S 2398 ISCommentsClose CommentsPermalink

To phase out the use of private military contractors.CommentsClose CommentsPermalink

November 16, 2007

Mr. SANDERS introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

To phase out the use of private military contractors.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Stop Outsourcing Security Act'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) The Congressional Research Service reports that about one-quarter of private security contractors are third-party nationals.CommentsClose CommentsPermalink





(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 . . .'.CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) MISSION CRITICAL OR EMERGENCY ESSENTIAL FUNCTIONS- The term `mission critical or emergency essential functions'--CommentsClose CommentsPermalink





(A) means--CommentsClose CommentsPermalink





(i) activities for which continued performance is considered essential to support combat systems and operational activities; orCommentsClose CommentsPermalink





(ii) activities whose delay, absence, or failure of performance would significantly affect the broader success or failure of a military operation; andCommentsClose CommentsPermalink





(B) includes--CommentsClose CommentsPermalink





(i) the provision of protective services;CommentsClose CommentsPermalink





(ii) the provision of security advice and planning;CommentsClose CommentsPermalink





(iii) military and police training;CommentsClose CommentsPermalink





(iv) repair and maintenance for weapons systems;CommentsClose CommentsPermalink





(v) prison administration;CommentsClose CommentsPermalink





(vi) interrogation; andCommentsClose CommentsPermalink





(vii) intelligence.CommentsClose CommentsPermalink





(2) SPECIFIED CONGRESSIONAL COMMITTEE- The term `specified congressional committee' means each of the following committees:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





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

SEC. 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.CommentsClose CommentsPermalink

SEC. 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-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) A certification that--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(ii) contract employees cannot have been charged with crime in other employment if that charge is still pending;CommentsClose CommentsPermalink





(iii) contract employees are under the jurisdiction of section 3261 of title 18, United States Code (relating to military extraterritorial jurisdiction);CommentsClose CommentsPermalink





(iv) contract employees, if accused of crimes by the host country, must remain in United States custody; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) the President certifies that--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) contract employees are under force of law and cannot have been charged with crime in other employment if that charge is still pending;CommentsClose CommentsPermalink





(C) contract employees, if accused of crimes by the host country, must remain in the custody of the United States;CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) The total cost of such contracts.CommentsClose CommentsPermalink





(3) The total number of persons who have been wounded or killed in performing work under such contracts.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink