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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3037 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3037

To increase oversight of private security contractors and establish the 
proper ratio of United States Government security personnel to private 
 security contractors at United States missions where the Armed Forces 
                   are engaged in combat operations.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2010

 Mrs. McCaskill (for herself, Mr. Feingold, and Mr. Leahy) introduced 
the following bill; which was read twice and referred to the Committee 
                          on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
To increase oversight of private security contractors and establish the 
proper ratio of United States Government security personnel to private 
 security contractors at United States missions where the Armed Forces 
                   are engaged in combat operations.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing Oversight and Security at 
United States Missions Act of 2010''.

SEC. 2. INCREASED OVERSIGHT OF PRIVATE SECURITY CONTRACTORS AT UNITED 
              STATES MISSIONS IN AREAS OF COMBAT OPERATIONS.

    (a) Plan.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        collaboration with the Secretary of Defense, shall submit to 
        Congress a plan to increase the oversight of private security 
        contractors by United States Government security personnel at 
        United States missions where the United States Armed Forces are 
        engaged in combat operations to ensure that security functions 
        are appropriately performed.
            (2) Content.--
                    (A) Objectives.--The plan required under paragraph 
                (1) shall--
                            (i) determine an appropriate ratio of 
                        United States Government security personnel to 
                        private security contractors at United States 
                        missions where the United States Armed Forces 
                        are engaged in combat operations in a manner 
                        sufficient to--
                                    (I) provide comprehensive oversight 
                                of the activities and performance of 
                                private security contractors at such 
                                missions; and
                                    (II) ensure that all such missions 
                                are safe and secure at all times; and
                            (ii) establish applicable practices to 
                        ensure that an adequate number of United States 
                        Government security personnel are trained for, 
                        assigned to, and responsible for overseeing 
                        private security contractor personnel.
                    (B) Improved oversight requirement.--The ratio 
                determined under subparagraph (A)(i) shall increase the 
                oversight of private security contractors by United 
                States Government security personnel at United States 
                missions where the United States Armed Forces are 
                engaged in combat operations by--
                            (i) increasing the number of United States 
                        Government security personnel responsible for 
                        oversight of private security contractors; or
                            (ii) decreasing the number of private 
                        security contractors performing security 
                        functions at such missions.
            (3) Implementation.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of State shall 
        implement the plan required under paragraph (1).
    (b) Periodic Review of Performance Functions.--
            (1) In general.--The Secretary of State shall, in 
        coordination with the heads of other appropriate agencies, 
        periodically review the performance of private security 
        functions at United States missions where the United States 
        Armed Forces are engaged in combat operations to ensure that 
        such functions are authorized and performed in a manner 
        consistent with the requirements of this section.
            (2) Annual reports.--Not later than June 1 of each of 2011, 
        2012, 2013, 2014, and 2015, the Secretary shall submit to 
        Congress a report on the results of the most recent performance 
        review of private security functions at United States missions 
        conducted under paragraph (1). Each such report shall include 
        the following:
                    (A) The number and type of United States Government 
                security personnel assigned at each such mission.
                    (B) The number and type of private security 
                contractor employees assigned at each such mission.
                    (C) The ratio of United States Government security 
                personnel to private security contractor employees at 
                each such mission.
                    (D) The justification for the determination by the 
                Secretary of State, in coordination with the Secretary 
                of Defense, of the ratio of private security 
                contractors to United States Government security 
                personnel at each such mission.
                    (E) The justification for the determination by the 
                Secretary of State, in coordination with the Secretary 
                of Defense, for any increase or decrease in the number 
                of United States Government security personnel or 
                private security contractors at each such mission.
                    (F) The name of each private security contractor, a 
                description of the specific activities being carried 
                out by such contractor, and the total value of all 
                payments by the Department of State to each contractor 
                for such activities at each such mission.
                    (G) An analysis of and justification for the 
                determination that each specific activity listed in 
                accordance with subparagraph (F) does not constitute an 
                inherently governmental function.
                    (H) A description of the training provided to 
                United States Government security personnel performing 
                oversight and management of private security 
                contractors for each such United States mission.
                    (I) A description of the responsibilities for 
                United States Government security personnel at such 
                missions charged with oversight and management 
                responsibilities of private security contractors, and 
                the justification for any determination of the need to 
                provide such United States Government security 
                personnel with other responsibilities in addition to 
                oversight.
                    (J) A certification whether the regulations 
                prescribed pursuant to section 862 of the National 
                Defense Authorization Act for Fiscal Year 2008 (Public 
                Law 110-181; 10 U.S.C. 2302 note) with respect to 
                private security contractors at such missions have been 
                complied with.
    (c) United States Government Security Personnel Defined.--The term 
``United States Government security personnel'' means any employees of 
the United States Government, including civilian employees and members 
of the United States Armed Forces, who are engaged in security or 
security oversight and management functions at United States missions.
    (d) Rule of Construction.--Nothing in this section shall be 
construed as authorizing the continued performance of any functions 
currently performed by private security contractors or to authorize the 
use of private security contractors for any inherently governmental 
function.
                                 <all>
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