I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. PROHIBITION ON USE OF PRIVATE SECURITY 

2 CONTRACTORS AND MEMBERS OF THE AF3 GHAN PUBLIC PROTECTION FORCE TO PRO4 VIDE SECURITY FOR MEMBERS OF THE 

5 ARMED FORCES AND MILITARY INSTALLA6 TIONS AND FACILITIES IN AFGHANISTAN. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) According to the Department of Defense, as 

10 of February 1, 2012, there had been 42 insider at11 tacks on coalition forces since 2007 by the Afghan 

12 National Army, Afghan National Police, or Afghan 

13 nationals hired by private security contractors to 

14 guard United States bases and facilities in Afghani15 stan. 

16 (2) The Department of Defense data shows 

17 that the trend of insider attacks is increasing. 

18 (3) Members of the Armed Forces of the 

19 United States continue to be garrisoned and housed 

20 in facilities and installations in Afghanistan that are 

21 guarded by private security contractors and not by 

22 United States or coalition forces. 

23 (4) President Karzai has prohibited the use of 

24 private security contractors in Afghanistan and de25 termined that beginning in March, 2012, the Afghan 

26 Ministry of Interior will provide Afghan Public ProVerDate Mar 15 2010 23:57 Mar 01, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4117.IH H4117

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1 tection Forces on a reimbursable basis to those de2 siring to contract for additional security. 

3 (5) The Afghan Ministry of Interior will have 

4 the primary responsibility for screening and vetting 

5 the Afghan nationals who will comprise the Afghan 

6 Public Protection Force. 

7 (6) The current force levels in Afghanistan are 

8 necessary to accomplish the International Security 

9 Assistance Force mission and force protection for 

10 members of the Armed Forces garrisoned and 

11 housed in Afghanistan should not come at the ex12 pense of mission success. 

13 (7) The President of the United States has 

14 begun to draw down United States military forces in 

15 Afghanistan and has committed to continue this 

16 drawdown through 2014. 

17 (8) The redeployment phase of any military op18 eration brings increasing vulnerabilities to members 

19 of the Armed Forces. 

20 (9) It is the responsibility of the Commander in 

21 Chief to provide for the security for members of the 

22 Armed Forces deployed to Afghanistan and to miti23 gate internal threats to such forces to the greatest 

24 extent possible, while continuing to meet the objec25 tives of the International Security Assistance Force 


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1 mission in Afghanistan, including the training and 

2 equipping of the Afghan National Security Forces in 

3 order that they may provide for their own security. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) the best security and force protection for 

7 members of the Armed Forces garrisoned and 

8 housed in Afghanistan should be provided; 

9 (2) better security and force protection for 

10 members of the Armed Forces garrisoned and 

11 housed in Afghanistan can be provided by United 

12 States military personnel than private security con13 tractors or members of the Afghan Public Protection 

14 Force; 

15 (3) the President should take action in light of 

16 the increased risk to members of the Armed Forces 

17 during this transitional period in Afghanistan and 

18 the increasing number of insider attacks; and 

19 (4) the United States remains committed to 

20 mission success in Afghanistan in light of the na21 tional security interests in the region and the sac22 rifice and commitment of the United States Armed 

23 Forces over the last ten years. 

24 (c) PROHIBITION.—Notwithstanding section 2465 of 

25 title 10, United States Code, funds appropriated to the 


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1 Department of Defense may not be obligated or expended 

2 for the purpose of— 

3 (1) entering into a contract for the performance 

4 of security-guard functions at a military installation 

5 or facility in Afghanistan at which members of the 

6 Armed Forces deployed to Afghanistan are garri7 soned or housed; 

8 (2) otherwise employing private security con9 tractors to provide security for members of the 

10 Armed Forces deployed to Afghanistan; or 

11 (3) employing the Afghan Public Protection 

12 Force to provide security for such members or to 

13 perform such security-guard functions at such a 

14 military installation or facility. 

15 (d) REQUIREMENT.— 

16 (1) IN GENERAL.—The President shall ensure 

17 that as many appropriately trained members of the 

18 Armed Forces of the United States as are necessary 

19 are available to— 

20 (A) perform security-guard functions at all 

21 military installations and facilities in Afghani22 stan at which members of the Armed Forces 

23 deployed to Afghanistan are garrisoned or 

24 housed; 


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1 (B) provide security for members of the 

2 Armed Forces deployed to Afghanistan; and 

3 (C) provide adequate counterintelligence 

4 support for such members. 

5 (2) RELATIONSHIP TO OTHER REQUIREMENTS

6 AND LIMITATIONS.—The members of the Armed 

7 Forces required to be made available under para8 graph (1) shall be in addition to— 

9 (A) the number of such members who are 

10 deployed to Afghanistan to support the require11 ments of the North Atlantic Treaty Organiza12 tion mission in Afghanistan and the military 

13 campaign plan of the Commander of the Inter14 national Security and Assistance Force; and 

15 (B) any limitation on force levels that may 

16 be in effect. 

17 (e) WAIVER.—The President may waive the prohibi18 tion under subsection (c) and the requirement under sub19 section (d) if the President submits to Congress certifi20 cation in writing that— 

21 (1) the use of private security contractors or 

22 the Afghan Public Protection Force can provide a 

23 level of security and force protection for members of 

24 the Armed Forces deployed to Afghanistan that is at 

25 least equal to the security and force protection that 


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1 can be provided by members of the Armed Forces; 

2 and 

3 (2) the Secretary of Defense has ensured that 

4 all employees of private security contractors and 

5 members of the Afghan Public Protection Force pro6 viding security or force protection for members of 

7 the Armed Forces deployed to Afghanistan are inde8 pendently screened and vetted by members of the 

9 Armed Forces of the United States. 

10 (f) DEFINITION.—In this section, the term ‘‘members 

11 of the Armed Forces deployed to Afghanistan’’ means 

12 members of the Armed Forces deployed to Afghanistan 

13 in support of the International Security Assistance Force 

14 in Afghanistan and members of the Armed Forces of the 

15 United States deployed to Afghanistan in support of Oper16 ation Enduring Freedom. 

Æ 


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