II 

111TH CONGRESS 

2D SESSION S. 3023 

To phase out the use of private military contractors. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 23, 2010 

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

to the Committee on Armed Services 

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: 

8 (1) The United States Government is increas9 ingly relying on armed private security contractors 

10 to perform mission-critical and emergency essential 

11 functions that historically have been performed by 

12 United States military or Government personnel. 


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1 (2) In August 2008, the Congressional Budget 

2 Office estimated that there were approximately 

3 190,000 contractors operating in Iraq, and between 

4 25,000 and 30,000 of these were private security 

5 contractors. 

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

7 Defense had approximately 218,000 contract em8 ployees operating in Iraq and Afghanistan, as com9 pared to 195,000 members of the United States 

10 Armed Forces operating in these two theaters of 

11 war. 

12 (4) As of June 2009, the Department of De13 fense had deployed over 13,000 armed private secu14 rity contractors in Iraq and over 5,000 in Afghani15 stan, an increase from 10,743 and 4,111, respec16 tively, in March 2009. 

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

18 of State used 3,321 armed private security contrac19 tors in Iraq and 689 in Afghanistan. 

20 (6) In September 2009, photos surfaced show21 ing individuals hired by ArmorGroup North Amer22 ica, which was awarded a contract by the Depart23 ment of State to provide security at the United 

24 States embassy in Kabul, engaging in lewd and 

25 drunken sexual conduct and hazing. 


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1 (7) There is evidence that ArmorGroup North 

2 America, and its parent company Wackenhut Serv3 ices, had previously ignored repeated reports of mis4 conduct by its employees in Kabul. 

5 (8) The Department of State issued numerous 

6 formal notices to ArmorGroup North America re7 garding performance deficiencies, and in March 

8 2009 wrote to the company expressing ‘‘grave con9 cern’’ about the short-staffing of guard posts. 

10 (9) In May 2009, four men employed as mili11 tary trainers for Paravant LLC, a Blackwater affil12 iate, fired on a civilian vehicle in Kabul, killing one 

13 Afghan and wounding two others. 

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

15 by the company then known as Blackwater USA 

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

17 Iraqis and wounding at least 20 others. 

18 (11) A Federal judge dismissed criminal 

19 charges against the Blackwater contractors involved 

20 in the Nisour Square shooting after finding that 

21 Federal prosecutors misused evidence, a decision 

22 that has been appealed by the Department of Jus23 tice. 

24 (12) On October 18, 2007, Secretary of De25 fense Robert Gates stated that the work of many 


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1 contractors in Iraq is ‘‘at cross-purposes to our larg2 er mission in Iraq,’’ and that ‘‘right now those mis3 sions are in conflict’’. 

4 (13) On Christmas Eve 2006, Blackwater con5 tractor Andrew Moonen, while drunk, shot and killed 

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

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

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

9 was promptly hired by Combat Support Associates, 

10 another Department of Defense contractor, and sent 

11 to work in Kuwait. 

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

13 Blackwater contractors in Fallujah, the families of 

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

15 alleging that Blackwater failed to properly equip and 

16 man its armored vehicles. 

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

18 known as Blackwater, has also faced allegations of 

19 weapons smuggling and improperly licensing fire20 arms. 

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

22 Government Reform of the House of Representatives 

23 investigated Blackwater’s employment practices and 

24 found that the company’s classification of its secu25 rity guards may have allowed the firm to avoid payVerDate Nov 24 2008 02:00 Feb 24, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 ing Social Security, Medicare, and Federal income 

2 and employment taxes. 

3 (17) In response to a request from the Com4 mittee on Oversight and Government Reform of the 

5 House of Representatives, the Inspector General of 

6 the Small Business Administration investigated 

7 Blackwater in 2008 and found that the company 

8 may have misrepresented its small business status, 

9 enabling it to qualify for $110,000,000 in Govern10 ment contracts set aside specifically for small busi11 nesses. 

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

13 lawsuit against Blackwater that company founder 

14 Erik Prince views himself ‘‘as a Christian crusader 

15 tasked with eliminating Muslims and the Islamic 

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

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

18 illegal ammunition, including a bullet designed to ex19 plode after entering the human body, among other 

20 charges. 

21 (19) In November 2007, a contractor employed 

22 by DynCorp International, LLC, reportedly shot and 

23 killed an unarmed taxi driver who, according to wit24 nesses, posed no threat to the DynCorp convoy. 


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1 (20) A January 2007 report by the Special In2 spector General for Iraq Reconstruction stated that 

3 DynCorp billed the United States for millions of dol4 lars of work that was never authorized. 

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

6 the Special Inspector General for Iraq Reconstruc7 tion stated that the Department of State ‘‘does not 

8 know specifically what it received for most of the 

9 $1,200,000,000 in expenditures under its DynCorp 

10 Contract for the Iraqi Police Training Program’’. 

11 (22) Congress does not have complete access to 

12 information about all security contracts, the number 

13 of armed private security contractors working in 

14 Iraq, Afghanistan, and other combat zones, the 

15 number of contractors who have died, and any dis16 ciplinary actions taken against contract personnel or 

17 companies. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) MISSION CRITICAL OR EMERGENCY ESSEN21 TIAL FUNCTIONS.—The term ‘‘mission critical or 

22 emergency essential functions’’— 

23 (A) means— 

24 (i) activities for which continued per25 formance is considered essential to support 


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1 combat systems and operational activities; 

2 or 

3 (ii) activities whose delay, absence, or 

4 failure of performance would significantly 

5 affect the broader success or failure of a 

6 military operation; and 

7 (B) includes— 

8 (i) the provision of protective services; 

9 (ii) the provision of security advice 

10 and planning; 

11 (iii) military and police training; 

12 (iv) repair and maintenance for weap13 ons systems; 

14 (v) prison administration; 

15 (vi) interrogation; and 

16 (vii) intelligence. 

17 (2) SPECIFIED CONGRESSIONAL COMMIT18 TEES.—The term ‘‘specified congressional commit19 tees’’ means the following committees: 

20 (A) The Committee on Armed Services, the 

21 Committee on Oversight and Government Re22 form, the Committee on Appropriations, the 

23 Committee on Foreign Affairs, and the Perma24 nent Select Committee on Intelligence of the 

25 House of Representatives. 


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1 (B) The Committees on Armed Services, 

2 the Committee on Homeland Security and Gov3 ernmental Affairs, the Committee on Appro4 priations, the Committee on Foreign Relations, 

5 and the Select Committee on Intelligence of the 

6 Senate. 

7 SEC. 4. REQUIREMENT FOR GOVERNMENT PERSONNEL TO 

8 PERFORM DIPLOMATIC SECURITY IN IRAQ 

9 AND AFGHANISTAN. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Secretary of State shall ensure that 

12 all personnel at any United States diplomatic or consular 

13 mission in Iraq or Afghanistan are provided security serv14 ices only by United States Government personnel. 

15 SEC. 5. REQUIREMENTS RELATING TO CONTRACTORS PER16 FORMING MISSION CRITICAL OR EMERGENCY 

17 ESSENTIAL FUNCTIONS IN ALL CONFLICT 

18 ZONES IN WHICH CONGRESS HAS AUTHOR19 IZED THE USE OF FORCE. 

20 (a) REPORT BY PRESIDENT.— 

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

22 2010, the President shall submit to the specified 

23 congressional committees a report on the status of 

24 planning for the transition away from the use of pri25 vate contractors for mission critical or emergency esVerDate Nov 24 2008 02:00 Feb 24, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3023.IS S3023

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1 sential functions by January 1, 2011, in all conflict 

2 zones in which Congress has authorized the use of 

3 force. 

4 (2) ADDITIONAL MATTERS COVERED.—If the 

5 report submitted under paragraph (1) states that 

6 the relevant agencies will not be able to transition to 

7 Government and military personnel for such func8 tions by January 1, 2011, the President shall in9 clude in the report the following: 

10 (A) A statement of the reasons why the 

11 relevant agencies are unable to do so, the date 

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

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

14 by that date. 

15 (B) A certification that— 

16 (i) all contract employees have under17 gone background checks to ensure that 

18 they do not have criminal records and have 

19 not been accused of human rights abuses; 

20 (ii) no contract employees are subject 

21 to pending criminal charges; 

22 (iii) all contract employees are under 

23 the jurisdiction of section 3261 of title 18, 

24 United States Code (relating to military 

25 extraterritorial jurisdiction); 


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1 (iv) contract employees, if accused of 

2 crimes by the host country, must remain in 

3 United States custody; and 

4 (v) contracts include whistleblower 

5 protections for employees to provide good 

6 faith information to management, Govern7 ment agencies, and Congress of any con8 tract violations, human rights abuses, or 

9 criminal actions. 

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

11 this subsection shall be submitted in unclassified 

12 form, to the maximum extent possible, but may con13 tain a classified annex, if necessary. 

14 (b) EXAMINATION OF CONTRACTOR ACCOUNTING

15 PRACTICES.—Any individual or entity under contract with 

16 the Federal Government to provide mission critical or 

17 emergency essential functions after January 1, 2011, shall 

18 allow the specified congressional committees to examine 

19 their accounting practices with respect to any such con20 tract quarterly and upon request. 

21 (c) REQUIREMENTS RELATING TO CONTRACT RE22 NEWALS.—Any contract with the Federal Government re23 quiring personnel to perform mission critical or emergency 

24 essential functions that is proposed to be renewed after 


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

2 if— 

3 (1) the President reports to the specified con4 gressional committees that the relevant agency does 

5 not have adequate personnel to perform the duties 

6 stipulated in the contract; and 

7 (2) the President certifies that— 

8 (A) all contract employees have undergone 

9 background checks to ensure that they do not 

10 have criminal records and have not been ac11 cused of human rights abuses; 

12 (B) no contract employees are subject to 

13 pending criminal charges; 

14 (C) all contract employees are under the 

15 jurisdiction of section 3261 of title 18, United 

16 States Code (relating to military extraterritorial 

17 jurisdiction); 

18 (D) contract employees, if accused of 

19 crimes by the host country, must remain in the 

20 custody of the United States; and 

21 (E) the contract includes whistleblower 

22 protections for employees to provide good faith 

23 information to management, Government agen24 cies, and Congress of any contract violations, 

25 human rights abuses, or criminal actions. 


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1 SEC. 6. CONGRESSIONAL ACCESS TO CONTRACTS. 

2 (a) REQUIREMENT TO ALLOW CONGRESS ACCESS TO

3 COPIES AND DESCRIPTIONS OF CONTRACTS AND TASK

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

5 PERFORMED IN IRAQ AND AFGHANISTAN.— 

6 (1) REQUIREMENT REGARDING CONTRACTS

7 AND TASK ORDERS BEFORE ENACTMENT.—The Sec8 retary of Defense, the Secretary of State, the Sec9 retary of the Interior, and the Administrator of the 

10 United States Agency for International Development 

11 shall allow the chairman and the ranking minority 

12 member of each specified congressional committee 

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

14 performed or to be performed under, each contract, 

15 and each task order issued under an existing con16 tract, in an amount greater than $5,000,000 entered 

17 into by the Department of Defense, the Department 

18 of State, the Department of the Interior, and the 

19 Agency for International Development, respectively, 

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

21 ending on the last day of the month during which 

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

23 and Afghanistan. 

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

25 descriptions required by paragraph (1) shall be sub26 mitted in unclassified form, to the maximum extent 


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1 possible, but may contain a classified annex, if nec2 essary. 

3 (b) REPORTS ON IRAQ AND AFGHANISTAN CON4 TRACTS.—The Secretary of Defense, the Secretary of 

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

6 of the United States Agency for International Develop7 ment shall each submit to each specified congressional 

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

9 of the enactment of this Act that contains the following 

10 information: 

11 (1) The number of persons performing work in 

12 Iraq and Afghanistan under contracts (and sub13 contracts at any tier) entered into by Department of 

14 Defense, the Department of State, the Department 

15 of the Interior, and the United States Agency for 

16 International Development, respectively. 

17 (2) The total cost of such contracts. 

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

19 wounded or killed in performing work under such 

20 contracts. 

21 (4) A description of the disciplinary actions 

22 that have been taken against persons performing 

23 work under such contracts by the contractor, the 


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1 United States Government, or the Government of 

2 Iraq or Afghanistan. 

Æ 


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