plode after entering the human body, among other 
charges. 
(19) In November 2007, a contractor employed 
by DynCorp International, LLC, reportedly shot and 
killed an unarmed taxi driver who, according to wit-
nesses, posed no threat to the DynCorp convoy. 
(20) A January 2007 report by the Special In-
spector General for Iraq Reconstruction stated that 
DynCorp billed the United States for millions of dol-
lars of work that was never authorized. 
(21) In October 2007, an audit report issued by 
the Special Inspector General for Iraq Reconstruc-
tion stated that the Department of State ‘‘does not 
know specifically what it received for most of the 
$1,200,000,000 in expenditures under its DynCorp 
Contract for the Iraqi Police Training Program’’. 
(22) Congress does not have complete access to 
information about all security contracts, the number 
of armed private security contractors working in 
Iraq, Afghanistan, and other combat zones, the 
number of contractors who have died, and any dis-
ciplinary actions taken against contract personnel or 
companies. 
SEC. 3. DEFINITIONS. 
In this Act: 
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(1) MISSION CRITICAL OR EMERGENCY ESSEN-
TIAL
FUNCTIONS.—The term ‘‘mission critical or 
emergency essential functions’’— 
(A) means— 
(i) activities for which continued per-
formance is considered essential to support 
combat systems and operational activities; 
or 
(ii) activities whose delay, absence, or 
failure of performance would significantly 
affect the broader success or failure of a 
military operation; and 
(B) includes— 
(i) the provision of protective services; 
(ii) the provision of security advice 
and planning; 
(iii) military and police training; 
(iv) repair and maintenance for weap-
ons systems; 
(v) prison administration; 
(vi) interrogation; and 
(vii) intelligence. 
(2) 
SPECIFIED
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘specified congressional commit-
tees’’ means the following committees: 
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(A) The Committee on Armed Services, the 
Committee on Oversight and Government Re-
form, the Committee on Appropriations, the 
Committee on Foreign Affairs, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives. 
(B) The Committee on Armed Services, 
the Committee on Homeland Security and Gov-
ernmental Affairs, the Committee on Appro-
priations, the Committee on Foreign Relations, 
and the Select Committee on Intelligence of the 
Senate. 
SEC. 4. REQUIREMENT FOR GOVERNMENT PERSONNEL TO 
PERFORM DIPLOMATIC SECURITY IN IRAQ 
AND AFGHANISTAN. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of State shall ensure that 
all personnel at any United States diplomatic or consular 
mission in Iraq or Afghanistan are provided security serv-
ices only by United States Government personnel. 
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SEC. 5. REQUIREMENTS RELATING TO CONTRACTORS PER-
FORMING MISSION CRITICAL OR EMERGENCY 
ESSENTIAL FUNCTIONS IN ALL CONFLICT 
ZONES IN WHICH CONGRESS HAS AUTHOR-
IZED THE USE OF FORCE. 
(a) REPORT BY PRESIDENT.— 
(1) REQUIREMENT.—Not later than June 1, 
2010, the President shall submit to the specified 
congressional committees a report on the status of 
planning for the transition away from the use of pri-
vate contractors for mission critical or emergency es-
sential functions by January 1, 2011, in all conflict 
zones in which Congress has authorized the use of 
force. 
(2) ADDITIONAL
MATTERS
COVERED.—If the 
report submitted under paragraph (1) states that 
the relevant agencies will not be able to transition to 
government and military personnel for such func-
tions by January 1, 2011, the President shall in-
clude in the report the following: 
(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— 
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(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) no contract employees are subject 
to pending criminal charges; 
(iii) all contract employees are under 
the jurisdiction of section 3261 of title 18, 
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 
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the Federal Government to provide mission critical or 
emergency essential functions after January 1, 2011, 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 
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) no contract employees are subject to 
pending criminal charges; 
(C) all contract employees are under the 
jurisdiction of section 3261 of title 18, United 
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States Code (relating to military extraterritorial 
jurisdiction); 
(D) contract employees, if accused of 
crimes by the host country, must remain in the 
custody of the United States; and 
(E) 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. 
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-
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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 on 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 
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 
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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 
United States Government, or the Government of 
Iraq or Afghanistan. 
Æ 
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