II 

110TH CONGRESS 

1ST SESSION S. 674 

To require accountability and enhanced congressional oversight for personnel 

performing private security functions under Federal contracts, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2007 

Mr. OBAMA introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To require accountability and enhanced congressional oversight for personnel performing private security functions 

under Federal contracts, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Transparency and Accountability in Military and Secu6 rity Contracting Act of 2007’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 


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Sec. 3. Reports on Iraq and Afghanistan contracts. 

Sec. 4. Department of Defense report on strategy for and appropriateness of 

activities of contractors under Department of Defense contracts in Iraq, Afghanistan, and the global war on terror. 

Sec. 5. Requirements related to personnel performing private security functions 

under Federal contracts during contingency operations. 

Sec. 6. Improved coordination between the Armed Forces and contractors performing private security functions in contingency operations. 

Sec. 7. Legal status of contract personnel. 

Sec. 8. Federal Bureau of Investigation investigative unit for contingency operations. 

Sec. 9. Definitions. 

Sec. 10. Effective date. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) United States Government agencies, includ4 ing the Department of Defense, the Department of 

5 State, the Department of the Interior, the United 

6 States Agency for International Development, and 

7 the intelligence community of the United States 

8 Government, are increasingly relying on private con9 tractors to perform duties, including the provision of 

10 security and other traditionally military and govern11 mental functions, in Iraq, Afghanistan, and other 

12 contingency operations. 

13 (2) Estimates of the number of contract per14 sonnel in Iraq, including private security contrac15 tors, vary widely. The United States Central Com16 mand estimated the number to be 100,000 in 2006, 

17 and the Government Accountability Office concluded 

18 in 2005 that ‘‘the Department of Defense (DOD) 

19 estimated at least 60 private security providers were 


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1 working in Iraq with perhaps as many as 25,000 

2 employees. In March 2006, the Director of the Pri3 vate Security Company Association of Iraq estimated 

4 that approximately 181 private security companies 

5 were working in Iraq with just over 48,000 employ6 ees’’. 

7 (3) The various functions carried out by these 

8 personnel have entailed great danger to these per9 sonnel, but exact numbers of casualties are un10 known. Estimates suggest that some 770 contractors 

11 have died, and thousands more have been wounded, 

12 in Iraq since 2003. 

13 (4) The multinational character of private secu14 rity contracting poses oversight and accountability 

15 challenges. In addition to Iraqi and United States 

16 security contractors working in Iraq, contractors 

17 also included citizens from Australia, Chile, Colom18 bia, Croatia, Fiji, India, Nepal, New Zealand, Nica19 ragua, Russia, Serbia, South Africa, Sri Lanka, and 

20 the United Kingdom, among other countries. 

21 (5) In June 2006, the Government Account22 ability Office reported that ‘‘private security pro23 viders continue to enter the battle space without co24 ordinating with the U.S. military, putting both the 


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1 military and security providers at a greater risk for 

2 injury’’. 

3 (6) According to published accounts and gov4 ernment studies, the assignments being given private 

5 security contractors are often sensitive, including the 

6 protection of United States military bases, interroga7 tion of detainees, maintenance and technical assist8 ance to weapons systems, logistics and base oper9 ations functions, escort of United States convoys, 

10 and protection of key United States Government 

11 personnel. 

12 (7) A recent report by the Congressional Re13 search Service found that ‘‘new [Department of De14 fense] contracts have characteristics that make over15 sight difficult’’. 

16 (8) Contractors are playing an expanded role in 

17 the national security operations of the United States 

18 and the manner in which the United States supports 

19 its troops in the field, especially in contingency oper20 ations, and therefore contracting practices and poli21 cies must be subject to improved and transparent 

22 oversight and management. 

23 SEC. 3. REPORTS ON IRAQ AND AFGHANISTAN CONTRACTS. 

24 (a) REPORTS REQUIRED.—Not later than 90 days 

25 after the date of the enactment of this Act, the Secretary 


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1 of Defense, the Secretary of State, the Secretary of the 

2 Interior, the Administrator of the United States Agency 

3 for International Development, and the Director of Na4 tional Intelligence shall each submit to Congress a report 

5 that contains the information, current as of the date of 

6 the enactment of this Act, as follows: 

7 (1) The number of persons performing work in 

8 Iraq and Afghanistan under contracts (and sub9 contracts at any tier) entered into by departments 

10 and agencies of the United States Government, in11 cluding the Department of Defense, the Department 

12 of State, the Department of the Interior, the United 

13 States Agency for International Development. and 

14 the elements of the intelligence community, respec15 tively. 

16 (2) The companies awarded such contracts and 

17 subcontracts. 

18 (3) The total cost of such contracts. 

19 (4) The total number of persons who have been 

20 killed or wounded in performing work under such 

21 contracts. 

22 (5) A description of the military equipment and 

23 safety equipment provided for the protection of con24 tractors under such contracts, and an assessment of 

25 the adequacy of such equipment. 


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1 (6) The policies and procedures through which 

2 the departments and agencies of the United States 

3 Government instruct and inform contractors under 

4 such contracts of the applicability of law to their ac5 tivities under such contracts, including the laws of 

6 the United States, Iraq, and Afghanistan, and other 

7 applicable laws. 

8 (7) The policies and procedures through which 

9 the departments and agencies of the United States 

10 Government monitor contractors under such con11 tracts on their adherence to applicable law, including 

12 the laws of the United States, Iraq, and Afghani13 stan. 

14 (8) The laws, if any, determined to have been 

15 broken in the performance of such contracts, includ16 ing laws of the United States, Iraq, and Afghani17 stan, and other applicable laws. 

18 (9) A description of the disciplinary actions 

19 that have been taken against persons performing 

20 work under such contracts by the contractor con21 cerned, the United States Government, or the Gov22 ernment of Iraq or the Government of Afghanistan. 

23 (b) ELEMENTS OF THE INTELLIGENCE COMMUNITY

24 DEFINED.—In this section, the term ‘‘elements of the in25 telligence community’’ means the elements of the intelVerDate Aug 31 2005 21:45 Feb 22, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S674.IS S674

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1 ligence community specified in or designated under section 

2 3(4) of the National Security Act of 1947 (50 U.S.C. 

3 401a(4)). 

4 SEC. 4. DEPARTMENT OF DEFENSE REPORT ON STRATEGY 

5 FOR AND APPROPRIATENESS OF ACTIVITIES 

6 OF CONTRACTORS UNDER DEPARTMENT OF 

7 DEFENSE CONTRACTS IN IRAQ, AFGHANI8 STAN, AND THE GLOBAL WAR ON TERROR. 

9 (a) REPORT REQUIRED.—Not later than 180 days 

10 after the date of the enactment of this Act, the Secretary 

11 of Defense shall submit to Congress a report setting forth 

12 the strategy of the Department of Defense for the use of, 

13 and a description of the activities being carried out by, 

14 contractors and subcontractors in support of Department 

15 missions in Iraq, Afghanistan, and the Global War on Ter16 ror, including its strategy for ensuring that such contracts 

17 do not— 

18 (1) have private companies and their employees 

19 performing inherently governmental functions, emer20 gency essential activities, or mission critical activi21 ties; 

22 (2) place contractors in supervisory roles over 

23 United States Government personnel; or 

24 (3) threaten the safety of contractor personnel 

25 or United States Government personnel. 


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1 (b) EMERGENCY ESSENTIAL ACTIVITIES OR MISSION

2 CRITICAL ACTIVITIES DEFINED.—In this section, the 

3 term ‘‘emergency essential activities or mission critical ac4 tivities’’ means any activities as follows: 

5 (1) Activities for which continued performance 

6 is considered essential to support combat systems 

7 and operational activities. 

8 (2) Activities whose delay, absence, or failure of 

9 performance would significantly affect the broader 

10 success or failure of a military operation. 

11 SEC. 5. REQUIREMENTS RELATED TO PERSONNEL PER12 FORMING PRIVATE SECURITY FUNCTIONS 

13 UNDER FEDERAL CONTRACTS DURING CON14 TINGENCY OPERATIONS. 

15 (a) ACCOUNTABILITY FOR PERSONNEL PERFORMING

16 PRIVATE SECURITY FUNCTIONS UNDER FEDERAL CON17 TRACTS DURING CONTINGENCY OPERATIONS.— 

18 (1) PROVISION OF CERTAIN INFORMATION

19 ABOUT PERSONNEL PERFORMING PRIVATE SECURITY

20 FUNCTIONS.—Each covered contract shall require 

21 the contractor to provide to the contracting officer 

22 for the contract, not later than 5 days after the 

23 award of the contract, the following information re24 garding private security functions to be performed 

25 under the contract: 


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1 (A) The approximate number of persons to 

2 be used to perform the private security func3 tions. 

4 (B) A description of the process used to 

5 hire such persons, including the method by 

6 which and the extent to which background 

7 checks regarding such persons are conducted. 

8 (C) A description of how such persons are 

9 trained to carry out tasks specified under the 

10 contract relating to such functions. 

11 (D) A description of each category of activ12 ity relating to such functions required by the 

13 contract. 

14 (2) UPDATES OF INFORMATION.—The informa15 tion provided under paragraph (1) shall be updated 

16 by the contractor during contract performance as 

17 necessary. 

18 (3) SAFEGUARDING INFORMATION.—The head 

19 of each agency awarding a covered contract shall 

20 take such actions as are necessary to protect any in21 formation provided under paragraph (1) that is a 

22 trade secret, or commercial or financial information, 

23 from disclosure to persons outside the Government. 

24 (4) ACCOUNTING.—Each covered contract shall 

25 include the following requirements: 


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1 (A) Upon award of the contract, the con2 tractor shall provide to the contracting officer 

3 cost estimates of salary, benefits, insurance, 

4 materials, logistics, travel, administrative costs, 

5 and other costs of carrying out private security 

6 functions under the contract. 

7 (B) Before contract closeout (other than 

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

9 contractor shall provide to the contracting offi10 cer a report on the actual costs of carrying out 

11 private security functions under the contract, in 

12 the same categories as provided under subpara13 graph (A). 

14 (5) QUARTERLY REPORTS ON STAFFING.—Each 

15 covered contract shall require the contractor to sub16 mit to the contracting officer on a quarterly basis a 

17 report on the number of personnel performing pri18 vate security functions under such contract during 

19 the preceding 90 days and on the location or loca20 tions in which such personnel performed such func21 tions. 

22 (6) OVERSIGHT.—Before a covered contract is 

23 awarded, the head of the agency awarding the con24 tract shall ensure that sufficient resources are avail25 able to enable contracting officers of the agency to 


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1 perform oversight of the performance of private se2 curity functions under the contract, including over3 sight inspections of facilities and operations. 

4 (7) WAIVER AUTHORITY.— 

5 (A) WAIVER.—The head of the agency 

6 awarding a covered contract may waive a re7 quirement of this subsection with respect to a 

8 contract in an emergency or exceptional situa9 tion, as determined by the head of the agency. 

10 Any such waiver shall be limited to the require11 ments that are impossible or impracticable to 

12 implement because of the emergency or excep13 tional situation. 

14 (B) REPORT.—Commencing 180 days 

15 after the date of the enactment of this Act, and 

16 continuing every 90 days thereafter, each head 

17 of an agency who has, during the preceding 90 

18 days, waived a requirement under this sub19 section with respect to a covered contract shall 

20 submit to the committees of Congress referred 

21 to in subparagraph (C) a report that— 

22 (i) describes each such waiver by the 

23 head of the agency, including the contract 

24 involved and the emergency or exceptional 

25 situation that justified such waiver; and 


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1 (ii) contains a plan for bringing each 

2 such contract into compliance with the 

3 waived requirements as soon as possible or 

4 an explanation of why such waiver needs to 

5 be permanent. 

6 (C) COMMITTEES OF CONGRESS.—The 

7 committees of Congress referred to in this sub8 paragraph are the following: 

9 (i) The Committees on Appropria10 tions, Armed Services, Oversight and Gov11 ernment Reform, and Foreign Affairs of 

12 the House of Representatives. 

13 (ii) The Committees on Appropria14 tions, Armed Services, Homeland Security 

15 and Governmental Affairs, and Foreign 

16 Relations of the Senate. 

17 (b) REPORTS REQUIRED.— 

18 (1) IN GENERAL.—During a contingency oper19 ation, the head of each agency with any covered con20 tracts in effect shall submit to Congress reports on 

21 such contracts in accordance with this subsection. 

22 (2) MATTERS COVERED.—Each report required 

23 by paragraph (1) shall include the following informa24 tion: 


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1 (A) Total number of covered contracts 

2 awarded by the agency with respect to the con3 tingency operation. 

4 (B) The total number of contracting offi5 cers overseeing the covered contracts reported 

6 under subparagraph (A). 

7 (C) The most current information available 

8 under subsection (a)(5) with respect to each 

9 covered contract. 

10 (D) The number of covered contracts 

11 awarded since the last report. 

12 (E) The total number of contract per13 sonnel working on the covered contracts re14 ported under subparagraph (D). 

15 (F) The total value of awards for covered 

16 contracts reported under subparagraph (D). 

17 (G) A detailed catalogue of activities per18 formed under covered contracts reported under 

19 subparagraph (D). 

20 (3) DEADLINES.—The head of an agency shall 

21 submit an initial report as required by paragraph 

22 (1) within 90 days after first awarding a covered 

23 contract, and shall issue additional reports there24 after every 90 days. 


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1 (4) COMMITTEES.—The report required by 

2 paragraph (1) shall be submitted to the Committees 

3 on Appropriations and Armed Services of the House 

4 of Representatives and the Senate. 

5 (5) FORM.—The report required by paragraph 

6 (1) shall be submitted in unclassified form, but may 

7 include a classified annex. 

8 SEC. 6. IMPROVED COORDINATION BETWEEN THE ARMED 

9 FORCES AND CONTRACTORS PERFORMING 

10 PRIVATE SECURITY FUNCTIONS IN CONTIN11 GENCY OPERATIONS. 

12 (a) RULES OF ENGAGEMENT.— 

13 (1) REQUIREMENT TO ISSUE.—Not later than 

14 15 days after the date on which a contingency oper15 ation is initiated, the Chairman of the Joint Chiefs 

16 of Staff shall issue rules of engagement regarding 

17 the circumstances under which force may be used by 

18 contract personnel performing private security func19 tions within the area covered by the contingency op20 eration and the types of force authorized. Each cov21 ered contract shall require contract personnel to ad22 here to the rules of engagement issued under this 

23 subsection. 

24 (2) NOTIFICATION.—The commander of the 

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1 cludes the theater of operations of a contingency op2 eration shall communicate the rules of engagement 

3 for the contingency operation to contract personnel 

4 in accordance with subsection (c). 

5 (3) EXCEPTIONS AND SPECIAL RULES.—As ap6 propriate, the Chairman of the Joint Chiefs of Staff 

7 may provide exceptions or special rules in the rules 

8 of engagement for specific contractors. 

9 (b) HIRING, TRAINING, AND EQUIPMENT STAND10 ARDS RELATING TO PRIVATE SECURITY CONTRACTORS.— 

11 (1) REGULATIONS.—Not later than 30 days 

12 after the date on which a contingency operation is 

13 initiated, the head of each agency awarding a cov14 ered contract shall prescribe in regulations minimum 

15 standards (appropriate for the agency) for contract 

16 personnel performing private security functions with17 in the area covered by the contingency operation, in18 cluding minimum training and certification stand19 ards. The standards may vary based on the duties 

20 of personnel, but must address criminal records, se21 curity clearance requirements, and other issues that 

22 the head of the agency determines may lead to secu23 rity or performance concerns. 

24 (2) GUIDANCE FOR EQUIPMENT.—The head of 

25 each agency awarding a covered contract shall issue 


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1 guidance (appropriate for the agency) on equipment 

2 used for private security functions under covered 

3 contracts with the agency, including appropriate uni4 forms and levels of body armor and equipment 

5 armor, and a recommended list of re-armorers and 

6 weapons and armor manufacturers for complying 

7 with such guidelines. 

8 (3) CONSULTATION WITH SECRETARY OF DE9 FENSE.—The head of each agency shall consult with 

10 the Secretary of Defense in developing regulations 

11 and guidance under this subsection. 

12 (c) IMPROVED COORDINATION AND COMMUNICATION

13 BETWEEN THE ARMED FORCES AND CONTRACTORS PER14 FORMING PRIVATE SECURITY FUNCTIONS.— 

15 (1) DESIGNATION OF THEATER SECURITY CON16 TRACT COORDINATING OFFICER.—For each contin17 gency operation in which contract personnel per18 forming private security functions are active, the 

19 Chairman of the Joint Chiefs of Staff shall des20 ignate a member of the Armed Forces or civilian 

21 employee of the Department to act as the coordi22 nating officer on security contracts in the theater of 

23 operations of such contingency operation. The indi24 vidual so designated shall be known as the ‘‘Theater 


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1 Security Contract Coordinating Officer’’ for the the2 ater of operations of such contingency operation. 

3 (2) RESPONSIBILITIES OF THEATER SECURITY

4 CONTRACT COORDINATING OFFICER.—The Theater 

5 Security Contract Coordinating Officer for a theater 

6 of operations of a contingency operation shall, for 

7 such theater of operations— 

8 (A) establish regulations providing for reli9 able lines of communications between contract 

10 personnel performing private security functions 

11 and the Armed Forces; 

12 (B) maintain a current database on the 

13 contract personnel performing such functions, 

14 including their employing contractors, nationali15 ties, backgrounds, and training, and the nature 

16 of their activities; 

17 (C) communicate the rules of engagement 

18 established under subsection (a) to contractors 

19 and contract personnel performing such func20 tions; 

21 (D) take any actions authorized by the 

22 Chairman of the Joint Chiefs of Staff for pur23 poses of this subsection to ensure the compli24 ance of contractors in the theater of operations 

25 with the requirements of paragraph (3); 


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1 (E) communicate other critical informa2 tion, including guidance on Department of De3 fense responsibilities for force protection of con4 tract personnel and guidance on equipment, to 

5 contractors and contract personnel; and 

6 (F) as appropriate, communicate up-to7 date information about the security environ8 ment that may be relevant to contract per9 sonnel. 

10 (3) REQUIREMENTS FOR CONTRACTORS RELAT11 ING TO THEATER SECURITY CONTRACT COORDI12 NATING OFFICER.—Each contractor in a theater of 

13 operations of a contingency operation shall be re14 quired to— 

15 (A) register with the Theater Security 

16 Contract Coordinating Officer for the theater of 

17 operations and keep the Officer currently in18 formed on the number, nationality, background, 

19 and training of the contract personnel assigned 

20 to perform private security functions under a 

21 covered contract; 

22 (B) report any incidents in which contract 

23 personnel performing such functions use force 

24 or are attacked by hostile forces; 


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1 (C) report to the Theater Security Con2 tract Coordinating Officer any casualties suf3 fered by covered contract personnel; 

4 (D) communicate to the Theater Security 

5 Contract Coordinating Officer, in accordance 

6 with the regulations issued under paragraph 

7 (2)(A), tactical information, such as informa8 tion on the movement of contractor personnel 

9 performing such functions into and out of a 

10 battle space; and 

11 (E) communicate to the Theater Security 

12 Contract Coordinating Officer relevant informa13 tion, including intelligence, reports of hostile ac14 tivity, or information relevant to military plan15 ning. 

16 SEC. 7. LEGAL STATUS OF CONTRACT PERSONNEL. 

17 (a) CLARIFICATION OF MILITARY

18 EXTRATERRITORIAL JURISDICTION ACT.— 

19 (1) INCLUSION OF CONTRACTORS.—Subsection 

20 (a) of section 3261 of title 18, United States Code, 

21 is amended— 

22 (A) by striking ‘‘or’’ at the end of para23 graph (1); 

24 (B) by striking the comma at the end of 

25 paragraph (2) and inserting ‘‘; or’’; and 


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1 (C) by inserting after paragraph (2) the 

2 following: 

3 ‘‘(3) while employed under a contract (or sub4 contract at any tier) awarded by any department or 

5 agency of the United States Government, where the 

6 work under such contract is carried out in a region 

7 outside the United States in which the Armed 

8 Forces are conducting a contingency operation,’’. 

9 (2) DEFINITION.—Section 3267 of title 18, 

10 United States Code, is amended by adding at the 

11 end the following: 

12 ‘‘(5) The term ‘contingency operation’ has the 

13 meaning given that term in section 101(a)(13) of 

14 title 10.’’. 

15 (b) SENSE OF CONGRESS ON INVESTIGATION AND

16 PROSECUTION OF ABUSES BY PRIVATE SECURITY CON17 TRACTORS AND OTHERS.—It is the sense of Congress 

18 that— 

19 (1) if there is probable cause to believe that an 

20 individual assigned to perform private security func21 tions under a covered contract, any other contractor 

22 personnel, or any contractor has violated section 

23 3261(a) of title 18, United States Code, except in 

24 situations in which the individual is prosecuted 

25 under chapter 47 of title 10, United States Code 


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1 (the Uniform Code of Military Justice), or under 

2 other law, the Department of Defense should use the 

3 authority provided in section 3262 of title 18, 

4 United States Code, to arrest and detain such indi5 vidual. personnel, or contractor and transfer such in6 dividual, personnel, or contractor to civilian authori7 ties for prosecution; and 

8 (2) the Secretary of Defense should issue guid9 ance, as soon as possible after the date of the enact10 ment of this Act, on how the amendment made by 

11 section 552 of the John Warner National Defense 

12 Authorization Act of 2007 (Public Law 109–364; 

13 120 Stat. 2217) to section 802(a)(10) of title 10, 

14 United States Code (article 2(a)(10) of the Uniform 

15 Code of Military Justice), will be implemented. 

16 (c) DEPARTMENT OF JUSTICE INSPECTOR GENERAL

17 REPORT.— 

18 (1) REPORT REQUIRED.—Not later than 30 

19 days after the date of the enactment of this Act, the 

20 Inspector General of the Department of Justice shall 

21 submit to Congress a report. 

22 (2) CONTENT OF REPORT.—The report shall in23 clude— 

24 (A) a description of the status of Depart25 ment of Justice investigations of abuses alleged 


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1 to have been committed by contract personnel 

2 performing private security functions, other 

3 contract personnel, or contractors under cov4 ered contracts, which shall include— 

5 (i) the number of complaints received 

6 by the Department of Justice; 

7 (ii) the number of investigations into 

8 complaints opened by the Department of 

9 Justice; 

10 (iii) the number of criminal cases 

11 opened by the Department of Justice; and 

12 (iv) the number and result of criminal 

13 cases closed by the Department of Justice; 

14 and 

15 (B) findings and recommendations about 

16 the capacity and effectiveness of the Depart17 ment of Justice in prosecuting misconduct by 

18 such contract personnel. 

19 (3) FORM.—The report shall be submitted in 

20 unclassified form, but may include a classified 

21 annex. 

22 SEC. 8. FEDERAL BUREAU OF INVESTIGATION INVESTIGA23 TIVE UNIT FOR CONTINGENCY OPERATIONS. 

24 (a) ESTABLISHMENT OF THEATER INVESTIGATIVE

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1 nection with a contingency operation in which contract 

2 personnel are carrying out work under a covered contract, 

3 the Federal Bureau of Investigation shall establish a The4 ater Investigative Unit, which shall be responsible for in5 vestigating allegations of criminal misconduct under sec6 tion 3261 of title 18, United States Code, by contract per7 sonnel. 

8 (b) RESPONSIBILITIES OF THEATER INVESTIGATIVE

9 UNIT.—The Theater Investigative Unit established for a 

10 theater of operations shall— 

11 (1) investigate reports that raise reasonable 

12 suspicion of criminal misconduct by contract per13 sonnel; 

14 (2) investigate reports of fatalities resulting 

15 from the use of force by contract personnel; and 

16 (3) upon conclusion of an investigation of al17 leged criminal misconduct, refer the case to the At18 torney General of the United States for further ac19 tion, as appropriate in the discretion of the Attorney 

20 General. 

21 (c) RESPONSIBILITIES OF FEDERAL BUREAU OF IN22 VESTIGATION.— 

23 (1) RESOURCES.—The Federal Bureau of In24 vestigation shall ensure that each Theater InvestigaVerDate Aug 31 2005 21:45 Feb 22, 2007 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S674.IS S674

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1 tive Unit has adequate resources and personnel to 

2 carry out its responsibilities. 

3 (2) NOTIFICATION.—The Federal Bureau of In4 vestigation shall notify Congress whenever a Theater 

5 Investigative Unit is established or terminated under 

6 this section. 

7 (d) RESPONSIBILITIES OF OTHER FEDERAL AGEN8 CIES.—An agency operating in a theater of operations in 

9 which a Theater Investigative Unit is established shall co10 operate with and support the activities of the Theater In11 vestigative Unit. Any investigation carried out by the In12 spector General of an agency shall be coordinated with the 

13 activities of the unit as appropriate. 

14 SEC. 9. DEFINITIONS. 

15 In sections 5 through 8 of this Act: 

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

17 contract’’ means— 

18 (A) a prime contract awarded by an agen19 cy, if the work to be performed under the con20 tract includes private security functions; 

21 (B) a subcontract at any tier under any 

22 prime contract awarded by an agency, if the 

23 work to be performed under the subcontract in24 cludes private security functions; or 


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1 (C) a task order issued under a task or de2 livery order contract entered into by an agency, 

3 if the work to be performed under the task 

4 order includes private security functions. 

5 (2) PRIVATE SECURITY FUNCTIONS.—The term 

6 ‘‘private security functions’’, with respect to activi7 ties carried out under a covered contract in a the8 ater in which the United States is engaged in a con9 tingency operation, means any activity as follows: 

10 (A) Any activity for which personnel are 

11 allowed to carry weapons in the performance of 

12 the contract. 

13 (B) The performance of— 

14 (i) military logistics for operations; 

15 (ii) maintenance or arming of weap16 ons systems; 

17 (iii) interrogation of prisoners; 

18 (iv) convoy security; 

19 (v) guarding vital facilities and per20 sonnel; 

21 (vi) tactical security work; or 

22 (vii) local force training. 

23 (C) Any other activity in support of the 

24 contingency operation, as determined by the 

25 Theater Security Contract Coordinating Officer 


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1 for the theater of operations of the contingency 

2 operation as designated under section 6(c)(1). 

3 (3) AGENCY.—The term ‘‘agency’’ has the 

4 meaning given the term ‘‘Executive agency’’ in sec5 tion 105 of title 5, United States Code. 

6 (4) CONTINGENCY OPERATION.—The term 

7 ‘‘contingency operation’’ has the meaning given the 

8 term section 101(13) of title 10, United States 

9 Code. 

10 (5) CONTRACTOR.—The term ‘‘contractor’’ 

11 means an entity performing a covered contract (in12 cluding a subcontract at any tier). 

13 (6) CONTRACT PERSONNEL.—The term ‘‘con14 tract personnel’’ means persons assigned by a con15 tractor (including a subcontractor at any tier) to 

16 perform work under a covered contract. 

17 SEC. 10. EFFECTIVE DATE. 

18 (a) APPLICABILITY.—The provisions of this Act shall 

19 apply to the following: 

20 (1) All covered contracts and all covered con21 tract personnel in which the work under the contract 

22 is carried out in a theater in which the United 

23 States is currently conducting contingency oper24 ations. 


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27 

•S 674 IS

1 (2) In the event that the United States begins 

2 new contingency operations, all covered contracts 

3 and all covered contract personnel in which the work 

4 under the contract is carried out in a theater in 

5 which the United States is conducting such contin6 gency operations. 

7 (b) IMMEDIATE EFFECTIVENESS.—The provisions of 

8 this Act shall enter into effect immediately upon the enact9 ment of this Act. 

10 (c) IMPLEMENTATION.—With respect to covered con11 tracts and covered contract personnel discussed in sub12 section (a)(1), the United States Government shall have 

13 90 days following the enactment of this Act to ensure com14 pliance with the provisions of this Act. 

Æ 


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