H.R. 4102 (110th): Stop Outsourcing Security Act

110th Congress, 2007–2009. Text as of Nov 07, 2007 (Introduced).

Status & Summary | PDF | Source: GPO

I

110th CONGRESS

1st Session

H. R. 4102

IN THE HOUSE OF REPRESENTATIVES

November 7, 2007

(for herself, Mr. McGovern, Mr. Filner, Mr. Cohen, Mr. Allen, Mr. Gonzalez, Mr. Rahall, Mr. Ellison, Mr. Grijalva, and Mr. Stark) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To phase out the use of private military contractors.

1.

Short title

This Act may be cited as the Stop Outsourcing Security Act.

2.

Findings

Congress finds the following:

(1)

The United States is increasingly relying on private security contractors to perform mission critical and emergency essential functions that historically have been performed by United States military or government personnel.

(2)

The number of private security contractors in Iraq is reported to be at least 48,000 and Department of State funding for private security and law enforcement contractors is estimated to have increased from $1,000,000,000 to $4,000,000,000.

(3)

The Congressional Research Service reports that about one-quarter of private security contractors are third-party nationals.

(4)

On October 18, 2007, Secretary of Defense Robert Gates said that the work of many contractors in Iraq was at cross-purposes to our larger mission in Iraq, and that right now those missions are in conflict ….

(5)

A December 2006 report by the Government Accountability Office found multiple deficiencies in the Army’s oversight of contractors in Iraq, including limited visibility over contractors, a lack of adequate contractor oversight personnel, and little or no training on the use of contractors.

(6)

The Congress does not have access to security contracts, the number of private security contractors working in Iraq, Afghanistan and other combat zones, the number of contractors who have died or any disciplinary actions taken against them.

(7)

The relationship between the governments of the United States and Iraq has been negatively impacted by violent incidents involving private military contractors and Iraqi citizens, including a December 24, 2006, shooting of the guard of the Iraqi Vice President and a September 16, 2007, shooting by Blackwater employees that killed 17 Iraqi citizens and wounded 24.

(8)

The Government of Iraq has demanded that the United States Government sever all contracts in Iraq with Blackwater and expel the company from Iraq within six months, highlighting the danger in relying on private security contractors for mission critical functions.

(9)

The use of private security contractors for mission critical functions undermines the mission, jeopardizes the safety of American troops conducting military operations in Iraq and other combat zones, and should be phased out.

3.

Definitions

In this Act:

(1)

Mission critical or emergency essential functions

The term mission critical or emergency essential functions

(A)

means—

(i)

activities for which continued performance 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 weapons systems;

(v)

prison administration;

(vi)

interrogation; and

(vii)

intelligence.

(2)

Specified congressional committee

The term specified congressional committee means each of the following committees:

(A)

The Committees on Armed Services, Oversight and Government Reform, Appropriations, and Foreign Affairs, and the Permanent Select Committee on Intelligence, of the House of Representatives.

(B)

The Committees on Armed Services, Homeland Security and Governmental Affairs, Appropriations, and Foreign Relations, and the Select Committee on Intelligence, of the Senate.

4.

Requirement for Government personnel to perform diplomatic security in Iraq

Not later than 6 months after the date of the enactment of this Act, the Secretary of State shall ensure that all personnel at any United States diplomatic or consular mission in Iraq are provided security services only by Federal Government personnel.

5.

Requirements relating to contractors performing mission critical or emergency essential functions in all conflict zones in which Congress has authorized the use of force

(a)

Report by President

(1)

Requirement

Not later than June 1, 2008, the President shall submit to each specified congressional committee a report on the status of planning for the transition away from the use of private contractors for mission critical or emergency essential 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 personnel 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 undergone 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 employment if that charge is still pending;

(iii)

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, government agencies, and Congress of any contract 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 contain 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 contract quarterly and upon request.

(c)

Requirements relating to contract renewals

Any contract with the Federal Government requiring 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 congressional 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 accused 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 pending;

(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 agencies, and Congress of any contract violations, human rights abuses, or criminal actions.

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 Secretary of Defense, the Secretary of State, the Secretary 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 contract, 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 submitted in unclassified form, to the maximum extent possible, but may contain a classified annex, if necessary.

(b)

Reports on Iraq and Afghanistan contracts

The Secretary of Defense, the Secretary of State, the Secretary of the Interior, and the Administrator of the United States Agency for International Development 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 subcontracts 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 United States Government, or the Government of Iraq or Afghanistan.