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Restrain “Risky Business”: Treat High-Risk Private Security Contractors As Inherently Governmental, Charles Tiefer Jan 2013

Restrain “Risky Business”: Treat High-Risk Private Security Contractors As Inherently Governmental, Charles Tiefer

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Should Congress limit private security contractors ("PSCs") in wartime by declaring that high-risk activities are "inherently governmental"? In government contracting law, private contractors are not permitted to conduct activities deemed inherently governmental. As a result, only governmental actors may perform those functions. The role of PSCs in war zones raises a number of questions as to where the line exists, in determining what is, or is not, within this classification. Traditionally, the government draws the line at combat and combat-related activities—only these functions are inherently governmental. This Article argues that the line should instead be drawn at "high-risk" activities, which …