II 

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. 

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 ‘‘Enhancing Oversight 

5 and Security at United States Missions Act of 2010’’. 


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1 SEC. 2. INCREASED OVERSIGHT OF PRIVATE SECURITY 

2 CONTRACTORS AT UNITED STATES MISSIONS 

3 IN AREAS OF COMBAT OPERATIONS. 

4 (a) PLAN.— 

5 (1) IN GENERAL.—Not later than 90 days after 

6 the date of the enactment of this Act, the Secretary 

7 of State, in collaboration with the Secretary of De8 fense, shall submit to Congress a plan to increase 

9 the oversight of private security contractors by 

10 United States Government security personnel at 

11 United States missions where the United States 

12 Armed Forces are engaged in combat operations to 

13 ensure that security functions are appropriately per14 formed. 

15 (2) CONTENT.— 

16 (A) OBJECTIVES.—The plan required 

17 under paragraph (1) shall— 

18 (i) determine an appropriate ratio of 

19 United States Government security per20 sonnel to private security contractors at 

21 United States missions where the United 

22 States Armed Forces are engaged in com23 bat operations in a manner sufficient to— 

24 (I) provide comprehensive over25 sight of the activities and performance 


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1 of private security contractors at such 

2 missions; and 

3 (II) ensure that all such missions 

4 are safe and secure at all times; and 

5 (ii) establish applicable practices to 

6 ensure that an adequate number of United 

7 States Government security personnel are 

8 trained for, assigned to, and responsible 

9 for overseeing private security contractor 

10 personnel. 

11 (B) IMPROVED OVERSIGHT REQUIRE12 MENT.—The ratio determined under subpara13 graph (A)(i) shall increase the oversight of pri14 vate security contractors by United States Gov15 ernment security personnel at United States 

16 missions where the United States Armed Forces 

17 are engaged in combat operations by— 

18 (i) increasing the number of United 

19 States Government security personnel re20 sponsible for oversight of private security 

21 contractors; or 

22 (ii) decreasing the number of private 

23 security contractors performing security 

24 functions at such missions. 


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1 (3) IMPLEMENTATION.—Not later than 180 

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

3 Secretary of State shall implement the plan required 

4 under paragraph (1). 

5 (b) PERIODIC REVIEW OF PERFORMANCE FUNC6 TIONS.— 

7 (1) IN GENERAL.—The Secretary of State shall, 

8 in coordination with the heads of other appropriate 

9 agencies, periodically review the performance of pri10 vate security functions at United States missions 

11 where the United States Armed Forces are engaged 

12 in combat operations to ensure that such functions 

13 are authorized and performed in a manner con14 sistent with the requirements of this section. 

15 (2) ANNUAL REPORTS.—Not later than June 1 

16 of each of 2011, 2012, 2013, 2014, and 2015, the 

17 Secretary shall submit to Congress a report on the 

18 results of the most recent performance review of pri19 vate security functions at United States missions 

20 conducted under paragraph (1). Each such report 

21 shall include the following: 

22 (A) The number and type of United States 

23 Government security personnel assigned at each 

24 such mission. 


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1 (B) The number and type of private secu2 rity contractor employees assigned at each such 

3 mission. 

4 (C) The ratio of United States Government 

5 security personnel to private security contractor 

6 employees at each such mission. 

7 (D) The justification for the determination 

8 by the Secretary of State, in coordination with 

9 the Secretary of Defense, of the ratio of private 

10 security contractors to United States Govern11 ment security personnel at each such mission. 

12 (E) The justification for the determination 

13 by the Secretary of State, in coordination with 

14 the Secretary of Defense, for any increase or 

15 decrease in the number of United States Gov16 ernment security personnel or private security 

17 contractors at each such mission. 

18 (F) The name of each private security con19 tractor, a description of the specific activities 

20 being carried out by such contractor, and the 

21 total value of all payments by the Department 

22 of State to each contractor for such activities at 

23 each such mission. 

24 (G) An analysis of and justification for the 

25 determination that each specific activity listed 


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1 in accordance with subparagraph (F) does not 

2 constitute an inherently governmental function. 

3 (H) A description of the training provided 

4 to United States Government security personnel 

5 performing oversight and management of pri6 vate security contractors for each such United 

7 States mission. 

8 (I) A description of the responsibilities for 

9 United States Government security personnel at 

10 such missions charged with oversight and man11 agement responsibilities of private security con12 tractors, and the justification for any deter13 mination of the need to provide such United 

14 States Government security personnel with 

15 other responsibilities in addition to oversight. 

16 (J) A certification whether the regulations 

17 prescribed pursuant to section 862 of the Na18 tional Defense Authorization Act for Fiscal 

19 Year 2008 (Public Law 110–181; 10 U.S.C. 

20 2302 note) with respect to private security con21 tractors at such missions have been complied 

22 with. 

23 (c) UNITED STATES GOVERNMENT SECURITY PER24 SONNEL DEFINED.—The term ‘‘United States Govern25 ment security personnel’’ means any employees of the 


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1 United States Government, including civilian employees 

2 and members of the United States Armed Forces, who are 

3 engaged in security or security oversight and management 

4 functions at United States missions. 

5 (d) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed as authorizing the continued per7 formance of any functions currently performed by private 

8 security contractors or to authorize the use of private se9 curity contractors for any inherently governmental func10 tion. 

Æ 


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