II 111th CONGRESS 2d Session S. 3037 IN THE SENATE OF THE UNITED STATES February 24, 2010 Mrs. McCaskill (for herself, Mr. Feingold, and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To increase oversight of private security contractors and establish the proper ratio of United States Government security personnel to private security contractors at United States missions where the Armed Forces are engaged in combat operations.

1.

Short title

This Act may be cited as the Enhancing Oversight and Security at United States Missions Act of 2010.

2.

Increased oversight of private security contractors at United States missions in areas of combat operations

(a)

Plan

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in collaboration with the Secretary of Defense, shall submit to Congress a plan to increase the oversight of private security contractors by United States Government security personnel at United States missions where the United States Armed Forces are engaged in combat operations to ensure that security functions are appropriately performed. (2)

Content

(A)

Objectives

The plan required under paragraph (1) shall— (i)determine an appropriate ratio of United States Government security personnel to private security contractors at United States missions where the United States Armed Forces are engaged in combat operations in a manner sufficient to— (I)provide comprehensive oversight of the activities and performance of private security contractors at such missions; and (II)ensure that all such missions are safe and secure at all times; and (ii)establish applicable practices to ensure that an adequate number of United States Government security personnel are trained for, assigned to, and responsible for overseeing private security contractor personnel. (B)

Improved oversight requirement

The ratio determined under subparagraph (A)(i) shall increase the oversight of private security contractors by United States Government security personnel at United States missions where the United States Armed Forces are engaged in combat operations by— (i)increasing the number of United States Government security personnel responsible for oversight of private security contractors; or (ii)decreasing the number of private security contractors performing security functions at such missions. (3)

Implementation

Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall implement the plan required under paragraph (1). (b)

Periodic review of performance functions

(1)

In general

The Secretary of State shall, in coordination with the heads of other appropriate agencies, periodically review the performance of private security functions at United States missions where the United States Armed Forces are engaged in combat operations to ensure that such functions are authorized and performed in a manner consistent with the requirements of this section. (2)

Annual reports

Not later than June 1 of each of 2011, 2012, 2013, 2014, and 2015, the Secretary shall submit to Congress a report on the results of the most recent performance review of private security functions at United States missions conducted under paragraph (1). Each such report shall include the following: (A)The number and type of United States Government security personnel assigned at each such mission. (B)The number and type of private security contractor employees assigned at each such mission. (C)The ratio of United States Government security personnel to private security contractor employees at each such mission. (D)The justification for the determination by the Secretary of State, in coordination with the Secretary of Defense, of the ratio of private security contractors to United States Government security personnel at each such mission. (E)The justification for the determination by the Secretary of State, in coordination with the Secretary of Defense, for any increase or decrease in the number of United States Government security personnel or private security contractors at each such mission. (F)The name of each private security contractor, a description of the specific activities being carried out by such contractor, and the total value of all payments by the Department of State to each contractor for such activities at each such mission. (G)An analysis of and justification for the determination that each specific activity listed in accordance with subparagraph (F) does not constitute an inherently governmental function. (H)A description of the training provided to United States Government security personnel performing oversight and management of private security contractors for each such United States mission. (I)A description of the responsibilities for United States Government security personnel at such missions charged with oversight and management responsibilities of private security contractors, and the justification for any determination of the need to provide such United States Government security personnel with other responsibilities in addition to oversight. (J)A certification whether the regulations prescribed pursuant to section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note) with respect to private security contractors at such missions have been complied with. (c)

United States government security personnel defined

The term United States Government security personnel means any employees of the United States Government, including civilian employees and members of the United States Armed Forces, who are engaged in security or security oversight and management functions at United States missions. (d)

Rule of construction

Nothing in this section shall be construed as authorizing the continued performance of any functions currently performed by private security contractors or to authorize the use of private security contractors for any inherently governmental function.