I 

112TH CONGRESS 

1ST SESSION H. R. 2665 

To phase out the use of private military contractors. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2011 

Ms. SCHAKOWSKY (for herself, Ms. WOOLSEY, Mr. HINCHEY, Ms. LEE of 

California, Ms. HIRONO, Mr. CONYERS, Mr. FILNER, Ms. MOORE, Ms. 

ESHOO, Ms. KAPTUR, Mr. POLIS, Mr. STARK, Mr. GUTIERREZ, and Mr. 

MCGOVERN) 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: 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 2665 IH

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) As of March 2011, the Department of De7 fense had approximately 155,000 contract employees 

8 operating in Iraq and Afghanistan, as compared to 

9 145,000 members of the United States Armed 

10 Forces operating in these two theaters of war. 

11 (3) As of March 2011, the Department of De12 fense had deployed 9,207 armed private security 

13 contractors in Iraq and 18,971 in Afghanistan, a 

14 change from 10,743 and 4,111, respectively, in 

15 March 2009. 

16 (4) As of April 1, 2011, the Department of 

17 State had over 2,500 security contractors in Iraq 

18 and 1,272 in Afghanistan, under the Worldwide Per19 sonal Protective Services (WPPS) contract. 

20 (5) In September 2009, photos were published 

21 showing employees of ArmorGroup North America 

22 (AGNA), hired by the Department of State to pro23 vide security at the United States Embassy in 

24 Kabul, engaging in lewd sexual hazing and harass25 ment. 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 2665 IH

1 (6) Before the September 2009 incident, the 

2 Department of State had issued multiple deficiency 

3 notices, a cure notice, and a show-cause notice ex4 pressing grave concerns about the company’s per5 formance on the contract; one State Department of6 ficial even wrote that the company’s deficiencies ‘‘en7 danger performance of the contract to such a degree 

8 that the security of the U.S. Embassy in Kabul is 

9 in jeopardy’’. 

10 (7) On July 7, 2011, the Department of Justice 

11 announced that Armor Group North America paid a 

12 $7.5 million settlement to resolve charges that the 

13 company submitted false claims for payment on a 

14 State Department contract; the settlement resolves 

15 claims that AGNA guards violated the Trafficking 

16 Victims Protection Act by visiting brothels in Kabul 

17 with the knowledge of AGNA’s management, as well 

18 as allegations that AGNA misrepresented the prior 

19 work experience of 38 third country nationals hired 

20 to guard the embassy. 

21 (8) A 2010 Senate Armed Services Committee 

22 investigation found that EOD Technology, the com23 pany hired to take over protection of the Kabul Em24 bassy from AGNA, was suspected of hiring local 

25 warlords with possible Taliban ties, and in March 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 2665 IH

1 2011 the EODT contract was terminated for de2 fault. 

3 (9) In May 2009, four men employed as mili4 tary trainers for Paravant LLC, a Blackwater affil5 iate, fired on a civilian vehicle in Kabul, killing one 

6 Afghan and wounding two others; two of the guards 

7 were convicted of involuntary manslaughter in 

8 March 2011. 

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

10 by the company then known as Blackwater USA 

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

12 Iraqis and wounding at least 20 others. 

13 (11) In August 2010, XE Services, LLC, the 

14 company formerly known as Blackwater, entered 

15 into a civil settlement with the State Department, 

16 under which the company agreed to pay a penalty of 

17 $42 million for 288 alleged violations of the Arms 

18 Export Control Act (AECA) and the International 

19 Traffic in Arms Regulations (ITAR). 

20 (12) In July 2010, The Washington Post 

21 quoted Secretary of Defense Robert Gates as saying 

22 ‘‘This is a terrible confession . . . I can’t get a 

23 number on how many contractors work for the Of24 fice of the Secretary of Defense.’’. 


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 2665 IH

1 (13) On October 18, 2007, Secretary Gates 

2 stated that the work of many contractors in Iraq is 

3 ‘‘at cross-purposes to our larger mission in Iraq,’’ 

4 and that ‘‘right now those missions are in conflict’’. 

5 (14) In 2007, the Committee on Oversight and 

6 Government Reform of the House of Representatives 

7 investigated Blackwater’s employment practices and 

8 found that the company’s classification of its secu9 rity guards may have allowed the firm to avoid pay10 ing Social Security, Medicare, and Federal income 

11 and employment taxes. 

12 (15) On Christmas Eve 2006, Blackwater con13 tractor Andrew Moonen, while drunk, shot and killed 

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

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

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

17 was promptly hired by Combat Support Associates, 

18 another Department of Defense contractor, and sent 

19 to work in Kuwait. 

20 (16) In the wake of the 2004 killing of four 

21 Blackwater contractors in Fallujah, the families of 

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

23 alleging that Blackwater failed to properly equip and 

24 man its armored vehicles; after nearly seven years in 


jbell on DSKDVH8Z91PROD with BILLS
6 

•HR 2665 IH

1 court, the case was thrown out when the families 

2 could reportedly no longer pay the court costs. 

3 (17) XE Services, LLC, the company formerly 

4 known as Blackwater, has also faced allegations of 

5 weapons smuggling and improperly licensing fire6 arms; in April 2010, five former Blackwater employ7 ees, including former president Gary Jackson, were 

8 indicted on charges including conspiring to violate 

9 Federal firearm laws, possession of unregistered fire10 arms, and obstruction of justice. 

11 (18) In response to a request from the Com12 mittee on Oversight and Government Reform of the 

13 House of Representatives, the Inspector General of 

14 the Small Business Administration investigated 

15 Blackwater in 2008 and found that the company 

16 may have misrepresented its small business status, 

17 enabling it to qualify for $110,000,000 in govern18 ment contracts set aside specifically for small busi19 nesses. 

20 (19) Signed affidavits were filed in a civil law21 suit against Blackwater that company founder Erik 

22 Prince views himself ‘‘as a Christian crusader tasked 

23 with eliminating Muslims and the Islamic faith from 

24 the globe’’, that he knowingly deployed ‘‘demon25 strably unfit men’’ to Iraq, and that he used illegal 


jbell on DSKDVH8Z91PROD with BILLS
7 

•HR 2665 IH

1 ammunition, including a bullet designed to explode 

2 after entering the human body, among other 

3 charges. 

4 (20) In November 2007, a contractor employed 

5 by DynCorp International, LLC, reportedly shot and 

6 killed an unarmed taxi driver who, according to wit7 nesses, posed no threat to the DynCorp convoy. 

8 (21) A January 2007 report by the Special In9 spector General for Iraq Reconstruction stated that 

10 DynCorp billed the United States for millions of dol11 lars of work that was never authorized. 

12 (22) In October 2007, an audit report issued by 

13 the Special Inspector General for Iraq Reconstruc14 tion stated that the Department of State ‘‘does not 

15 know specifically what it received for most of the 

16 $1,200,000,000 in expenditures under its DynCorp 

17 Contract for the Iraqi Police Training Program’’. 

18 (23) Congress does not have complete access to 

19 information about all security contracts, the number 

20 of armed private security contractors working in 

21 Iraq, Afghanistan, and other combat zones, the 

22 number of contractors who have died, and any dis23 ciplinary actions taken against contract personnel or 

24 companies. 


jbell on DSKDVH8Z91PROD with BILLS
8 

•HR 2665 IH

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) MISSION CRITICAL OR EMERGENCY ESSEN4 TIAL FUNCTIONS.—The term ‘‘mission critical or 

5 emergency essential functions’’— 

6 (A) means— 

7 (i) activities for which continued per8 formance is considered essential to support 

9 combat systems and operational activities; 

10 or 

11 (ii) activities whose delay, absence, or 

12 failure of performance would significantly 

13 affect the broader success or failure of a 

14 military operation; and 

15 (B) includes— 

16 (i) the provision of protective services, 

17 including diplomatic security services; 

18 (ii) the provision of security advice 

19 and planning; 

20 (iii) military and police training; 

21 (iv) prison administration; 

22 (v) interrogation; and 

23 (vi) intelligence. 

24 (2) CONTINGENCY OPERATION.—The term 

25 ‘‘contingency operation’’ has the meaning provided 


jbell on DSKDVH8Z91PROD with BILLS
9 

•HR 2665 IH

1 by section 101(a)(13) of title 10, United States 

2 Code. 

3 (3) OTHER SIGNIFICANT MILITARY OPER4 ATIONS.—The term ‘‘other significant military oper5 ations’’ means activities, other than combat oper6 ations, that are carried out by United States Armed 

7 Forces in an uncontrolled or unpredictable high8 threat environment where personnel performing se9 curity functions may be called upon to use deadly 

10 force. 

11 (4) SPECIFIED CONGRESSIONAL COMMIT12 TEES.—The term ‘‘specified congressional commit13 tees’’ means the following committees: 

14 (A) The Committee on Armed Services, the 

15 Committee on Oversight and Government Re16 form, the Committee on Appropriations, the 

17 Committee on Foreign Affairs, and the Perma18 nent Select Committee on Intelligence of the 

19 House of Representatives. 

20 (B) The Committee on Armed Services, 

21 the Committee on Homeland Security and Gov22 ernmental Affairs, the Committee on Appro23 priations, the Committee on Foreign Relations, 

24 and the Select Committee on Intelligence of the 

25 Senate. 


jbell on DSKDVH8Z91PROD with BILLS
10 

•HR 2665 IH

1 SEC. 4. REQUIREMENT FOR GOVERNMENT PERSONNEL TO 

2 PERFORM DIPLOMATIC SECURITY IN AREAS 

3 OF CONTINGENCY OPERATIONS AND OTHER 

4 SIGNIFICANT MILITARY OPERATIONS. 

5 Not later than 180 days after the date of the enact6 ment of this Act, the Secretary of State shall ensure that 

7 all personnel working on behalf of the United States at 

8 any United States diplomatic or consular mission in areas 

9 of contingency operations and other significant military 

10 operations are provided diplomatic security services only 

11 by United States Government personnel. 

12 SEC. 5. REQUIREMENTS RELATING TO CONTRACTORS PER13 FORMING MISSION CRITICAL OR EMERGENCY 

14 ESSENTIAL FUNCTIONS IN ALL AREAS OF 

15 CONTINGENCY OPERATIONS AND OTHER SIG16 NIFICANT MILITARY OPERATIONS. 

17 (a) REPORT BY PRESIDENT.— 

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

19 2012, the President shall submit to the specified 

20 congressional committees a report on the status of 

21 planning for the transition away from the use of pri22 vate contractors for mission critical or emergency es23 sential functions by January 1, 2013, in all areas of 

24 contingency operations and other significant military 

25 operations. 


jbell on DSKDVH8Z91PROD with BILLS
11 

•HR 2665 IH

1 (2) ADDITIONAL MATTERS COVERED.—If the 

2 report submitted under paragraph (1) states that 

3 the relevant agencies will not be able to transition to 

4 government and military personnel for such func5 tions by January 1, 2013, the President shall in6 clude in the report the following: 

7 (A) A statement of the reasons why the 

8 relevant agencies are unable to do so, the date 

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

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

11 by that date. 

12 (B) A certification that— 

13 (i) all contract employees have under14 gone background checks to ensure that 

15 they do not have criminal records and have 

16 not been accused of human rights abuses; 

17 (ii) no contract employees are subject 

18 to pending criminal charges; 

19 (iii) all contract employees are under 

20 the jurisdiction of section 3261 of title 18, 

21 United States Code (relating to military 

22 extraterritorial jurisdiction); 

23 (iv) contract employees, if accused of 

24 crimes by the host country, must remain in 

25 United States custody; and 


jbell on DSKDVH8Z91PROD with BILLS
12 

•HR 2665 IH

1 (v) contracts include whistleblower 

2 protections for employees to provide good 

3 faith information to management, govern4 ment agencies, and Congress of any con5 tract violations, human rights abuses, or 

6 criminal actions. 

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

8 this subsection shall be submitted in unclassified 

9 form, to the maximum extent possible, but may con10 tain a classified annex, if necessary. 

11 (b) EXAMINATION OF CONTRACTOR ACCOUNTING

12 PRACTICES.—Any individual or entity under contract with 

13 the Federal Government to provide mission critical or 

14 emergency essential functions after January 1, 2013, shall 

15 allow the specified congressional committees to examine 

16 their accounting practices with respect to any such con17 tract quarterly and upon request. 

18 (c) REQUIREMENTS RELATING TO CONTRACT RE19 NEWALS.—Any contract with the Federal Government re20 quiring personnel to perform mission critical or emergency 

21 essential functions that is proposed to be renewed after 

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

23 if— 

24 (1) the President reports to the specified con25 gressional committees that the relevant agency does 


jbell on DSKDVH8Z91PROD with BILLS
13 

•HR 2665 IH

1 not have adequate personnel to perform the duties 

2 stipulated in the contract; and 

3 (2) the President certifies that— 

4 (A) all contract employees have undergone 

5 background checks to ensure that they do not 

6 have criminal records and have not been ac7 cused of human rights abuses; 

8 (B) no contract employees are subject to 

9 pending criminal charges; 

10 (C) all contract employees are under the 

11 jurisdiction of section 3261 of title 18, United 

12 States Code (relating to military extraterritorial 

13 jurisdiction); 

14 (D) contract employees, if accused of 

15 crimes by the host country, must remain in the 

16 custody of the United States; and 

17 (E) the contract includes whistleblower 

18 protections for employees to provide good faith 

19 information to management, government agen20 cies, and Congress of any contract violations, 

21 human rights abuses, or criminal actions. 

22 SEC. 6. CONGRESSIONAL ACCESS TO CONTRACTS. 

23 (a) REQUIREMENT TO ALLOW CONGRESS ACCESS TO

24 COPIES AND DESCRIPTIONS OF CERTAIN CONTRACTS AND

25 TASK ORDERS.— 


jbell on DSKDVH8Z91PROD with BILLS
14 

•HR 2665 IH

1 (1) REQUIREMENT REGARDING CONTRACTS

2 AND TASK ORDERS BEFORE ENACTMENT.—The Sec3 retary of Defense, the Secretary of State, the Sec4 retary of the Interior, and the Administrator of the 

5 United States Agency for International Development 

6 shall allow the chairman and the ranking minority 

7 member of each specified congressional committee 

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

9 performed or to be performed under, each contract, 

10 and each task order issued under an existing con11 tract, in an amount greater than $5,000,000 entered 

12 into by the Department of Defense, the Department 

13 of State, the Department of the Interior, and the 

14 Agency for International Development, respectively, 

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

16 ending on the last day of the month during which 

17 this Act is enacted for work to be performed in 

18 areas of contingency operations and other significant 

19 military operations. 

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

21 descriptions required by paragraph (1) shall be sub22 mitted in unclassified form, to the maximum extent 

23 possible, but may contain a classified annex, if nec24 essary. 


jbell on DSKDVH8Z91PROD with BILLS
15 

•HR 2665 IH

1 (b) REPORTS ON CONTRACTS FOR WORK TO BE

2 PERFORMED IN AREAS OF CONTINGENCY OPERATIONS

3 AND OTHER SIGNIFICANT MILITARY OPERATIONS.—The 

4 Secretary of Defense, the Secretary of State, the Secretary 

5 of the Interior, and the Administrator of the United States 

6 Agency for International Development shall each submit 

7 to each specified congressional committee a report not 

8 later than 60 days after the date of the enactment of this 

9 Act that contains the following information: 

10 (1) The number of persons performing work in 

11 areas of contingency operations and other significant 

12 military operations 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 

24 United States Government, or the government of 

25 any country in which the area of contingency operVerDate Mar 15 2010 03:06 Jul 28, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2665.IH H2665

jbell on DSKDVH8Z91PROD with BILLS
16 

•HR 2665 IH

1 ations or other significant military operations is lo2 cated. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS