency operations.
    (b) Immediate Effectiveness.--The provisions of this Act shall 
enter into effect immediately upon the enactment of this Act.
    (c) Implementation.--With respect to covered contracts and covered 
contract personnel discussed in subsection (a)(1), the United States 
Government shall have 90 days following the enactment of this Act to 
ensure compliance with the provisions of this Act.
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