[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4117 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4117

To prohibit the use of private security contractors and members of the 
 Afghan Public Protection Force to provide security for members of the 
Armed Forces and military installations and facilities in Afghanistan, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2012

  Mr. McKeon introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To prohibit the use of private security contractors and members of the 
 Afghan Public Protection Force to provide security for members of the 
Armed Forces and military installations and facilities in Afghanistan, 
                        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. PROHIBITION ON USE OF PRIVATE SECURITY CONTRACTORS AND 
              MEMBERS OF THE AFGHAN PUBLIC PROTECTION FORCE TO PROVIDE 
              SECURITY FOR MEMBERS OF THE ARMED FORCES AND MILITARY 
              INSTALLATIONS AND FACILITIES IN AFGHANISTAN.

    (a) Findings.--Congress makes the following findings:
            (1) According to the Department of Defense, as of February 
        1, 2012, there had been 42 insider attacks on coalition forces 
        since 2007 by the Afghan National Army, Afghan National Police, 
        or Afghan nationals hired by private security contractors to 
        guard United States bases and facilities in Afghanistan.
            (2) The Department of Defense data shows that the trend of 
        insider attacks is increasing.
            (3) Members of the Armed Forces of the United States 
        continue to be garrisoned and housed in facilities and 
        installations in Afghanistan that are guarded by private 
        security contractors and not by United States or coalition 
        forces.
            (4) President Karzai has prohibited the use of private 
        security contractors in Afghanistan and determined that 
        beginning in March, 2012, the Afghan Ministry of Interior will 
        provide Afghan Public Protection Forces on a reimbursable basis 
        to those desiring to contract for additional security.
            (5) The Afghan Ministry of Interior will have the primary 
        responsibility for screening and vetting the Afghan nationals 
        who will comprise the Afghan Public Protection Force.
            (6) The current force levels in Afghanistan are necessary 
        to accomplish the International Security Assistance Force 
        mission and force protection for members of the Armed Forces 
        garrisoned and housed in Afghanistan should not come at the 
        expense of mission success.
            (7) The President of the United States has begun to draw 
        down United States military forces in Afghanistan and has 
        committed to continue this drawdown through 2014.
            (8) The redeployment phase of any military operation brings 
        increasing vulnerabilities to members of the Armed Forces.
            (9) It is the responsibility of the Commander in Chief to 
        provide for the security for members of the Armed Forces 
        deployed to Afghanistan and to mitigate internal threats to 
        such forces to the greatest extent possible, while continuing 
        to meet the objectives of the International Security Assistance 
        Force mission in Afghanistan, including the training and 
        equipping of the Afghan National Security Forces in order that 
        they may provide for their own security.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the best security and force protection for members of 
        the Armed Forces garrisoned and housed in Afghanistan should be 
        provided;
            (2) better security and force protection for members of the 
        Armed Forces garrisoned and housed in Afghanistan can be 
        provided by United States military personnel than private 
        security contractors or members of the Afghan Public Protection 
        Force;
            (3) the President should take action in light of the 
        increased risk to members of the Armed Forces during this 
        transitional period in Afghanistan and the increasing number of 
        insider attacks; and
            (4) the United States remains committed to mission success 
        in Afghanistan in light of the national security interests in 
        the region and the sacrifice and commitment of the United 
        States Armed Forces over the last ten years.
    (c) Prohibition.--Notwithstanding section 2465 of title 10, United 
States Code, funds appropriated to the Department of Defense may not be 
obligated or expended for the purpose of--
            (1) entering into a contract for the performance of 
        security-guard functions at a military installation or facility 
        in Afghanistan at which members of the Armed Forces deployed to 
        Afghanistan are garrisoned or housed;
            (2) otherwise employing private security contractors to 
        provide security for members of the Armed Forces deployed to 
        Afghanistan; or
            (3) employing the Afghan Public Protection Force to provide 
        security for such members or to perform such security-guard 
        functions at such a military installation or facility.
    (d) Requirement.--
            (1) In general.--The President shall ensure that as many 
        appropriately trained members of the Armed Forces of the United 
        States as are necessary are available to--
                    (A) perform security-guard functions at all 
                military installations and facilities in Afghanistan at 
                which members of the Armed Forces deployed to 
                Afghanistan are garrisoned or housed;
                    (B) provide security for members of the Armed 
                Forces deployed to Afghanistan; and
                    (C) provide adequate counterintelligence support 
                for such members.
            (2) Relationship to other requirements and limitations.--
        The members of the Armed Forces required to be made available 
        under paragraph (1) shall be in addition to--
                    (A) the number of such members who are deployed to 
                Afghanistan to support the requirements of the North 
                Atlantic Treaty Organization mission in Afghanistan and 
                the military campaign plan of the Commander of the 
                International Security and Assistance Force; and
                    (B) any limitation on force levels that may be in 
                effect.
    (e) Waiver.--The President may waive the prohibition under 
subsection (c) and the requirement under subsection (d) if the 
President submits to Congress certification in writing that--
            (1) the use of private security contractors or the Afghan 
        Public Protection Force can provide a level of security and 
        force protection for members of the Armed Forces deployed to 
        Afghanistan that is at least equal to the security and force 
        protection that can be provided by members of the Armed Forces; 
        and
            (2) the Secretary of Defense has ensured that all employees 
        of private security contractors and members of the Afghan 
        Public Protection Force providing security or force protection 
        for members of the Armed Forces deployed to Afghanistan are 
        independently screened and vetted by members of the Armed 
        Forces of the United States.
    (f) Definition.--In this section, the term ``members of the Armed 
Forces deployed to Afghanistan'' means members of the Armed Forces 
deployed to Afghanistan in support of the International Security 
Assistance Force in Afghanistan and members of the Armed Forces of the 
United States deployed to Afghanistan in support of Operation Enduring 
Freedom.
                                 <all>