ment that may be relevant to contract per-
sonnel. 
(3) REQUIREMENTS FOR CONTRACTORS RELAT-
ING TO THE THEATER SECURITY CONTRACT COORDI-
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) immediately report any incidents in 
which contract personnel use force or are at-
tacked by hostile forces; 
(C) immediately report to the Theater Se-
curity Contract Coordinating Officer any cas-
ualties suffered by covered contract personnel; 
(D) communicate to the Theater Security 
Contract Coordinating Officer, in accordance 
with the guidance 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 
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(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. 
(e) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Defense and the Secretary of 
State should work with contractors, industry associations, 
and nongovernmental organizations to develop a system 
of independent third-party accreditation of private busi-
nesses competing for contracts for private security func-
tions and, further, should ensure that covered contracts 
are awarded only to contractors who obtain such accredi-
tation. 
SEC. 4. INTERNATIONAL FRAMEWORK FOR SECURITY CON-
TRACTING. 
(a) INTERNATIONAL
FRAMEWORK
ON
SECURITY 
CONTRACTING.—The Secretary of State shall work 
through appropriate existing or new international fora to 
achieve agreement on an international framework regu-
lating the use of private contractors for security functions 
and facilitating cooperation among states, international 
organizations, contractors, and private clients of such con-
tractors on measures to ensure the transparency and legal 
accountability of security contractors. 
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(b) PRINCIPAL ISSUES.—The Secretary of State shall 
work to ensure that the international framework sought 
under subsection (a) shall address the following areas of 
concern: 
(1) Legal obligations of international organiza-
tions, contracting states, contractors and their per-
sonnel, and private clients of such contractors relat-
ing to the use of private contractors for security 
functions to ensure compliance with and enforce-
ment of international humanitarian law and inter-
national human rights law. 
(2) Standards for the use of force and firearms 
by contractor personnel. 
(3) Obligations of contracting states to ensure 
the appropriate training and equipping of private se-
curity contractors, including training on the fol-
lowing: 
(A) Rules for the use of force and fire-
arms. 
(B) International humanitarian law and 
international human rights law. 
(C) Measures against corruption, bribery, 
and related crimes. 
(D) Relevant religious, gender, and cul-
tural issues in the host nation. 
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(E) Identifiability of contractor personnel 
and vehicles during performance of security 
contracts. 
(F) Proper reporting and investigation of 
complaints relating to the conduct of contractor 
personnel. 
(4) Obligations of contracting states to ensure 
the appropriate vetting of private security contrac-
tors, including a mechanism by which contracting 
states shall ensure that contracting organizations 
performing security functions do not employ an indi-
vidual who has a reliably attested record of involve-
ment in serious crime (including organized crime, 
violent crime, sexual offenses, violations of inter-
national humanitarian law, bribery, and corruption) 
or who has been dishonorably discharged from 
armed or security forces. 
(5) Measures to ensure appropriate communica-
tion and coordination between private security con-
tractors, armed forces, and other lawful authorities 
operating in the same area. 
(6) Procedures for territorial states to register, 
authorize, and oversee private contractors per-
forming security functions on their territories. 
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(7) Obligations of contracting states, contrac-
tors, and other relevant parties relating to prosecu-
tion, reparations and other remedies for violations of 
international humanitarian law or human rights law. 
(8) Measures to facilitate information-sharing 
and other cooperation among contracting states, ter-
ritorial states, and home states of contractor per-
sonnel, especially in relation to contractor perform-
ance, contractor oversight, and the occurrence and 
remedy of violations of international humanitarian 
law or human rights law. 
(9) Obligations to ensure the rights of private 
security contractor personnel. 
(10) A categorization of functions not appro-
priate for performance by private security contrac-
tors, including functions deemed inherently govern-
mental, deemed to constitute direct participation in 
hostilities, or otherwise impermissible. 
(c) REPORT.—Not later than 365 days after the date 
of the enactment of this Act, the Secretary of State shall 
submit to Congress a report on the activities carried out 
to implement this section. 
SEC. 5. DEFINITIONS. 
In this Act: 
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(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-
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; 
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(iv) guarding vital facilities and per-
sonnel; 
(v) tactical security work; 
(vi) local force training; or 
(vii) security advice or planning; 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(a)(13) of title 10, United States 
Code. 
(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. 6. EFFECTIVE DATE. 
(a) APPLICABILITY.—The provisions of this Act shall 
apply to the following: 
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(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-
section (a)(1), the United States Government shall have 
90 days following the date of the enactment of this Act 
to ensure compliance with the provisions of this Act. 
Æ 
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