I 
110TH CONGRESS 
1ST SESSION 
H. R. 369 
To require accountability for personnel performing private security functions 
under Federal contracts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 10, 2007 
Mr. PRICE of North Carolina (for himself, Mr. SPRATT, Mr. WAXMAN, Ms. 
SCHAKOWSKY, Mr. SHAYS, Mr. CONYERS, Mr. SNYDER, Mr. COOPER, Mr. 
WEXLER, Mr. BURTON of Indiana, Mr. BLUMENAUER, Ms. MCCOLLUM 
of Minnesota, Mr. ETHERIDGE, Mr. MILLER of North Carolina, Mr. 
FARR, Mr. VAN HOLLEN, Mr. DEFAZIO, Mr. HONDA, Ms. JACKSON-LEE 
of Texas, and Mr. HOLT) introduced the following bill; which was re-
ferred to the Committee on Armed Services, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To require accountability for personnel performing private 
security functions under Federal contracts, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Transparency and Accountability in Security Contracting 
Act of 2007’’. 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Requirements related to personnel performing private security functions 
under Federal contracts during contingency operations. 
Sec. 3. Requirements for improving coordination between the United States 
Armed Forces and contractors performing private security 
functions in contingency operations. 
Sec. 4. Legal status of contract personnel. 
Sec. 5. Federal Bureau of Investigation investigative unit for contingency oper-
ations. 
Sec. 6. Government Accountability Office analysis of cost effectiveness of pri-
vate security contracting. 
Sec. 7. Definitions. 
Sec. 8. Effective date. 
SEC. 2. REQUIREMENTS RELATED TO PERSONNEL PER-
FORMING PRIVATE SECURITY FUNCTIONS 
UNDER FEDERAL CONTRACTS DURING CON-
TINGENCY OPERATIONS. 
(a) ACCOUNTABILITY
REQUIREMENTS
FOR
PER-
SONNEL PERFORMING PRIVATE SECURITY FUNCTIONS 
UNDER FEDERAL CONTRACTS OR SUBCONTRACTS DUR-
ING CONTINGENCY OPERATIONS.— 
(1) REQUIREMENT
TO
PROVIDE
CERTAIN
IN-
FORMATION ABOUT PERSONNEL PERFORMING PRI-
VATE SECURITY FUNCTIONS.—Each covered contract 
shall require the contractor to provide to the con-
tracting officer for the contract, not later than 5 
days after award of the contract, the following infor-
mation regarding private security functions to be 
performed under the contract: 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
(A) The approximate number of persons to 
be used to perform the private security func-
tions. 
(B) A description of the process used to 
hire such persons, including the method by 
which and the extent to which background 
checks regarding such persons are conducted. 
(C) A description of how such persons are 
trained to carry out tasks specified under the 
contract relating to such functions. 
(D) A description of each category of activ-
ity relating to such functions required by the 
contract. 
(2) UPDATES OF INFORMATION.—The informa-
tion provided under paragraph (1) shall be updated 
by the contractor during contract performance as 
necessary. 
(3) SAFEGUARDING INFORMATION.—The head 
of each agency awarding a covered contract shall 
take such actions as are necessary to protect any in-
formation provided under paragraph (1) that is a 
trade secret, or commercial or financial information, 
from disclosure to persons outside the Government. 
(4) ACCOUNTING.—Each covered contract shall 
include the following requirements: 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
(A) Upon award of the contract, the con-
tractor shall provide cost estimates of salary, 
benefits, insurance, materials, logistics, travel, 
administrative costs, and other costs of carrying 
out private security functions under the con-
tract. 
(B) Before contract closeout (other than 
closeout of a firm, fixed price contract), the 
contractor shall provide a report on the actual 
costs of carrying out private security functions 
under the contract, in the same categories as 
provided under subparagraph (A). 
(5) OVERSIGHT.—Before a covered contract is 
awarded, the head of the agency awarding the con-
tract shall ensure that sufficient resources are avail-
able to enable contracting officers of the agency to 
perform oversight of the performance of the con-
tract, including oversight inspections of facilities and 
operations. 
(6) WAIVER AUTHORITY.— 
(A) WAIVER.—The head of the agency 
awarding a covered contract may waive a re-
quirement of this section with respect to a con-
tract in an emergency or exceptional situation, 
as determined by the head of the agency. Any 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
such waiver shall be limited to the requirements 
that are impossible or impracticable to imple-
ment because of the emergency or exceptional 
situation. 
(B) REPORT.—In any case in which the 
head of an agency waives a requirement under 
this section with respect to a contract, the 
agency head shall prepare a report that— 
(i) describes the contract, the waiver, 
and the emergency or exceptional situation 
that justified the waiver; and 
(ii) contains a plan for bringing the 
contract into compliance with the waived 
requirements as soon as possible or an ex-
planation of why the waiver needs to be 
permanent. 
(C) SUBMISSION OF REPORT.—The report 
required by subparagraph (B) shall be sub-
mitted, within 30 days after the date of the 
waiver, to— 
(i) the Committees on Appropriations, 
Armed Services, Oversight and Govern-
ment Reform, and Foreign Affairs of the 
House of Representatives; and 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
(ii) the Committees on Appropria-
tions, Armed Services, Homeland Security 
and Governmental Affairs, and Foreign 
Relations of the Senate. 
(c) REPORT REQUIRED.— 
(1) IN GENERAL.—During a contingency oper-
ation, the head of each agency with any covered con-
tracts in effect shall submit to Congress reports on 
the contracts in accordance with this subsection. 
(2) MATTERS COVERED.—The report required 
by paragraph (1) shall include the following informa-
tion: 
(A) Total number of covered contracts 
awarded by the agency with respect to the con-
tingency operation. 
(B) The total number of contracting offi-
cers overseeing the covered contracts reported 
in subparagraph (A). 
(C) Number of covered contracts awarded 
since the last report. 
(D) Total number of contract personnel 
working on the covered contracts reported in 
subparagraph (C). 
(E) Total amount of awards for covered 
contracts reported in subparagraph (C). 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
(F) Catalogue of activities performed 
under covered contracts reported in subpara-
graph (C). 
(3) DEADLINES.—The head of an agency shall 
submit an initial report as required by paragraph 
(1) within 90 days after first awarding a covered 
contract, and shall issue additional reports every 90 
days. 
(4) COMMITTEES.—The report required by 
paragraph (1) shall be submitted to the Committees 
on Appropriations and Armed Services of the House 
of Representatives and the Senate. 
(5) FORMAT.—The report required by para-
graph (1) shall be submitted in unclassified format, 
but may include a classified annex as necessary. 
SEC. 3. REQUIREMENTS FOR IMPROVING COORDINATION 
BETWEEN 
THE 
UNITED 
STATES 
ARMED 
FORCES AND CONTRACTORS PERFORMING 
PRIVATE SECURITY FUNCTIONS IN CONTIN-
GENCY OPERATIONS. 
(a) RULES OF ENGAGEMENT.— 
(1) REQUIREMENT TO ISSUE.—Not later than 
15 days after the date when a contingency operation 
is initiated, the Chairman of the Joint Chiefs of 
Staff shall issue rules of engagement regarding the 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
circumstances under which force may be used by 
contract personnel performing private security func-
tions within the area covered by the contingency op-
eration and the types of force authorized. Each cov-
ered contract shall require contract personnel to ad-
here to the rules of engagement issued under this 
subsection. 
(2) NOTIFICATION.—The commander of the 
combatant command whose area of responsibility in-
cludes the contingency operation shall communicate 
the rules of engagement to contract personnel in ac-
cordance with subsection (c). 
(3) EXCEPTIONS AND SPECIAL RULES.—As ap-
propriate, the Chairman of the Joint Chiefs of Staff 
may provide exceptions or special rules in the rules 
of engagement for specific contractors. 
(b) HIRING, TRAINING, AND EQUIPMENT STAND-
ARDS RELATING TO PRIVATE SECURITY CONTRACTORS.— 
(1) REGULATIONS.—Not later than 30 days 
after the initiation of a contingency operation, the 
head of each agency awarding a covered contract 
shall prescribe in regulations minimum standards 
(appropriate for the agency) for contract personnel, 
including minimum training and certification stand-
ards. The standards may vary based on the duties 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
of personnel, but must address criminal records, se-
curity clearance requirements, and other issues that 
the head of the agency determines may lead to secu-
rity or performance concerns. 
(2) GUIDANCE FOR EQUIPMENT.—The head of 
each agency awarding a covered contract shall issue 
guidance (appropriate for the agency) on equipment 
used for private security functions under covered 
contracts with the agency, including appropriate uni-
forms and levels of body armor and equipment 
armor, and a recommended list of re-armorers and 
weapons and armor manufacturers for complying 
with such guidelines. 
(3) CONSULTATION WITH SECRETARY OF DE-
FENSE.—The head of each agency shall consult with 
the Secretary of Defense in developing regulations 
and guidance under this subsection. 
(c) IMPROVED COORDINATION AND COMMUNICATION 
BETWEEN U.S. ARMED FORCES AND CONTRACTORS PER-
FORMING PRIVATE SECURITY FUNCTIONS.— 
(1) ESTABLISHMENT OF A THEATER SECURITY 
CONTRACT COORDINATING OFFICER.—For each con-
tingency operation in which contract personnel are 
active, the Chairman of the Joint Chiefs of Staff 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
shall designate a Theater Security Contract Coordi-
nating Officer. 
(2) RESPONSIBILITIES OF THEATER SECURITY 
CONTRACT COORDINATING OFFICER.—The Theater 
Security Contract Coordinating Officer shall— 
(A) establish regulations providing for reli-
able lines of communications between contract 
personnel and U.S. Armed Forces; 
(B) maintain a current database of the 
number of contract personnel and the nature of 
their activities; 
(C) communicate the rules of engagement, 
established under subsection (a), to contractors 
and contract personnel; 
(D) communicate other critical informa-
tion, including guidance on Department of De-
fense responsibilities for force protection of con-
tract personnel and guidance on equipment, to 
contractors and contract personnel; and 
(E) as appropriate, communicate up-to- 
date information about the security environ-
ment that may be relevant to contract per-
sonnel. 
(3) REQUIREMENTS FOR CONTRACTORS RELAT-
ING TO THE THEATER SECURITY CONTRACT COORDI-
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
NATING
OFFICER.—Contractors shall be required 
to— 
(A) register with the designated Theater 
Security Contract Coordinating Officer for the 
theater in which the covered contract is per-
formed, and to report to the Officer the number 
of personnel assigned to perform the covered 
contract; 
(B) report any incidents in which contract 
personnel use force or are attacked by hostile 
forces; 
(C) report to the Theater Security Con-
tract Coordinating Officer any casualties suf-
fered by covered contract personnel; 
(D) communicate to the Theater Security 
Contract Coordinating Officer, in accordance 
with the regulations issued under paragraph 
(2)(A), tactical information, such as informa-
tion on the movement of contractor personnel 
into and out of a battle space; and 
(E) communicate to the Theater Security 
Contract Coordinating Officer relevant informa-
tion, including intelligence, reports of hostile ac-
tivity, or information relevant to military plan-
ning. 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
SEC. 4. LEGAL STATUS OF CONTRACT PERSONNEL. 
(a) 
CLARIFICATION
OF
THE
MILITARY 
EXTRATERRITORIAL JURISDICTION ACT.— 
(1) INCLUSION OF CONTRACTORS.—Subsection 
(a) of section 3261 of title 18, United States Code, 
is amended— 
(A) by striking ‘‘or’’ at the end of para-
graph (1); 
(B) by striking the comma at the end of 
paragraph (2) and inserting ‘‘; or’’; and 
(C) by inserting after paragraph (2) the 
following: 
‘‘(3) while employed under a contract (or sub-
contract at any tier) awarded by any department or 
agency of the United States Government, where the 
work under such contract is carried out in a region 
outside the United States in which the Armed 
Forces are conducting a contingency operation.’’. 
(2) DEFINITION.—Section 3267 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘(5) The term ‘contingency operation’ has the 
meaning given that term in section 101(a)(13) of 
title 10.’’. 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
(b) SENSE OF CONGRESS REGARDING INVESTIGA-
TION AND PROSECUTION OF ABUSES BY PRIVATE SECU-
RITY CONTRACTORS.—It is the sense of Congress that— 
(1) if there is probable cause to believe that an 
individual assigned to perform work under a covered 
contract has violated section 3261(a) of title 18, ex-
cept in situations in which the individual is pros-
ecuted under the Uniform Code of Military Justice 
or under other law, the Department of Defense 
should use the authority provided in section 3262 of 
title 18, United States Code, to arrest and detain 
that individual and transfer that individual to civil-
ian authorities for prosecution; and 
(2) the Secretary of Defense should issue guid-
ance, as soon as possible after the date of the enact-
ment of this Act, on how the amendment made by 
section 552 of the John Warner National Defense 
Authorization Act of 2007 (Public Law 109–364; 
120 Stat. 2217) to section 802(a)(10) of title 10, 
United States Code (article 2(a)(10) of the Uniform 
Code of Military Justice), will be implemented. 
(c) DEPARTMENT OF JUSTICE INSPECTOR GENERAL 
REPORT.— 
(1) REPORT
REQUIRED.—Not later than 30 
days after the date of the enactment of this Act, the 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
Inspector General of the Department of Justice shall 
submit to Congress a report. 
(2) CONTENT OF REPORT.—The report shall in-
clude— 
(A) a description of the status of Depart-
ment of Justice investigations of abuses alleged 
to have been committed by contract personnel, 
which shall include— 
(i) the number of complaints received 
by the Department of Justice; 
(ii) the number of investigations into 
complaints opened by the Department of 
Justice; 
(iii) the number of criminal cases 
opened by the Department of Justice; and 
(iv) the number and result of criminal 
cases closed by the Department of Justice; 
and 
(B) findings and recommendations about 
the capacity and effectiveness of the Depart-
ment of Justice in prosecuting misconduct by 
contract personnel. 
(3) FORMAT OF REPORT.—The report shall be 
submitted in unclassified format, but may contain a 
classified annex as appropriate. 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
(1) RESOURCES.—The Federal Bureau of In-
vestigation shall ensure that each Theater Investiga-
tive Unit has adequate resources and personnel to 
carry out its responsibilities. 
(2) NOTIFICATION.—The Federal Bureau of In-
vestigation shall notify Congress whenever a Theater 
Investigative Unit is established or terminated in ac-
cordance with this section. 
(d) RESPONSIBILITIES OF OTHER FEDERAL AGEN-
CIES.—An agency operating in a theater of operations in 
which a Theater Investigative Unit is established shall co-
operate with and support the activities of the Theater In-
vestigative Unit. Any investigation carried out by the In-
spector General of an agency shall be coordinated with the 
activities of the unit as appropriate. 
SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE ANALYSIS 
OF COST EFFECTIVENESS OF PRIVATE SECU-
RITY CONTRACTING. 
(a) STUDY REQUIRED.—The Comptroller General 
shall conduct a study of the total costs to the Federal Gov-
ernment related to procuring security services through pri-
vate security contractors, including costs relating to com-
pensation, administration (including insurance and health 
care), and equipment, in comparison to providing such se-
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
curity services using employees of the Federal Government 
and members of the Armed Forces. 
(b) SUBMISSION
OF RESULTS.—The Comptroller 
General shall submit to Congress a report detailing the 
findings of the study required by subsection (a) and such 
recommendations as the Comptroller General considers 
appropriate within 270 days after the date of the enact-
ment of this Act. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) COVERED CONTRACT.—The term ‘‘covered 
contract’’ means— 
(A) a prime contract awarded by an agen-
cy, if the work to be performed under the con-
tract includes private security functions; 
(B) a subcontract at any tier under any 
prime contract awarded by an agency, if the 
work to be performed under the subcontract in-
cludes private security functions; or 
(C) a task order issued under a task or de-
livery order contract entered into by an agency, 
if the work to be performed under the task 
order includes private security functions. 
(2) PRIVATE SECURITY FUNCTIONS.—The term 
‘‘private security functions’’, with respect to activi-
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
ties carried out under a covered contract in a the-
ater in which the United States is engaged in a con-
tingency operation, means— 
(A) any activities for which personnel are 
allowed to carry weapons in the performance of 
the contract; 
(B) the performance of— 
(i) military logistics and maintenance; 
(ii) interrogation of prisoners; 
(iii) convoy security; 
(iv) guarding vital facilities and per-
sonnel; 
(v) tactical security work; or 
(vi) local force training; or 
(C) any other activity in support of the 
contingency operation, as determined by the 
Theater Security Contract Coordinating Officer. 
(3) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term ‘‘Executive agency’’ in sec-
tion 105 of title 5, United States Code. 
(4) 
CONTINGENCY
OPERATION.—The 
term 
‘‘contingency operation’’ has the meaning given the 
term section 101(13) of title 10, United States 
Code. 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
(5) 
CONTRACTOR.—The 
term 
‘‘contractor’’ 
means an entity performing a covered contract. 
(6) CONTRACT PERSONNEL.—The term ‘‘con-
tract personnel’’ means persons assigned by a con-
tractor (including subcontractors at any tier) to per-
form work under a covered contract. 
SEC. 8. EFFECTIVE DATE. 
(a) APPLICABILITY.—The provisions of this Act shall 
apply to the following: 
(1) All covered contracts and all covered con-
tract personnel in which the work under the contract 
is carried out in a theater in which the United 
States is currently conducting contingency oper-
ations. 
(2) In the event that the United States begins 
new contingency operations, all covered contracts 
and all covered contract personnel in which the work 
under the contract is carried out in a theater in 
which the United States is conducting such contin-
gency operations. 
(b) IMMEDIATE EFFECTIVENESS.—The provisions of 
this Act shall enter into effect immediately upon the enact-
ment of this Act. 
(c) IMPLEMENTATION.—With respect to covered con-
tracts and covered contract personnel discussed in sub-
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS
section (a)(1), the United States Government shall have 
90 days following the enactment of this Act to ensure com-
pliance with the provisions of this Act. 
Æ 
VerDate Aug 31 2005 
01:22 Jan 15, 2007
Jkt 059196
PO 00000
Frm 00020
Fmt 6652
Sfmt 6301
E:\BILLS\H369.IH
H369
jcorcoran on PROD1PC62 with BILLS