planning for the transition away from the use of pri-
vate contractors for mission critical or emergency es-
sential functions by January 1, 2009, in all conflict 
zones in which Congress has authorized the use of 
force. 
(2) ADDITIONAL
MATTERS
COVERED.—If the 
report states that the relevant agencies will not be 
able to transition to government and military per-
sonnel for such functions by January 1, 2009, the 
President shall include the following in the report: 
(A) A statement of the reasons why the 
relevant agencies are unable to do so, the date 
by which they will be able to do so, and the 
plan to ensure that they will be able to do so 
by that date. 
(B) A certification that— 
(i) all contract employees have under-
gone background checks to ensure that 
they do not have criminal records and have 
not been accused of human rights abuses; 
(ii) contract employees cannot have 
been charged with crime in other employ-
ment if that charge is still pending; 
(iii) contract employees are under the 
jurisdiction of section 3261 of title 18, 
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United States Code (relating to military 
extraterritorial jurisdiction); 
(iv) contract employees, if accused of 
crimes by the host country, must remain in 
United States custody; and 
(v) contracts include whistleblower 
protections for employees to provide good 
faith information to management, govern-
ment agencies, and Congress of any con-
tract violations, human rights abuses, or 
criminal actions. 
(3) FORM OF REPORT.—The report required by 
this subsection shall be submitted in unclassified 
form, to the maximum extent possible, but may con-
tain a classified annex, if necessary. 
(b) EXAMINATION
OF CONTRACTOR ACCOUNTING 
PRACTICES.—Any individual or entity under contract with 
the Federal Government to provide mission critical or 
emergency essential functions after January 1, 2009, shall 
allow the specified congressional committees to examine 
their accounting practices with respect to any such con-
tract quarterly and upon request. 
(c) REQUIREMENTS RELATING TO CONTRACT RE-
NEWALS.—Any contract with the Federal Government re-
quiring personnel to perform mission critical or emergency 
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essential functions that is proposed to be renewed after 
the date of the enactment of this Act may be renewed only 
if— 
(1) the President reports to the specified con-
gressional committees that the relevant agency does 
not have adequate personnel to perform the duties 
stipulated in the contract; and 
(2) the President certifies that— 
(A) all contract employees have undergone 
background checks to ensure that they do not 
have criminal records and have not been ac-
cused of human rights abuses; 
(B) contract employees are under force of 
law and cannot have been charged with crime 
in other employment if that charge is still pend-
ing; 
(C) contract employees, if accused of 
crimes by the host country, must remain in the 
custody of the United States; 
(D) the contract includes whistleblower 
protections for employees to provide good faith 
information to management, government agen-
cies, and Congress of any contract violations, 
human rights abuses, or criminal actions. 
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SEC. 6. CONGRESSIONAL ACCESS TO CONTRACTS. 
(a) REQUIREMENT TO ALLOW CONGRESS ACCESS TO 
COPIES AND DESCRIPTIONS OF CONTRACTS AND TASK 
ORDERS IN EXCESS OF $5,000,000 FOR WORK TO BE 
PERFORMED IN IRAQ AND AFGHANISTAN.— 
(1) REQUIREMENT
REGARDING
CONTRACTS 
AND TASK ORDERS BEFORE ENACTMENT.—The Sec-
retary of Defense, the Secretary of State, the Sec-
retary of the Interior, and the Administrator of the 
United States Agency for International Development 
shall allow the chairman and the ranking minority 
member of each specified congressional committee 
access to a copy of, and a description of the work 
performed or to be performed under, each contract, 
and each task order issued under an existing con-
tract, in an amount greater than $5,000,000 entered 
into by the Department of Defense, the Department 
of State, the Department of the Interior, and the 
Agency for International Development, respectively, 
during the period beginning October 1, 2001, and 
ending on the last day of the month during which 
this Act is enacted for work to be performed in Iraq 
and Afghanistan. 
(2) FORM OF SUBMISSIONS.—The copies and 
descriptions required by paragraph (1) shall be sub-
mitted in unclassified form, to the maximum extent 
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possible, but may contain a classified annex, if nec-
essary. 
(b) REPORTS
ON IRAQ
AND AFGHANISTAN CON-
TRACTS.—The Secretary of Defense, the Secretary of 
State, the Secretary of the Interior, and the Administrator 
of the United States Agency for International Develop-
ment shall each submit to each specified congressional 
committee a report not later than 60 days after the date 
of the enactment of this Act that contains the following 
information: 
(1) The number of persons performing work in 
Iraq and Afghanistan under contracts (and sub-
contracts at any tier) entered into by Department of 
Defense, the Department of State, the Department 
of the Interior, and the United States Agency for 
International Development, respectively. 
(2) The total cost of such contracts. 
(3) The total number of persons who have been 
wounded or killed in performing work under such 
contracts. 
(4) A description of the disciplinary actions 
that have been taken against persons performing 
work under such contracts by the contractor, the 
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United States Government, or the Government of 
Iraq or Afghanistan. 
Æ 
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