I 
109TH CONGRESS 
1ST SESSION H. R. 2011 
To require accountability for personnel performing private security functions 
under Federal contracts. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2005 
Mr. PRICE of North Carolina (for himself, Mr. SPRATT, Mr. SNYDER, and Mr. 
CRAMER) introduced the following bill; which was referred to the Com-
mittee on International Relations, and in addition to the Committee on 
Armed Services, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To require accountability for personnel performing private 
security functions under Federal contracts. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Transparency and Ac-
countability in Security Contracting Act’’.
SEC. 2. REQUIREMENTS RELATING TO PERSONNEL PER-
FORMING PRIVATE SECURITY FUNCTIONS 
UNDER FEDERAL CONTRACTS. 
(a) ACCOUNTABILITY
REQUIREMENTS
FOR
PER-
SONNEL PERFORMING PRIVATE SECURITY FUNCTIONS 
UNDER FEDERAL CONTRACTS.— 
(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 per-
formed under the contract: 
(A) Number of persons to be used to per-
form such functions. 
(B) A description of how such persons are 
trained to carry out tasks specified under the 
contract relating to such functions. 
(C) 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 
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: 
(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) CASUALTY REPORTING.—Each covered con-
tract shall require full reporting to the contracting 
officer for the contract by the contractor of all per-
sonnel casualties in carrying out the contract.
(6) 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. 
(7) WAIVER AUTHORITY.— 
(A) The head of the agency awarding a 
covered contract may waive a requirement of 
this section with respect to a contract in an 
emergency or exceptional situation, as deter-
mined by the head of the agency. Any such 
waiver shall be limited to the requirements that 
are impossible or impracticable to implement 
because of the emergency or exceptional situa-
tion. In any case in which the head of an agen-
cy waives a requirement under this section with 
respect to a contract, the agency head shall 
submit to the congressional committees listed in 
subparagraph (B) a report, within 30 days 
after the date of the waiver, that describes the 
contract, the waiver, the emergency or excep-
tional situation that justified the waiver, and a 
plan for bringing the contract into compliance 
with the waived requirements as soon as pos-
sible or an explanation of why the waiver needs 
to be permanent. 
(B) The congressional committees referred 
to in subparagraph (A) are the following: 
(i) The Committees on Appropria-
tions, Armed Services, Government Re-
form, and International Relations of the 
House of Representatives. 
(ii) The Committees on Appropria-
tions, Armed Services, Homeland Security 
and Governmental Affairs, and Foreign 
Relations of the Senate. 
(b) HIRING, TRAINING, AND EQUIPMENT STAND-
ARDS RELATING TO PRIVATE SECURITY CONTRACTORS.— 
(1) REGULATIONS.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, the Secretary of State, and the 
Administrator of the United States Agency for 
International Development shall prescribe in regula-
tions minimum standards (appropriate for each de-
partment or agency) for the persons that covered 
contractors may hire for the performance of private 
security functions under the contract, and minimum 
standards for the training of such persons, including 
the level of training and any certifications required.
The standards may vary based on the duties of per-
sonnel, but must address past criminal activity, se-
curity clearance requirements, and other issues that 
either Secretary or the Administrator determines 
may lead to security or performance concerns. 
(2) GUIDANCE
FOR
EQUIPMENT.—The Sec-
retary of Defense, the Secretary of State, and the 
Administrator for the United States Agency for 
International Development shall issue guidance (ap-
propriate for each department or agency) on equip-
ment used for private security functions under cov-
ered contracts with the department or agency con-
cerned, including appropriate 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 Secretary of State and the Adminis-
trator of the United States Agency for International 
Development shall consult with the Secretary of De-
fense in developing regulations and guidance under 
this subsection. 
(c) REPORT
ON COST ANALYSIS RELATING
TO 
EQUIPMENT.—Not later than six months after the date 
of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of State and the Admin-
istrator of the United States Agency for International De-
velopment, shall submit to Congress a report containing— 
(1) an analysis of the costs to the Federal Gov-
ernment of purchasing equipment to supply to con-
tractors to carry out private security functions under 
covered contracts in comparison to the costs to the 
Federal Government of reimbursing contractors for 
equipment purchased by the contractors to carry out 
such functions; and 
(2) such findings and recommendations as the 
Secretary considers appropriate. 
(d) DEFINITIONS.—In this section: 
(1) COVERED CONTRACT.—The term ‘‘covered 
contract’’ means— 
(A) a prime contract with the Department 
of Defense, the Department of State, or the 
United States Agency for International Devel-
opment; 
(B) a subcontract at any tier under any 
prime contract with a department or agency re-
ferred to in subparagraph (A); or 
(C) a task order issued under a task or de-
livery order contract entered into by a depart-
ment or agency referred to in subparagraph 
(A); 
if the work to be performed under the contract, sub-
contract, or task order includes private security 
functions to be performed outside the United States. 
(2) PRIVATE SECURITY FUNCTIONS.—The term 
‘‘private security functions’’, with respect to a cov-
ered contract, means— 
(A) any activities for which personnel are 
allowed to carry weapons in the performance of 
the contract; or 
(B) the performance of any of the fol-
lowing: 
(i) Military logistics and maintenance. 
(ii) Interrogation of prisoners. 
(iii) Convoy security. 
(iv) Guarding vital facilities and per-
sonnel. 
(v) Tactical security work. 
(vi) Local force training. 
(e) EFFECTIVE DATE.—This section shall apply to 
covered contracts entered into on or after the date occur-
ring 60 days after the date of the enactment of this Act. 
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