,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #fecd ,,in ,,the ,,house ,,of ,,representatives ,july #be1 #bjah,ms4 ,schakowsky 7for herself1 ,mr4 ,grijalva1 ,mr4 ,gutirrez1 ,ms4 ,lee1 ,mr4 ,mc,govern1 ,mr4 ,polis1 ,ms4 ,shea-,porter1 ,mr4 ,raskin1 ,mr4 ,pocan1 ,ms4 ,moore1 ,mr4 ,pallone1 ,ms4 ,jayapal1 ,mr4 ,khanna1 and ,mr4 ,rush7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,armed ,services1 and ,intelligence 7,permanent ,select71 for a period to be subsequently determined by the ,speaker1 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 contractors4 #a4 ,short title ,this ,act may be cited as the ,stop ,outsourcing ,security ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,united ,states ,government is increasingly relying on armed private security contractors to perform mission-critical and emergency essential functions that historically have been performed by ,united ,states military or ,government personnel4 7#b7 ,as of ,march #bjaa1 the ,department of ,defense had approximately #aee1jjj contract employees operating in ,iraq and ,afghanistan1 as compared to #ade1jjj members of the ,united ,states ,armed ,forces operating in these two theaters of war4 7#c7 ,as of ,march #bjaa1 the ,department of ,defense had deployed #i1bjg armed private security contractors in ,iraq and #ah1iga in ,afghanistan1 a change from #aj1gdc and #d1aaa1 respectively1 in ,march #bjji4 7#d7 ,as of ,april #a1 #bjaa1 the ,department of ,state had over #b1ejj security contractors in ,iraq and #a1bgb in ,afghanistan1 under the ,worldwide ,personal ,protective ,services 7,,wpps7 contract4 7#e7 ,in ,september #bjji1 photos were published showing employees of ,armor,group ,north ,america 7,,agna71 hired by the ,department of ,state to provide security at the ,united ,states ,embassy in ,kabul1 engaging in lewd sexual hazing and harassment4 7#f7 ,before the ,september #bjji incident1 the ,department of ,state had issued multiple deficiency notices1 a cure notice1 and a show-cause notice expressing grave concerns about the company's performance on the contract2 one ,state ,department official even wrote that the company's deficiencies endanger performance of the contract to such a degree that the security of the ,u4,s4 ,embassy in ,kabul is in jeopardy4 7#g7 ,on ,july #g1 #bjaa1 the ,department of ,justice announced that ,armor ,group ,north ,america paid a #g4e million settlement to resolve charges that the company submitted false claims for payment on a ,state ,department contract2 the settlement resolves claims that ,,agna guards violated the ,trafficking ,victims ,protection ,act by visiting brothels in ,kabul with the knowledge of ,,agna's management1 as well as allegations that ,,agna misrepresented the prior work experience of #ch third country nationals hired to guard the embassy4 7#h7 ,a #bjaj ,senate ,armed ,services ,committee investigation found that ,,eod ,technology1 the company hired to take over protection of the ,kabul ,embassy from ,,agna1 was suspected of hiring local warlords with possible ,taliban ties1 and in ,march #bjaa the ,,eodt contract was terminated for default4 7#i7 ,in ,may #bjji1 four men employed as military trainers for ,paravant ,,llc1 a ,blackwater affiliate1 fired on a civilian vehicle in ,kabul1 killing two ,afghans and wounding a third2 two of the guards were convicted of involuntary manslaughter in ,march #bjaa4 7#aj7 ,on ,september #af1 #bjjg1 individuals hired by the company then known as ,blackwater ,,usa opened fire on ,baghdad's ,nisour ,square1 killing #ag ,iraqis and wounding at least #bj others4 7#aa7 ,in ,august #bjaj1 ,,xe ,services1 ,,llc1 the company formerly known as ,blackwater1 entered into a civil settlement with the ,state ,department1 under which the company agreed to pay a penalty of #db million for #bhh alleged violations of the ,arms ,export ,control ,act 7,,aeca7 and the ,international ,traffic in ,arms ,regulations 7,,itar74 7#ab7 ,in ,july #bjaj1 ,the ,washington ,post quoted ,secretary of ,defense ,robert ,gates as saying ,this is a terrible confession ''' ,i can't get a number on how many contractors work for the ,office of the ,secretary of ,defense44 7#ac7 ,on ,october #ah1 #bjjg1 ,secretary ,gates stated that the work of many contractors in ,iraq is at cross-purposes to our larger mission in ,iraq1 and that right now those missions are in conflict4 7#ad7 ,in #bjjg1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives investigated ,blackwater's employment practices and found that the company's classification of its security guards may have allowed the firm to avoid paying ,social ,security1 ,medicare1 and ,federal income and employment taxes4 7#ae7 ,on ,christmas ,eve #bjjf1 ,blackwater contractor ,andrew ,moonen1 while drunk1 shot and killed a guard to ,iraqi ,vice ,president ,adil ,abd-al-,mahdi in the ,green ,zone1 and though ,mr4 ,moonen lost his job with ,blackwater as a result of this incident1 he was promptly hired by ,combat ,support ,associates1 another ,department of ,defense contractor1 and sent to work in ,kuwait4 7#af7 ,in the wake of the #bjjd killing of four ,blackwater contractors in ,fallujah1 the families of the men killed filed a civil suit against the company1 alleging that ,blackwater failed to properly equip and man its armored vehicles2 after nearly seven years in court1 the case was thrown out when the families could reportedly no longer pay the court costs4 7#ag7 ,,xe ,services1 ,,llc1 the company formerly known as ,blackwater1 has also faced allegations of weapons smuggling and improperly licensing firearms2 in ,april #bjaj1 five former ,blackwater employees1 including former president ,gary ,jackson and former executive vice president ,william ,wheeler ,mathews1 ,jr41 were indicted on charges including conspiring to violate ,federal firearm laws1 possession of unregistered firearms1 and obstruction of justice4 ,jackson and ,mathews later pleaded guilty to a misdemeanor firearms recordkeeping violation4 7#ah7 ,in response to a request from the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 the ,inspector ,general of the ,small ,business ,administration investigated ,blackwater in #bjjh and found that the company may have misrepresented its small business status1 enabling it to qualify for #aaj1jjj1jjj in government contracts set aside specifically for small businesses4 7#ai7 ,signed affidavits were filed in a civil lawsuit against ,blackwater that company founder ,erik ,prince views himself as a ,christian crusader tasked with eliminating ,muslims and the ,islamic faith from the globe1 that he knowingly deployed demonstrably unfit men to ,iraq1 and that he used illegal ammunition1 including a bullet designed to explode after entering the human body1 among other charges4 7#bj7 ,in ,november #bjjg1 a contractor employed by ,dyn,corp ,international1 ,,llc1 reportedly shot and killed an unarmed taxi driver who1 according to witnesses1 posed no threat to the ,dyn,corp convoy4 7#ba7 ,a ,january #bjjg report by the ,special ,inspector ,general for ,iraq ,reconstruction stated that ,dyn,corp billed the ,united ,states for millions of dollars of work that was never authorized4 7#bb7 ,in ,october #bjjg1 an audit report issued by the ,special ,inspector ,general for ,iraq ,reconstruction stated that the ,department of ,state does not know specifically what it received for most of the #a1bjj1jjj1jjj in expenditures under its ,dyn,corp ,contract for the ,iraqi ,police ,training ,program4 7#bc7 ,congress does not have complete access to information about all security contracts1 the number of armed private security contractors working in ,iraq1 ,afghanistan1 and other combat zones1 the number of contractors who have died1 and any disciplinary actions taken against contract personnel or companies4 7#bd7 ,the ,central ,intelligence ,agency paid two contractor psychologists #ha million to devise an interrogation program that yielded very little intelligence and may have violated ,united ,states law and international human rights treaties4 7#be7 ,in #bjaf1 it was reported that ,erik ,prince was under investigation by the ,department of ,justice and other ,federal agencies for attempting to broker military services to foreign governments and possible money laundering4 7#bf7 ,a #bjaa report by the ,project ,on ,government ,oversight found the government paid significantly more for contractors to staff certain contingency operation positions1 including security guards and language specialists4 #c4 ,definitions ,in this ,act3 7#a7 ,mission critical or emergency essential functions ,the term mission critical or emergency essential functions-- 7,a7 means-- 7i7 activities for which continued performance is considered essential to support combat systems and operational activities2 7ii7 activities whose delay1 absence1 or failure of performance would significantly affect the broader success or failure of a military operation2 or 7iii7 functions1 the compromise of which would degrade the system effectiveness in achieving the core mission for which it was designed2 and 7,b7 includes-- 7i7 the provision of protective services1 including diplomatic security services2 7ii7 the provision of security advice and planning2 7iii7 military and police training2 7iv7 prison administration2 7v7 interrogation2 7vi7 intelligence and counterintelligence2 7vii7 counterterrorism2 and 7viii7 the provision of support for the conduct of operations or security cooperation4 7#b7 ,contingency operation ,the term contingency operation has the meaning provided by section #aja7;a77#ac7 of title #aj1 ,united ,states ,code4 7#c7 ,other significant military operations ,the term other significant military operations means activities1 other than combat operations1 that are carried out by ,united ,states ,armed ,forces in an uncontrolled or unpredictable high-threat environment where personnel performing security functions may be called upon to use deadly force4 7#d7 ,specified congressional committees ,the term specified congressional committees means the following committees3 7,a7 ,the ,committee on ,armed ,services1 the ,committee on ,oversight and ,government ,reform1 the ,committee on ,appropriations1 the ,committee on ,foreign ,affairs1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7,b7 ,the ,committee on ,armed ,services1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,appropriations1 the ,committee on ,foreign ,relations1 and the ,select ,committee on ,intelligence of the ,senate4 #d4 ,requirement for ,government personnel to perform diplomatic security in areas of contingency operations and other significant military operations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall ensure that all personnel working on behalf of the ,united ,states at any ,united ,states diplomatic or consular mission in areas of contingency operations and other significant military operations are provided diplomatic security services only by ,united ,states ,government personnel4 #e4 ,requirements relating to contractors performing mission critical or emergency essential functions in all areas of contingency operations and other significant military operations 7a7 ,report by president 7#a7 ,requirement ,not later than ,june #a1 #bjai1 the ,president shall submit to the specified congressional committees 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 #a1 #bjbj1 in all areas of contingency operations and other significant military operations4 7#b7 ,additional matters covered ,if the report submitted under paragraph 7#a7 states that the relevant agencies will not be able to transition to government and military personnel for such functions by ,january #a1 #bjbj1 the ,president shall include in the report the following3 7,a7 ,a statement of the reasons why the relevant agencies are unable to do so1 the date by which they will be able to do so1 and the plan to ensure that they will be able to do so by that date4 7,b7 ,a certification that-- 7i7 all contract employees have undergone background checks to ensure that they do not have criminal records and have not been accused of human rights abuses2 7ii7 no contract employees are subject to pending criminal charges2 7iii7 all contract employees are under the jurisdiction of section #cbfa of title #ah1 ,united ,states ,code 7relating to military extraterritorial jurisdiction72 7iv7 contract employees1 if accused of crimes by the host country1 must remain in ,united ,states custody2 and 7v7 contracts include whistleblower protections for employees to provide good faith information to management1 government agencies1 and ,congress of any contract violations1 human rights abuses1 or criminal actions4 7#c7 ,form of report ,the report required by this subsection shall be submitted in unclassified form1 to the maximum extent possible1 but may contain a classified annex1 if necessary4 7b7 ,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 #a1 #bjbj1 shall allow the specified congressional committees to examine their accounting practices with respect to any such contract quarterly and upon request4 7c7 ,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-- 7#a7 the ,president reports to the specified congressional committees that the relevant agency does not have adequate personnel to perform the duties stipulated in the contract2 and 7#b7 the ,president certifies that-- 7,a7 all contract employees have undergone background checks to ensure that they do not have criminal records and have not been accused of human rights abuses2 7,b7 no contract employees are subject to pending criminal charges2 7,c7 all contract employees are under the jurisdiction of section #cbfa of title #ah1 ,united ,states ,code 7relating to military extraterritorial jurisdiction72 7,d7 contract employees1 if accused of crimes by the host country1 must remain in the custody of the ,united ,states2 and 7,e7 the contract includes whistleblower protections for employees to provide good faith information to management1 government agencies1 and ,congress of any contract violations1 human rights abuses1 or criminal actions4 #f4 ,congressional access to contracts 7a7 ,requirement ,to allow congress access to copies and descriptions of certain contracts and task orders 7#a7 ,requirement regarding contracts and task orders before enactment ,the ,secretary of ,defense1 the ,secretary of ,state1 the ,secretary of the ,interior1 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 of1 and a description of the work performed or to be performed under1 each contract1 and each task order issued under an existing contract1 in an amount greater than #e1jjj1jjj entered into by the ,department of ,defense1 the ,department of ,state1 the ,department of the ,interior1 and the ,agency for ,international ,development1 respectively1 during the period beginning on ,october #a1 #bjja1 and ending on the last day of the month during which this ,act is enacted for work to be performed in areas of contingency operations and other significant military operations4 7#b7 ,form of submissions ,the copies and descriptions required by paragraph 7#a7 shall be submitted in unclassified form1 to the maximum extent possible1 but may contain a classified annex1 if necessary4 7b7 ,reports on contracts for work ,to be performed in areas of contingency operations and other significant military operations ,the ,secretary of ,defense1 the ,secretary of ,state1 the ,secretary of the ,interior1 and the ,administrator of the ,united ,states ,agency for ,international ,development shall each submit to each specified congressional committee a report not later than #fj days after the date of the enactment of this ,act that contains the following information3 7#a7 ,the number of persons performing work in areas of contingency operations and other significant military operations under contracts 7and subcontracts at any tier7 entered into by ,department of ,defense1 the ,department of ,state1 the ,department of the ,interior1 and the ,united ,states ,agency for ,international ,development1 respectively4 7#b7 ,the total cost of such contracts4 7#c7 ,the total number of persons who have been wounded or killed in performing work under such contracts4 7#d7 ,a description of the disciplinary actions that have been taken against persons performing work under such contracts by the contractor1 the ,united ,states ,government1 or the government of any country in which the area of contingency operations or other significant military operations is located4