[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3037 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3037
To increase oversight of private security contractors and establish the
proper ratio of United States Government security personnel to private
security contractors at United States missions where the Armed Forces
are engaged in combat operations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 24, 2010
Mrs. McCaskill (for herself, Mr. Feingold, and Mr. Leahy) introduced
the following bill; which was read twice and referred to the Committee
on Foreign Relations
_______________________________________________________________________
A BILL
To increase oversight of private security contractors and establish the
proper ratio of United States Government security personnel to private
security contractors at United States missions where the Armed Forces
are engaged in combat operations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Oversight and Security at
United States Missions Act of 2010''.
SEC. 2. INCREASED OVERSIGHT OF PRIVATE SECURITY CONTRACTORS AT UNITED
STATES MISSIONS IN AREAS OF COMBAT OPERATIONS.
(a) Plan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
collaboration with the Secretary of Defense, shall submit to
Congress a plan to increase the oversight of private security
contractors by United States Government security personnel at
United States missions where the United States Armed Forces are
engaged in combat operations to ensure that security functions
are appropriately performed.
(2) Content.--
(A) Objectives.--The plan required under paragraph
(1) shall--
(i) determine an appropriate ratio of
United States Government security personnel to
private security contractors at United States
missions where the United States Armed Forces
are engaged in combat operations in a manner
sufficient to--
(I) provide comprehensive oversight
of the activities and performance of
private security contractors at such
missions; and
(II) ensure that all such missions
are safe and secure at all times; and
(ii) establish applicable practices to
ensure that an adequate number of United States
Government security personnel are trained for,
assigned to, and responsible for overseeing
private security contractor personnel.
(B) Improved oversight requirement.--The ratio
determined under subparagraph (A)(i) shall increase the
oversight of private security contractors by United
States Government security personnel at United States
missions where the United States Armed Forces are
engaged in combat operations by--
(i) increasing the number of United States
Government security personnel responsible for
oversight of private security contractors; or
(ii) decreasing the number of private
security contractors performing security
functions at such missions.
(3) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
implement the plan required under paragraph (1).
(b) Periodic Review of Performance Functions.--
(1) In general.--The Secretary of State shall, in
coordination with the heads of other appropriate agencies,
periodically review the performance of private security
functions at United States missions where the United States
Armed Forces are engaged in combat operations to ensure that
such functions are authorized and performed in a manner
consistent with the requirements of this section.
(2) Annual reports.--Not later than June 1 of each of 2011,
2012, 2013, 2014, and 2015, the Secretary shall submit to
Congress a report on the results of the most recent performance
review of private security functions at United States missions
conducted under paragraph (1). Each such report shall include
the following:
(A) The number and type of United States Government
security personnel assigned at each such mission.
(B) The number and type of private security
contractor employees assigned at each such mission.
(C) The ratio of United States Government security
personnel to private security contractor employees at
each such mission.
(D) The justification for the determination by the
Secretary of State, in coordination with the Secretary
of Defense, of the ratio of private security
contractors to United States Government security
personnel at each such mission.
(E) The justification for the determination by the
Secretary of State, in coordination with the Secretary
of Defense, for any increase or decrease in the number
of United States Government security personnel or
private security contractors at each such mission.
(F) The name of each private security contractor, a
description of the specific activities being carried
out by such contractor, and the total value of all
payments by the Department of State to each contractor
for such activities at each such mission.
(G) An analysis of and justification for the
determination that each specific activity listed in
accordance with subparagraph (F) does not constitute an
inherently governmental function.
(H) A description of the training provided to
United States Government security personnel performing
oversight and management of private security
contractors for each such United States mission.
(I) A description of the responsibilities for
United States Government security personnel at such
missions charged with oversight and management
responsibilities of private security contractors, and
the justification for any determination of the need to
provide such United States Government security
personnel with other responsibilities in addition to
oversight.
(J) A certification whether the regulations
prescribed pursuant to section 862 of the National
Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 10 U.S.C. 2302 note) with respect to
private security contractors at such missions have been
complied with.
(c) United States Government Security Personnel Defined.--The term
``United States Government security personnel'' means any employees of
the United States Government, including civilian employees and members
of the United States Armed Forces, who are engaged in security or
security oversight and management functions at United States missions.
(d) Rule of Construction.--Nothing in this section shall be
construed as authorizing the continued performance of any functions
currently performed by private security contractors or to authorize the
use of private security contractors for any inherently governmental
function.
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