I 

111TH CONGRESS 

2D SESSION H. R. 4650 

To phase out the use of private military contractors. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 23, 2010 

Ms. SCHAKOWSKY (for herself, Mr. HINCHEY, Mr. GRIJALVA, Mr. MCGOVERN, 

Mr. STARK, Ms. BALDWIN, Ms. MOORE of Wisconsin, Ms. LEE of California, Ms. WOOLSEY, Mr. GONZALEZ, Mr. FILNER, Mr. ELLISON, Mr. 

HALL of New York, Mrs. MALONEY, Mr. POLIS of Colorado, Mr. HOLT, 

Ms. SHEA-PORTER, and Mr. GUTIERREZ) introduced the following bill; 

which was referred to the Committee on Foreign Affairs, and in addition 

to the Committees on Armed Services and Select Intelligence (Permanent 

Select), 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 phase out the use of private military contractors. 

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 ‘‘Stop Outsourcing Se5 curity Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The United States Government is increas2 ingly relying on armed private security contractors 

3 to perform mission-critical and emergency essential 

4 functions that historically have been performed by 

5 United States military or Government personnel. 

6 (2) In August 2008, the Congressional Budget 

7 Office estimated that there were approximately 

8 190,000 contractors operating in Iraq, and between 

9 25,000 and 30,000 of these were private security 

10 contractors. 

11 (3) As of September 2009, the Department of 

12 Defense had approximately 218,000 contract em13 ployees operating in Iraq and Afghanistan, as com14 pared to 195,000 members of the United States 

15 Armed Forces operating in these two theaters of 

16 war. 

17 (4) As of June 2009, the Department of De18 fense had deployed over 13,000 armed private secu19 rity contractors in Iraq and over 5,000 in Afghani20 stan, an increase from 10,743 and 4,111, respec21 tively, in March 2009. 

22 (5) As of February 28, 2009, the Department 

23 of State used 3,321 armed private security contrac24 tors in Iraq and 689 in Afghanistan. 


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1 (6) In September 2009, photos surfaced show2 ing individuals hired by ArmorGroup North Amer3 ica, which was awarded a contract by the Depart4 ment of State to provide security at the United 

5 States embassy in Kabul, engaging in lewd and 

6 drunken sexual conduct and hazing. 

7 (7) There is evidence that ArmorGroup North 

8 America, and its parent company Wackenhut Serv9 ices, had previously ignored repeated reports of mis10 conduct by its employees in Kabul. 

11 (8) The Department of State issued numerous 

12 formal notices to ArmorGroup North America re13 garding performance deficiencies, and in March 

14 2009 wrote to the company expressing ‘‘grave con15 cern’’ about the short-staffing of guard posts. 

16 (9) In May 2009, four men employed as mili17 tary trainers for Paravant LLC, a Blackwater affil18 iate, fired on a civilian vehicle in Kabul, killing one 

19 Afghan and wounding two others. 

20 (10) On September 16, 2007, individuals hired 

21 by the company then known as Blackwater USA 

22 opened fire on Baghdad’s Nisour Square, killing 17 

23 Iraqis and wounding at least 20 others. 

24 (11) A Federal judge dismissed criminal 

25 charges against the Blackwater contractors involved 


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1 in the Nisour Square shooting after finding that 

2 Federal prosecutors misused evidence, a decision 

3 that has been appealed by the Department of Jus4 tice. 

5 (12) On October 18, 2007, Secretary of De6 fense Robert Gates stated that the work of many 

7 contractors in Iraq is ‘‘at cross-purposes to our larg8 er mission in Iraq,’’ and that ‘‘right now those mis9 sions are in conflict’’. 

10 (13) On Christmas Eve 2006, Blackwater con11 tractor Andrew Moonen, while drunk, shot and killed 

12 a guard to Iraqi Vice President Adil Abd-al-Mahdi 

13 in the Green Zone, and though Mr. Moonen lost his 

14 job with Blackwater as a result of this incident, he 

15 was promptly hired by Combat Support Associates, 

16 another Department of Defense contractor, and sent 

17 to work in Kuwait. 

18 (14) In the wake of the 2004 killing of four 

19 Blackwater contractors in Fallujah, the families of 

20 the men killed filed a civil suit against the company, 

21 alleging that Blackwater failed to properly equip and 

22 man its armored vehicles. 

23 (15) Xe Services, LLC, the company formerly 

24 known as Blackwater, has also faced allegations of 


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1 weapons smuggling and improperly licensing fire2 arms. 

3 (16) In 2007, the Committee on Oversight and 

4 Government Reform of the House of Representatives 

5 investigated Blackwater’s employment practices and 

6 found that the company’s classification of its secu7 rity guards may have allowed the firm to avoid pay8 ing Social Security, Medicare, and Federal income 

9 and employment taxes. 

10 (17) In response to a request from the Com11 mittee on Oversight and Government Reform of the 

12 House of Representatives, the Inspector General of 

13 the Small Business Administration investigated 

14 Blackwater in 2008 and found that the company 

15 may have misrepresented its small business status, 

16 enabling it to qualify for $110,000,000 in govern17 ment contracts set aside specifically for small busi18 nesses. 

19 (18) Signed affidavits have been filed in a civil 

20 lawsuit against Blackwater that company founder 

21 Erik Prince views himself ‘‘as a Christian crusader 

22 tasked with eliminating Muslims and the Islamic 

23 faith from the globe’’, that he knowingly deployed 

24 ‘‘demonstrably unfit men’’ to Iraq, and that he used 

25 illegal ammunition, including a bullet designed to exVerDate Nov 24 2008 07:02 Feb 24, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4650.IH H4650

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1 plode after entering the human body, among other 

2 charges. 

3 (19) In November 2007, a contractor employed 

4 by DynCorp International, LLC, reportedly shot and 

5 killed an unarmed taxi driver who, according to wit6 nesses, posed no threat to the DynCorp convoy. 

7 (20) A January 2007 report by the Special In8 spector General for Iraq Reconstruction stated that 

9 DynCorp billed the United States for millions of dol10 lars of work that was never authorized. 

11 (21) In October 2007, an audit report issued by 

12 the Special Inspector General for Iraq Reconstruc13 tion stated that the Department of State ‘‘does not 

14 know specifically what it received for most of the 

15 $1,200,000,000 in expenditures under its DynCorp 

16 Contract for the Iraqi Police Training Program’’. 

17 (22) Congress does not have complete access to 

18 information about all security contracts, the number 

19 of armed private security contractors working in 

20 Iraq, Afghanistan, and other combat zones, the 

21 number of contractors who have died, and any dis22 ciplinary actions taken against contract personnel or 

23 companies. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 


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1 (1) MISSION CRITICAL OR EMERGENCY ESSEN2 TIAL FUNCTIONS.—The term ‘‘mission critical or 

3 emergency essential functions’’— 

4 (A) means— 

5 (i) activities for which continued per6 formance is considered essential to support 

7 combat systems and operational activities; 

8 or 

9 (ii) activities whose delay, absence, or 

10 failure of performance would significantly 

11 affect the broader success or failure of a 

12 military operation; and 

13 (B) includes— 

14 (i) the provision of protective services; 

15 (ii) the provision of security advice 

16 and planning; 

17 (iii) military and police training; 

18 (iv) repair and maintenance for weap19 ons systems; 

20 (v) prison administration; 

21 (vi) interrogation; and 

22 (vii) intelligence. 

23 (2) SPECIFIED CONGRESSIONAL COMMIT24 TEES.—The term ‘‘specified congressional commit25 tees’’ means the following committees: 


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1 (A) The Committee on Armed Services, the 

2 Committee on Oversight and Government Re3 form, the Committee on Appropriations, the 

4 Committee on Foreign Affairs, and the Perma5 nent Select Committee on Intelligence of the 

6 House of Representatives. 

7 (B) The Committee on Armed Services, 

8 the Committee on Homeland Security and Gov9 ernmental Affairs, the Committee on Appro10 priations, the Committee on Foreign Relations, 

11 and the Select Committee on Intelligence of the 

12 Senate. 

13 SEC. 4. REQUIREMENT FOR GOVERNMENT PERSONNEL TO 

14 PERFORM DIPLOMATIC SECURITY IN IRAQ 

15 AND AFGHANISTAN. 

16 Not later than 180 days after the date of the enact17 ment of this Act, the Secretary of State shall ensure that 

18 all personnel at any United States diplomatic or consular 

19 mission in Iraq or Afghanistan are provided security serv20 ices only by United States Government personnel. 


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1 SEC. 5. REQUIREMENTS RELATING TO CONTRACTORS PER2 FORMING MISSION CRITICAL OR EMERGENCY 

3 ESSENTIAL FUNCTIONS IN ALL CONFLICT 

4 ZONES IN WHICH CONGRESS HAS AUTHOR5 IZED THE USE OF FORCE. 

6 (a) REPORT BY PRESIDENT.— 

7 (1) REQUIREMENT.—Not later than June 1, 

8 2010, the President shall submit to the specified 

9 congressional committees a report on the status of 

10 planning for the transition away from the use of pri11 vate contractors for mission critical or emergency es12 sential functions by January 1, 2011, in all conflict 

13 zones in which Congress has authorized the use of 

14 force. 

15 (2) ADDITIONAL MATTERS COVERED.—If the 

16 report submitted under paragraph (1) states that 

17 the relevant agencies will not be able to transition to 

18 government and military personnel for such func19 tions by January 1, 2011, the President shall in20 clude in the report the following: 

21 (A) A statement of the reasons why the 

22 relevant agencies are unable to do so, the date 

23 by which they will be able to do so, and the 

24 plan to ensure that they will be able to do so 

25 by that date. 

26 (B) A certification that— 


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1 (i) all contract employees have under2 gone background checks to ensure that 

3 they do not have criminal records and have 

4 not been accused of human rights abuses; 

5 (ii) no contract employees are subject 

6 to pending criminal charges; 

7 (iii) all contract employees are under 

8 the jurisdiction of section 3261 of title 18, 

9 United States Code (relating to military 

10 extraterritorial jurisdiction); 

11 (iv) contract employees, if accused of 

12 crimes by the host country, must remain in 

13 United States custody; and 

14 (v) contracts include whistleblower 

15 protections for employees to provide good 

16 faith information to management, govern17 ment agencies, and Congress of any con18 tract violations, human rights abuses, or 

19 criminal actions. 

20 (3) FORM OF REPORT.—The report required by 

21 this subsection shall be submitted in unclassified 

22 form, to the maximum extent possible, but may con23 tain a classified annex, if necessary. 

24 (b) EXAMINATION OF CONTRACTOR ACCOUNTING

25 PRACTICES.—Any individual or entity under contract with 


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1 the Federal Government to provide mission critical or 

2 emergency essential functions after January 1, 2011, shall 

3 allow the specified congressional committees to examine 

4 their accounting practices with respect to any such con5 tract quarterly and upon request. 

6 (c) REQUIREMENTS RELATING TO CONTRACT RE7 NEWALS.—Any contract with the Federal Government re8 quiring personnel to perform mission critical or emergency 

9 essential functions that is proposed to be renewed after 

10 the date of the enactment of this Act may be renewed only 

11 if— 

12 (1) the President reports to the specified con13 gressional committees that the relevant agency does 

14 not have adequate personnel to perform the duties 

15 stipulated in the contract; and 

16 (2) the President certifies that— 

17 (A) all contract employees have undergone 

18 background checks to ensure that they do not 

19 have criminal records and have not been ac20 cused of human rights abuses; 

21 (B) no contract employees are subject to 

22 pending criminal charges; 

23 (C) all contract employees are under the 

24 jurisdiction of section 3261 of title 18, United 


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1 States Code (relating to military extraterritorial 

2 jurisdiction); 

3 (D) contract employees, if accused of 

4 crimes by the host country, must remain in the 

5 custody of the United States; and 

6 (E) the contract includes whistleblower 

7 protections for employees to provide good faith 

8 information to management, government agen9 cies, and Congress of any contract violations, 

10 human rights abuses, or criminal actions. 

11 SEC. 6. CONGRESSIONAL ACCESS TO CONTRACTS. 

12 (a) REQUIREMENT TO ALLOW CONGRESS ACCESS TO

13 COPIES AND DESCRIPTIONS OF CONTRACTS AND TASK

14 ORDERS IN EXCESS OF $5,000,000 FOR WORK TO BE

15 PERFORMED IN IRAQ AND AFGHANISTAN.— 

16 (1) REQUIREMENT REGARDING CONTRACTS

17 AND TASK ORDERS BEFORE ENACTMENT.—The Sec18 retary of Defense, the Secretary of State, the Sec19 retary of the Interior, and the Administrator of the 

20 United States Agency for International Development 

21 shall allow the chairman and the ranking minority 

22 member of each specified congressional committee 

23 access to a copy of, and a description of the work 

24 performed or to be performed under, each contract, 

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1 tract, in an amount greater than $5,000,000 entered 

2 into by the Department of Defense, the Department 

3 of State, the Department of the Interior, and the 

4 Agency for International Development, respectively, 

5 during the period beginning on October 1, 2001, and 

6 ending on the last day of the month during which 

7 this Act is enacted for work to be performed in Iraq 

8 and Afghanistan. 

9 (2) FORM OF SUBMISSIONS.—The copies and 

10 descriptions required by paragraph (1) shall be sub11 mitted in unclassified form, to the maximum extent 

12 possible, but may contain a classified annex, if nec13 essary. 

14 (b) REPORTS ON IRAQ AND AFGHANISTAN CON15 TRACTS.—The Secretary of Defense, the Secretary of 

16 State, the Secretary of the Interior, and the Administrator 

17 of the United States Agency for International Develop18 ment shall each submit to each specified congressional 

19 committee a report not later than 60 days after the date 

20 of the enactment of this Act that contains the following 

21 information: 

22 (1) The number of persons performing work in 

23 Iraq and Afghanistan under contracts (and sub24 contracts at any tier) entered into by Department of 

25 Defense, the Department of State, the Department 


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1 of the Interior, and the United States Agency for 

2 International Development, respectively. 

3 (2) The total cost of such contracts. 

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

5 wounded or killed in performing work under such 

6 contracts. 

7 (4) A description of the disciplinary actions 

8 that have been taken against persons performing 

9 work under such contracts by the contractor, the 

10 United States Government, or the Government of 

11 Iraq or Afghanistan. 

Æ 


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