I 
111TH CONGRESS 
1ST SESSION 
H. R. 963 
To enhance transparency and accountability within the intelligence community 
for activities performed under Federal contracts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 10, 2009 
Mr. PRICE of North Carolina (for himself, Ms. SCHAKOWSKY, Mr. GRIJALVA, 
Mr. HINCHEY, Mr. MCGOVERN, Mr. MCDERMOTT, Ms. LEE of Cali-
fornia, and Mr. MILLER of North Carolina) introduced the following bill; 
which was referred to the Select Committee on Intelligence (Permanent 
Select), and in addition to the Committees on Armed Services and the 
Judiciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To enhance transparency and accountability within the intel-
ligence community for activities performed 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. 
This Act may be cited as the ‘‘Transparency and Ac-
countability in Intelligence Contracting Act of 2009’’. 
VerDate Nov 24 2008 
23:18 Feb 11, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H963.IH
H963
pwalker on PROD1PC71 with BILLS
SEC. 2. PROHIBITION ON THE USE OF PRIVATE CONTRAC-
TORS FOR ACTIVITIES INVOLVING PERSONS 
UNDER THE CUSTODY OR CONTROL OF THE 
UNITED STATES GOVERNMENT. 
(a) PROHIBITION.—Notwithstanding any other provi-
sion of law, a covered contract may not be awarded for 
the performance of any activity described in subsection 
(b). 
(b) ACTIVITIES.—Subsection (a) shall apply to any 
activity relating to the capture, custody, control, or other 
pertinent interaction with an individual who is a detainee 
or prisoner in the custody or under the effective control 
of the United States Government, including, with regard 
to such an individual— 
(1) arrest; 
(2) interrogation; 
(3) detention; or 
(4) transportation or transfer. 
(c) SPECIAL RULE RELATING TO LANGUAGE INTER-
PRETATION.—Subsection (b) shall not be construed to in-
clude the performance of work related to language inter-
pretation, so long as the work is strictly limited to lan-
guage interpretation and occurs under the direct super-
vision of United States Government personnel. 
VerDate Nov 24 2008 
23:18 Feb 11, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H963.IH
H963
pwalker on PROD1PC71 with BILLS
(d) DEADLINE
FOR COMPLIANCE.—The President 
shall have six months following the date of the enactment 
of this Act to ensure compliance with subsection (a). 
SEC. 3. ANNUAL SURVEY OF INTELLIGENCE COMMUNITY 
CONTRACTORS. 
(a) IN GENERAL.—Title V of the National Security 
Act of 1947 (50 U.S.C. 413 et seq.) is amended by insert-
ing after section 506A the following new section: 
‘‘SEC. 506B. ANNUAL CONTRACTOR PERSONNEL LEVEL AS-
SESSMENTS FOR THE INTELLIGENCE COM-
MUNITY. 
‘‘(a) REQUIREMENT TO PROVIDE.—The Director of 
National Intelligence shall, in consultation with the head 
of the element of the intelligence community concerned, 
prepare an annual assessment for such element of the in-
telligence community that assesses such element’s use of 
private contractors and private contractor personnel. 
‘‘(b) SCHEDULE.—Each assessment required by sub-
section (a) shall be submitted to the congressional intel-
ligence committees each year along with the budget sub-
mitted by the President under section 1105 of title 31, 
United States Code. 
‘‘(c) CONTENTS.—Each assessment required by sub-
section (a) submitted during a fiscal year shall contain, 
VerDate Nov 24 2008 
23:18 Feb 11, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H963.IH
H963
pwalker on PROD1PC71 with BILLS
at a minimum, the following information for the element 
of the intelligence community concerned: 
‘‘(1) The total number and costs of contractors 
funded by the element during the previous fiscal 
year. 
‘‘(2) The best estimate of the total number of 
personnel working on the contracts funded by the 
element during the previous fiscal year. 
‘‘(3) The best estimate of the number and costs 
of contractors to be funded by the element for the 
upcoming fiscal year. 
‘‘(4) The proposed numerical and percentage 
increase or decrease of such costs of contracts as 
compared to the best estimate of the costs of con-
tracts of the current fiscal year. 
‘‘(5) The proposed numerical and percentage 
increase or decrease of such costs of contracts as 
compared to the cost of contracts, and the number 
of contracts, during the prior 5 fiscal years. 
‘‘(6) A written description of the types of activi-
ties being performed by contractors. 
‘‘(7) A list of all contractors that have been the 
subject of an investigation completed by the Inspec-
tor General of any element of the intelligence com-
munity during the preceding fiscal year, or are or 
VerDate Nov 24 2008 
23:18 Feb 11, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H963.IH
H963
pwalker on PROD1PC71 with BILLS
have been the subject of an investigation by such an 
Inspector General during the current fiscal year, or 
are currently or have been during the previous fiscal 
year the subject of a United States or foreign crimi-
nal investigation in connection with activities per-
formed under a contract awarded by any element of 
the intelligence community, as well as any charges 
filed in connection with the investigation and the 
findings or disposition of the investigation. 
‘‘(8) A statement by the Director of National 
Intelligence that, based on current and projected 
funding, the element concerned will have sufficient— 
‘‘(A) training resources to support the an-
ticipated scope of contractor activity for the up-
coming fiscal year; and 
‘‘(B) resources and infrastructure to sup-
port the administration, management, and over-
sight of the anticipated scope of contractor ac-
tivity for the upcoming fiscal year.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section of that Act is amended by inserting 
after the item relating to section 506A the following new 
item: 
‘‘Sec. 506B. Annual contractor personnel level assessment for the intelligence 
community.’’. 
VerDate Nov 24 2008 
23:18 Feb 11, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6211
E:\BILLS\H963.IH
H963
pwalker on PROD1PC71 with BILLS
SEC. 4. TRANSPARENCY AND ACCOUNTABILITY IN INTEL-
LIGENCE CONTRACTING. 
(a) INFORMATION
ON ACTIVITIES TO BE PER-
FORMED.—Each covered contract shall require the con-
tractor to provide to the contracting officer for the con-
tract, not later than 5 days after award of the contract, 
the following information regarding activities performed 
under the contract: 
(1) The best estimate of the number of persons 
to be used to perform such activities. 
(2) A description of how such persons are 
trained to carry out tasks specified under the con-
tract relating to such activities. 
(3) 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. 
(4) A description of each category of activity re-
lating to such functions required by the contract. 
(5) The best estimate of the number of foreign 
nationals to be employed under the contract. 
(b) UPDATES.—The information provided under sub-
section (a) shall be updated during contract performance 
as necessary. 
(c) INFORMATION ON COSTS.—Each covered contract 
shall include the following requirements: 
VerDate Nov 24 2008 
23:18 Feb 11, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H963.IH
H963
pwalker on PROD1PC71 with BILLS
(1) Upon award of the contract, the contractor 
shall provide to the contracting officer cost estimates 
of salary, benefits, insurance, materials, logistics, ad-
ministrative costs, and other costs of carrying out 
activities under the contract. 
(2) Before contract closeout (other than close-
out of a firm, fixed price contract), the contractor 
shall provide to the contracting officer a report on 
the actual costs of carrying out activities under the 
contract, in the same categories as provided under 
paragraph (1). 
(d) INFORMATION TO BE PROVIDED TO CONGRESS 
UPON REQUEST.—The head of each element of the intel-
ligence community shall make available to Congress any 
information provided under this section upon request by 
a Member or committee of Congress. 
SEC. 5. REPORT ON THE USE OF PRIVATE CONTRACTORS 
FOR INTELLIGENCE ACTIVITIES. 
(a) REQUIREMENT FOR REPORT.—Not later than 
120 days following the date of the enactment of this Act, 
the Director of National Intelligence shall submit to Con-
gress a report describing the personal services activities 
performed by contractors across the intelligence commu-
nity, the impact of such contractors on the intelligence 
community workforce, plans for conversion of contractor 
VerDate Nov 24 2008 
23:18 Feb 11, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H963.IH
H963
pwalker on PROD1PC71 with BILLS
employment into Government employment, and the ac-
countability mechanisms that govern the performance of 
such contractors. 
(b) CONTENT.— 
(1) IN GENERAL.—The report submitted under 
subsection (a) shall include— 
(A) a description of any relevant regula-
tions or guidance issued by the Director of Na-
tional Intelligence or the head of an element of 
the intelligence community relating to minimum 
standards required regarding the hiring, train-
ing, security clearance, and assignment of con-
tract personnel and how those standards may 
differ from those for Government employees 
performing substantially similar functions; 
(B) an identification of contracts where the 
contractor is providing a substantially similar 
functions to a Government employee; 
(C) an assessment of costs incurred or sav-
ings achieved by awarding contracts for the per-
formance of such functions referred to in sub-
paragraph (B) instead of using full-time em-
ployees of the elements of the intelligence com-
munity to perform such functions; 
VerDate Nov 24 2008 
23:18 Feb 11, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H963.IH
H963
pwalker on PROD1PC71 with BILLS
(D) an assessment of the appropriateness 
of using contractors to perform the activities 
described in paragraph (2); 
(E) an estimate of the number of con-
tracts, and the number of personnel working 
under such contracts, related to the perform-
ance of activities described in paragraph (2); 
(F) a comparison of the compensation of 
contract employees and Government employees 
performing substantially similar functions; 
(G) an analysis of the attrition of Govern-
ment personnel associated with the reliance on 
contractor positions that provide substantially 
similar functions; 
(H) an analysis of accountability mecha-
nisms available to each element of the intel-
ligence community, including regulations and 
provisions included within services contracts; 
(I) an analysis of procedures in use in the 
intelligence community for conducting oversight 
of contractors to ensure identification and pros-
ecution of criminal violations, financial waste, 
fraud, or other abuses committed by contractors 
or contract personnel; and 
VerDate Nov 24 2008 
23:18 Feb 11, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H963.IH
H963
pwalker on PROD1PC71 with BILLS
(J) an identification of best practices of 
accountability mechanisms within services con-
tracts. 
(2) ACTIVITIES.—Activities described in this 
paragraph are the following: 
(A) Intelligence collection. 
(B) Intelligence analysis. 
(C) Covert actions. 
(D) Conduct of electronic or physical sur-
veillance or monitoring of United States citizens 
in the United States. 
(3) FORM.—The report required under para-
graph (1) shall be submitted in unclassified form, 
but may include a classified annex. 
SEC. 6. DEFINITIONS. 
In this Act: 
(a) INTELLIGENCE COMMUNITY.—The term ‘‘intel-
ligence community’’ has the meaning given the term in 
section 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4)). 
(b) ELEMENT
OF
THE
INTELLIGENCE
COMMU-
NITY.—The term ‘‘element of the intelligence community’’ 
means an element of the intelligence community listed in 
or designated under section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 401a(4)). 
VerDate Nov 24 2008 
23:18 Feb 11, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H963.IH
H963
pwalker on PROD1PC71 with BILLS
(c) COVERED CONTRACT.—The term ‘‘covered con-
tract’’ means— 
(1) a prime contract— 
(A) with any agency or office that is part 
of the intelligence community; or 
(B) with any Federal department or agen-
cy if the work performed under the contract will 
be performed under the direction or supervision 
of any agency or office that is part of the intel-
ligence community; 
(2) a subcontract at any tier under any prime 
contract described in paragraph (1); or 
(3) a task order issued under a task or delivery 
order contract entered into by an office or agency 
referred to in paragraph (1)(A); 
if the contract, subcontract, or task order is valued at 
more than $1,000,000 and includes personal services ac-
tivities to be performed either within or outside the United 
States. 
Æ 
VerDate Nov 24 2008 
23:18 Feb 11, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H963.IH
H963
pwalker on PROD1PC71 with BILLS