I 

108TH CONGRESS 

2D SESSION H. R. 4749 

To require accountability for personnel performing Federal contracts with 

private security contractors. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2004 

Mr. PRICE of North Carolina (for himself, Mr. WAXMAN, Mr. SPRATT, Mr. 

MEEHAN, and Mr. CRAMER) introduced the following bill; which was referred to the Committee on Government Reform, 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 Federal 

contracts with private security 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 ‘‘Transparency and Ac5 countability in Security Contracting Act’’. 
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1 SEC. 2. REQUIREMENTS RELATING TO CONTRACTS WITH 

2 PRIVATE SECURITY CONTRACTORS. 

3 (a) ACCOUNTABILITY REQUIREMENTS FOR PER4 SONNEL PERFORMING FEDERAL CONTRACTS WITH PRI5 VATE SECURITY CONTRACTORS.— 

6 (1) REQUIREMENT TO PROVIDE CERTAIN IN7 FORMATION ABOUT PERSONNEL PERFORMING FED8 ERAL CONTRACTS.—Each covered contract shall re9 quire contractors to provide the appropriate Federal 

10 Government contracting officer with the following in11 formation at the time the contract is awarded and 

12 to update the information during contract perform13 ance as necessary: 

14 (A) Number of persons being used by the 

15 contractor and subcontractors (at any tier) of 

16 the contractor to carry out the contract and any 

17 subcontracts under the contract. 

18 (B) A description of how such persons are 

19 trained to carry out tasks specified under the 

20 contract. 

21 (C) The salaries and benefits of such per22 sons. 

23 (D) A description of each category of activ24 ity required by the covered contract. 

25 (2) FULL COST ACCOUNTING.—Each covered 

26 contract shall include the following requirements: 
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1 (A) Before award of the contract, the con2 tractor shall provide cost estimates of salary, 

3 insurance, materials, logistics, travel, adminis4 trative costs, and other costs of carrying out 

5 the contract. 

6 (B) Before contract closeout, the con7 tractor shall provide a report on the actual 

8 costs of carrying out the contract, in the same 

9 categories as provided under subparagraph (A). 

10 (3) CASUALTY REPORTING.—Each covered con11 tract shall require full reporting by the contractor of 

12 all personnel casualties in carrying out the contract. 

13 (4) OVERSIGHT.—Before a covered contract is 

14 awarded, the head of the agency awarding the con15 tract shall ensure that sufficient funds are available 

16 to enable contracting officers of the agency to per17 form oversight of the performance of the contract. 

18 (5) WAIVER AUTHORITY.—The head of the 

19 agency awarding a covered contract may waive a re20 quirement of this section with respect to a contract 

21 in an emergency or exceptional situation, as deter22 mined by the head of the agency. Any such waiver 

23 shall be limited to the requirements that are impos24 sible or impracticable to implement because of the 

25 emergency or exceptional situation. In any case in 
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1 which the head of an agency waives a requirement 

2 under this section with respect to a contract, the 

3 agency head shall submit to Congress a report, with4 in 30 days after the date of award of the contract, 

5 that describes the contract, the waiver, the emer6 gency or exceptional situation that justified the 

7 waiver, and a plan for bringing the contract into 

8 compliance with the waived requirements as soon as 

9 possible or an explanation of why the waiver needs 

10 to be permanent. 

11 (6) FAR REVISIONS.—Not later than 120 days 

12 after the date of the enactment of this Act, the Fed13 eral Acquisition Regulation shall be revised to imple14 ment the provisions of this subsection. 

15 (b) REQUIREMENTS OF THE SECRETARY OF DE16 FENSE RELATING TO CONTRACTS WITH PRIVATE SECU17 RITY CONTRACTORS.— 

18 (1) HIRING STANDARDS RELATING TO PRIVATE

19 SECURITY CONTRACTORS.—Not later than 90 days 

20 after the date of the enactment of this Act, the Sec21 retary of Defense shall prescribe in regulations min22 imum standards for the persons that private security 

23 contractors may hire for the performance of any cov24 ered contract. The standards may vary based on the 

25 duties of personnel, but must address past criminal 
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1 activity, security clearance requirements, and other 

2 issues the Secretary determines may lead to security 

3 or performance concerns. 

4 (2) COMPARATIVE ANALYSIS.—Before a Federal 

5 agency enters into a covered contract, the Secretary 

6 of Defense shall perform a cost and effectiveness 

7 analysis for every category of potential activity that 

8 may be carried out by the private security contractor 

9 under the contract, comparing the cost and effective10 ness that would be associated with the same activi11 ties being carried out by civilian employees of the 

12 Department of Defense or members of the Armed 

13 Forces. The Secretary shall ensure, as part of the 

14 analysis, that the overall military mission would not 

15 be significantly affected if the contractor personnel 

16 refused to perform work as required under the con17 tract. 

18 (c) DEFINITIONS.—In this section: 

19 (1) COVERED CONTRACTS.—The term ‘‘covered 

20 contract’’ means a contract entered into by the Fed21 eral Government with a private security contractor, 

22 except that, in the case of a task or delivery order 

23 contract entered into by the Federal Government 

24 with a private security contractor, the term means 

25 a task order issued under the contract. 
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1 (2) PRIVATE SECURITY CONTRACTOR.—The 

2 term ‘‘private security contractor’’ means any entity 

3 under contract with the Federal Government— 

4 (A) whose personnel are allowed to carry 

5 weapons as part of their contract; or 

6 (B) that uses persons who perform one or 

7 more of the following duties: 

8 (i) Military logistics and maintenance. 

9 (ii) Interrogation of prisoners. 

10 (iii) Convoy security. 

11 (iv) Guarding vital facilities and per12 sonnel. 

13 (v) Intelligence gathering and anal14 ysis. 

15 (vi) Tactical security work. 

16 (vii) Local force training. 

17 (d) EFFECTIVE DATE.—This section shall apply to 

18 covered contracts entered into on or after the date occur19 ring 60 days after the date of the enactment of this Act. 

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