[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2177 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2177

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2009

 Mr. Price of North Carolina (for himself, Mr. Spratt, Mr. Waxman, Ms. 
Schakowsky, Mr. Conyers, Mr. Cooper, Mr. Miller of North Carolina, Mr. 
McGovern, Mr. Dingell, Mr. Filner, Mrs. Maloney, Mrs. Capps, Mr. Brady 
  of Pennsylvania, Mr. Ellison, Ms. Hirono, Mr. Hall of New York, Mr. 
  Etheridge, Mr. Farr, Mr. Blumenauer, and Mr. Payne) introduced the 
following bill; which was referred to the Committee on Armed Services, 
and in addition to the Committees on Foreign Affairs and Oversight and 
 Government Reform, 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 2009''.
    (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.
Sec. 3. Requirements for improving coordination between the United 
                            States Armed Forces and contractors 
                            performing private security functions.
Sec. 4. International framework for security contracting.
Sec. 5. Definitions.
Sec. 6. Effective date.

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

    (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. 
        This paragraph shall not be construed to prevent access to such 
        information in the course of an investigation into alleged 
        misconduct committed during the performance of a covered 
        contract.
            (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--
                            (i) the actual costs of carrying out 
                        private security functions under the contract, 
                        in the same categories as provided under 
                        subparagraph (A); and
                            (ii) any equipment or supplies issued or 
                        provided by the Federal Government for work 
                        under the contract.
            (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.
    (b) Security Contracting Database.--
            (1) Requirement to establish and maintain.--No later than 
        30 days after the date of the enactment of this Act, the 
        Secretary of Defense, in consultation with the Secretary of 
        State, shall establish and maintain a comprehensive security 
        contracting database.
            (2) Information to be included.--The database required by 
        paragraph (1) shall maintain up-to-date information on the 
        following:
                    (A) Information regarding each active covered 
                contract, including--
                            (i) a brief description of the contract;
                            (ii) the total value of the contract;
                            (iii) an estimate of the number of 
                        personnel working under the contract;
                            (iv) whether the contract was awarded 
                        competitively; and
                            (v) a designation of whether the work under 
                        the contract is to be performed in support of a 
                        contingency operation or of an international 
                        military force.
                    (B) For contracts awarded in support of or in 
                relation to a contingency operation or an operation of 
                an international military force--
                            (i) the total number and value of contracts 
                        awarded since the beginning of the operation; 
                        and
                            (ii) the total number of contractor 
                        personnel killed or wounded during the 
                        performance of such contracts since the 
                        beginning of the operation.
                    (C) A list of each individual who, while in 
                performance of a contract awarded by the Federal 
                Government, has been--
                            (i) convicted for violation of United 
                        States law; or
                            (ii) subjected to legal or disciplinary 
                        action for reliably attested involvement in 
                        serious crime (including organized crime, 
                        violent crime, sexual offenses, violations of 
                        international humanitarian law, bribery, and 
                        corruption).
            (3) Access.--Access to the database established under 
        paragraph (1) shall be provided to Congress and to the 
        Government Accountability Office. The Secretary of Defense 
        shall endeavor to make information within the database publicly 
        available to the extent such information is not classified or 
        sensitive to United States national security interests.

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

    (a) Requirements for the Appropriate Use of Security Contractors.--
            (1) Prohibition.--No agency shall award a covered contract 
        for performance of activities that require or involve--
                    (A) direct participation by contractor personnel in 
                hostilities with an enemy combatant or force; or
                    (B) interrogation by contractor personnel of an 
                individual who is a detainee or prisoner in the custody 
                or under the effective control of the United States 
                Government.
            (2) Regulation.--(A) Not later than 120 days after the date 
        of the enactment of this Act, the Secretary of Defense, the 
        Secretary of State, the Administrator of the United States 
        Agency for International Development, and the Administrator of 
        General Services shall each prescribe regulations to ensure 
        that no covered contract is awarded in violation of paragraph 
        (1).
            (B) The Federal Acquisition Regulation shall be revised to 
        ensure compliance with paragraph (1).
            (3) Special rule relating to language interpretation.--
        Paragraph (1)(B) shall not be construed to include the 
        performance of work related to language interpretation, so long 
        as the work is strictly limited to language interpretation and 
        occurs under the direct supervision of Federal Government 
        personnel.
    (b) Rules for Use of Force.--
            (1) Requirement to issue.--Not later than 15 days after the 
        initiation of a contingency operation, the Chairman of the 
        Joint Chiefs of Staff shall issue rules 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 for the use of force issued 
        under this subsection.
            (2) Notification.--The commander of the combatant command 
        whose area of responsibility includes the contingency operation 
        shall communicate the rules for the use of force 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 for the use of force for specific 
        contractors.
    (c) 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 hiring, screening, training, and 
        certification standards. The standards may vary based on the 
        duties of personnel, shall, at a minimum--
                    (A) require training of all contractor personnel, 
                in advance of the performance of work under a covered 
                contract, on--
                            (i) applicable rules for the use of force 
                        and firearms;
                            (ii) international humanitarian law and 
                        international human rights law;
                            (iii) measures against corruption, bribery, 
                        and related crimes;
                            (iv) relevant religious, gender, and 
                        cultural issues in the host nation; and
                            (v) proper reporting and investigation of 
                        incidents involving the use of force or 
                        firearms by contractor personnel;
                    (B) prohibit the employment by a contractor 
                performing a covered contract of an individual who--
                            (i) is listed in a database under section 
                        2(b)(2)(C);
                            (ii) has a reliably attested record of 
                        involvement in serious crime (including 
                        organized crime, violent crime, sexual 
                        offenses, violations of international 
                        humanitarian law, bribery, and corruption); or
                            (iii) has been dishonorably discharged from 
                        armed or security forces;
                    (C) include guidance on identifiability of 
                contractor personnel and vehicles during performance of 
                security contracts; and
                    (D) address 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.
    (d) Improved Coordination and Communication Between United States 
Armed Forces and Contractors Performing Private Security Functions.--
            (1) Establishment of a theater security contract 
        coordinating officer.--For each contingency operation with 
        respect to which one or more covered contracts are awarded for 
        performance of work, 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) issue guidance providing for reliable lines of 
                communications between contract personnel and United 
                States Armed Forces;
                    (B) communicate the rules for the use of force, 
                established under subsection (b), to contractors and 
                contract personnel;
                    (C) 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
                    (D) 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) immediately report any incidents in which 
                contract personnel use force or are attacked by hostile 
                forces;
                    (C) immediately 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 guidance 
                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.
    (e) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense and the Secretary of State should work with 
contractors, industry associations, and nongovernmental organizations 
to develop a system of independent third-party accreditation of private 
businesses competing for contracts for private security functions and, 
further, should ensure that covered contracts are awarded only to 
contractors who obtain such accreditation.

SEC. 4. INTERNATIONAL FRAMEWORK FOR SECURITY CONTRACTING.

    (a) International Framework on Security Contracting.--The Secretary 
of State shall work through appropriate existing or new international 
fora to achieve agreement on an international framework regulating the 
use of private contractors for security functions and facilitating 
cooperation among states, international organizations, contractors, and 
private clients of such contractors on measures to ensure the 
transparency and legal accountability of security contractors.
    (b) Principal Issues.--The Secretary of State shall work to ensure 
that the international framework sought under subsection (a) shall 
address the following areas of concern:
            (1) Legal obligations of international organizations, 
        contracting states, contractors and their personnel, and 
        private clients of such contractors relating to the use of 
        private contractors for security functions to ensure compliance 
        with and enforcement of international humanitarian law and 
        international human rights law.
            (2) Standards for the use of force and firearms by 
        contractor personnel.
            (3) Obligations of contracting states to ensure the 
        appropriate training and equipping of private security 
        contractors, including training on the following:
                    (A) Rules for the use of force and firearms.
                    (B) International humanitarian law and 
                international human rights law.
                    (C) Measures against corruption, bribery, and 
                related crimes.
                    (D) Relevant religious, gender, and cultural issues 
                in the host nation.
                    (E) Identifiability of contractor personnel and 
                vehicles during performance of security contracts.
                    (F) Proper reporting and investigation of 
                complaints relating to the conduct of contractor 
                personnel.
            (4) Obligations of contracting states to ensure the 
        appropriate vetting of private security contractors, including 
        a mechanism by which contracting states shall ensure that 
        contracting organizations performing security functions do not 
        employ an individual who has a reliably attested record of 
        involvement in serious crime (including organized crime, 
        violent crime, sexual offenses, violations of international 
        humanitarian law, bribery, and corruption) or who has been 
        dishonorably discharged from armed or security forces.
            (5) Measures to ensure appropriate communication and 
        coordination between private security contractors, armed 
        forces, and other lawful authorities operating in the same 
        area.
            (6) Procedures for territorial states to register, 
        authorize, and oversee private contractors performing security 
        functions on their territories.
            (7) Obligations of contracting states, contractors, and 
        other relevant parties relating to prosecution, reparations and 
        other remedies for violations of international humanitarian law 
        or human rights law.
            (8) Measures to facilitate information-sharing and other 
        cooperation among contracting states, territorial states, and 
        home states of contractor personnel, especially in relation to 
        contractor performance, contractor oversight, and the 
        occurrence and remedy of violations of international 
        humanitarian law or human rights law.
            (9) Obligations to ensure the rights of private security 
        contractor personnel.
            (10) A categorization of functions not appropriate for 
        performance by private security contractors, including 
        functions deemed inherently governmental, deemed to constitute 
        direct participation in hostilities, or otherwise 
        impermissible.
    (c) Report.--Not later than 365 days after the date of the 
enactment of this Act, the Secretary of State shall submit to Congress 
a report on the activities carried out to implement this section.

SEC. 5. 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;
                            (vi) local force training; or
                            (vii) security advice or planning; 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(a)(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. 6. 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 date of the enactment of 
this Act to ensure compliance with the provisions of this Act.
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