I 

109TH CONGRESS 

1ST SESSION H. R. 2011 

To require accountability for personnel performing private security functions 

under Federal contracts. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2005 

Mr. PRICE of North Carolina (for himself, Mr. SPRATT, Mr. SNYDER, and Mr. 

CRAMER) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on 

Armed Services, 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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transparency and Ac5 countability in Security Contracting Act’’. 
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1 SEC. 2. REQUIREMENTS RELATING TO PERSONNEL PER2 FORMING PRIVATE SECURITY FUNCTIONS 

3 UNDER FEDERAL CONTRACTS. 

4 (a) ACCOUNTABILITY REQUIREMENTS FOR PER5 SONNEL PERFORMING PRIVATE SECURITY FUNCTIONS

6 UNDER FEDERAL CONTRACTS.— 

7 (1) REQUIREMENT TO PROVIDE CERTAIN IN8 FORMATION ABOUT PERSONNEL PERFORMING PRI9 VATE SECURITY FUNCTIONS.—Each covered contract 

10 shall require the contractor to provide to the con11 tracting officer for the contract, not later than 5 

12 days after award of the contract, the following infor13 mation regarding private security functions per14 formed under the contract: 

15 (A) Number of persons to be used to per16 form such functions. 

17 (B) A description of how such persons are 

18 trained to carry out tasks specified under the 

19 contract relating to such functions. 

20 (C) A description of each category of activ21 ity relating to such functions required by the 

22 contract. 

23 (2) UPDATES OF INFORMATION.—The informa24 tion provided under paragraph (1) shall be updated 

25 during contract performance as necessary. 
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1 (3) SAFEGUARDING INFORMATION.—The head 

2 of each agency awarding a covered contract shall 

3 take such actions as are necessary to protect any in4 formation provided under paragraph (1) that is a 

5 trade secret, or commercial or financial information, 

6 from disclosure to persons outside the Government. 

7 (4) ACCOUNTING.—Each covered contract shall 

8 include the following requirements: 

9 (A) Upon award of the contract, the con10 tractor shall provide cost estimates of salary, 

11 benefits, insurance, materials, logistics, travel, 

12 administrative costs, and other costs of carrying 

13 out private security functions under the con14 tract. 

15 (B) Before contract closeout (other than 

16 closeout of a firm, fixed price contract), the 

17 contractor shall provide a report on the actual 

18 costs of carrying out private security functions 

19 under the contract, in the same categories as 

20 provided under subparagraph (A). 

21 (5) CASUALTY REPORTING.—Each covered con22 tract shall require full reporting to the contracting 

23 officer for the contract by the contractor of all per24 sonnel casualties in carrying out the contract. 
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1 (6) OVERSIGHT.—Before a covered contract is 

2 awarded, the head of the agency awarding the con3 tract shall ensure that sufficient resources are avail4 able to enable contracting officers of the agency to 

5 perform oversight of the performance of the con6 tract. 

7 (7) WAIVER AUTHORITY.— 

8 (A) The head of the agency awarding a 

9 covered contract may waive a requirement of 

10 this section with respect to a contract in an 

11 emergency or exceptional situation, as deter12 mined by the head of the agency. Any such 

13 waiver shall be limited to the requirements that 

14 are impossible or impracticable to implement 

15 because of the emergency or exceptional situa16 tion. In any case in which the head of an agen17 cy waives a requirement under this section with 

18 respect to a contract, the agency head shall 

19 submit to the congressional committees listed in 

20 subparagraph (B) a report, within 30 days 

21 after the date of the waiver, that describes the 

22 contract, the waiver, the emergency or excep23 tional situation that justified the waiver, and a 

24 plan for bringing the contract into compliance 

25 with the waived requirements as soon as pos-
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1 sible or an explanation of why the waiver needs 

2 to be permanent. 

3 (B) The congressional committees referred 

4 to in subparagraph (A) are the following: 

5 (i) The Committees on Appropria6 tions, Armed Services, Government Re7 form, and International Relations of the 

8 House of Representatives. 

9 (ii) The Committees on Appropria10 tions, Armed Services, Homeland Security 

11 and Governmental Affairs, and Foreign 

12 Relations of the Senate. 

13 (b) HIRING, TRAINING, AND EQUIPMENT STAND14 ARDS RELATING TO PRIVATE SECURITY CONTRACTORS.— 

15 (1) REGULATIONS.—Not later than 90 days 

16 after the date of the enactment of this Act, the Sec17 retary of Defense, the Secretary of State, and the 

18 Administrator of the United States Agency for 

19 International Development shall prescribe in regula20 tions minimum standards (appropriate for each de21 partment or agency) for the persons that covered 

22 contractors may hire for the performance of private 

23 security functions under the contract, and minimum 

24 standards for the training of such persons, including 

25 the level of training and any certifications required. 
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1 The standards may vary based on the duties of per2 sonnel, but must address past criminal activity, se3 curity clearance requirements, and other issues that 

4 either Secretary or the Administrator determines 

5 may lead to security or performance concerns. 

6 (2) GUIDANCE FOR EQUIPMENT.—The Sec7 retary of Defense, the Secretary of State, and the 

8 Administrator for the United States Agency for 

9 International Development shall issue guidance (ap10 propriate for each department or agency) on equip11 ment used for private security functions under cov12 ered contracts with the department or agency con13 cerned, including appropriate levels of body armor 

14 and equipment armor, and a recommended list of re15 armorers and weapons and armor manufacturers for 

16 complying with such guidelines. 

17 (3) CONSULTATION WITH SECRETARY OF DE18 FENSE.—The Secretary of State and the Adminis19 trator of the United States Agency for International 

20 Development shall consult with the Secretary of De21 fense in developing regulations and guidance under 

22 this subsection. 

23 (c) REPORT ON COST ANALYSIS RELATING TO

24 EQUIPMENT.—Not later than six months after the date 

25 of the enactment of this Act, the Secretary of Defense, 
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1 in consultation with the Secretary of State and the Admin2 istrator of the United States Agency for International De3 velopment, shall submit to Congress a report containing— 

4 (1) an analysis of the costs to the Federal Gov5 ernment of purchasing equipment to supply to con6 tractors to carry out private security functions under 

7 covered contracts in comparison to the costs to the 

8 Federal Government of reimbursing contractors for 

9 equipment purchased by the contractors to carry out 

10 such functions; and 

11 (2) such findings and recommendations as the 

12 Secretary considers appropriate. 

13 (d) DEFINITIONS.—In this section: 

14 (1) COVERED CONTRACT.—The term ‘‘covered 

15 contract’’ means— 

16 (A) a prime contract with the Department 

17 of Defense, the Department of State, or the 

18 United States Agency for International Devel19 opment; 

20 (B) a subcontract at any tier under any 

21 prime contract with a department or agency re22 ferred to in subparagraph (A); or 

23 (C) a task order issued under a task or de24 livery order contract entered into by a depart-
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1 ment or agency referred to in subparagraph 

2 (A); 

3 if the work to be performed under the contract, sub4 contract, or task order includes private security 

5 functions to be performed outside the United States. 

6 (2) PRIVATE SECURITY FUNCTIONS.—The term 

7 ‘‘private security functions’’, with respect to a cov8 ered contract, means— 

9 (A) any activities for which personnel are 

10 allowed to carry weapons in the performance of 

11 the contract; or 

12 (B) the performance of any of the fol13 lowing: 

14 (i) Military logistics and maintenance. 

15 (ii) Interrogation of prisoners. 

16 (iii) Convoy security. 

17 (iv) Guarding vital facilities and per18 sonnel. 

19 (v) Tactical security work. 

20 (vi) Local force training. 

21 (e) EFFECTIVE DATE.—This section shall apply to 

22 covered contracts entered into on or after the date occur23 ring 60 days after the date of the enactment of this Act. 

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