[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2740 Placed on Calendar Senate (PCS)]
Calendar No. 413
110th CONGRESS
1st Session
H. R. 2740
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 4, 2007
Received and read the first time
October 5, 2007
Read the second time and ordered to be placed on the calendar
_______________________________________________________________________
AN ACT
To require accountability for contractors and contract personnel under
Federal contracts, and for other purposes.
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 ``MEJA Expansion and Enforcement Act
of 2007''.
SEC. 2. LEGAL STATUS OF CONTRACT PERSONNEL.
(a) Clarification of the Military Extraterritorial Jurisdiction
Act.--
(1) Inclusion of contractors.--Subsection (a) of section
3261 of title 18, United States Code, is amended--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the comma at the end of paragraph
(2) and inserting ``; or''; and
(C) by inserting after paragraph (2) the following:
``(3) while employed under a contract (or subcontract at
any tier) awarded by any department or agency of the United
States, where the work under such contract is carried out in an
area, or in close proximity to an area (as designated by the
Department of Defense), where the Armed Forces is conducting a
contingency operation,''.
(2) Definition.--Section 3267 of title 18, United States
Code, is amended by adding at the end the following:
``(5) The term `contingency operation' has the meaning
given such term in section 101(a)(13) of title 10.''.
(b) Department of Justice Inspector General Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of the
Department of Justice shall submit to Congress a report in
accordance with this subsection.
(2) Content of report.--The report under paragraph (1)
shall include--
(A) a description of the status of Department of
Justice investigations of alleged violations of section
3261 of title 18, United States Code, to have been
committed by contract personnel, which shall include--
(i) the number of complaints received by
the Department of Justice;
(ii) the number of investigations into
complaints opened by the Department of Justice;
(iii) the number of criminal cases opened
by the Department of Justice; and
(iv) the number and result of criminal
cases closed by the Department of Justice;
(B) findings and recommendations about the number
of criminal cases prosecuted by the Department of
Justice involving violations of section 3261 of title
18, United States Code; and
(C) with respect to covered contracts where the
work under such contracts is carried out in Iraq or
Afghanistan--
(i) a list of each charge brought against
contractors or contract personnel performing
work under such a covered contract, including--
(I) a description of the offense
with which a contractor or contract
personnel were charged; and
(II) the disposition of such
charge; and
(ii) a description of any legal actions
taken by the United States Government against
contractors or contract personnel as a result
of--
(I) a criminal charge brought
against such contractors or contract
personnel; or
(II) a complaint received regarding
the activities of such contractors or
contract personnel.
(3) Format of report.--The report under paragraph (1) shall
be submitted in unclassified format, but may contain a
classified annex as appropriate.
SEC. 3. FEDERAL BUREAU OF INVESTIGATION INVESTIGATIVE UNIT FOR
CONTINGENCY OPERATIONS.
(a) Establishment of Theater Investigative Unit.--The Director of
the Federal Bureau of Investigation shall ensure that there are
adequate personnel through the creation of Theater Investigative Units
to investigate allegations of criminal violations of section 3261 of
title 18, United States Code, by contract personnel.
(b) Responsibilities of Theater Investigative Unit.--The Theater
Investigative Unit established for a theater of operations shall--
(1) investigate reports that raise reasonable suspicion of
criminal misconduct by contract personnel;
(2) investigate reports of fatalities resulting from the
potentially unlawful use of force by contract personnel; and
(3) upon conclusion of an investigation of alleged criminal
misconduct, refer the case to the Attorney General of the
United States for further action, as appropriate in the
discretion of the Attorney General.
(c) Responsibilities of Federal Bureau of Investigation.--
(1) Resources.--The Director of the Federal Bureau of
Investigation shall ensure that each Theater Investigative Unit
has adequate resources and personnel to carry out its
responsibilities.
(2) Notification.--The Director of the Federal Bureau of
Investigation shall notify Congress whenever a Theater
Investigative Unit is established or terminated in accordance
with this section.
(3) Security.--The Director of the Federal Bureau of
Investigation shall request security assistance from the
Secretary of Defense in any case in which a Theater
Investigative Unit does not have the resources or is otherwise
unable to provide adequate security to ensure the safety of
such Unit. The Director may not request or provide for security
for a Theater Investigate Unit from any individual or entity
other than the Federal Bureau of Investigation or the Secretary
of Defense.
(d) Assistance on Request of Attorney General.--In consultation
with the Director of the Federal Bureau of Investigation, the Attorney
General may request assistance from the Secretary of State, the
Secretary of Defense, the Secretary of Homeland Security, or the head
of any other Executive agency, notwithstanding any statute, rule, or
regulation to the contrary, including the assignment of additional
personnel and resources to a Theater Investigative Unit.
(e) Annual Report.--Not later than one year after the date on which
the Director of the Federal Bureau of Investigation ensures compliance
with the provisions of this Act pursuant to section 5(c), and annually
thereafter, the Director of the Federal Bureau of Investigation shall
submit to Congress a report containing--
(1) the number of reports received by Theater Investigative
Units relating to suspected criminal misconduct by contractors
or contract personnel;
(2) the number of reports received by Theater Investigative
Units relating to fatalities resulting from the use of force by
contractors or contract personnel;
(3) the number of cases referred by Theater Investigative
Units to the Attorney General for further investigation or
other action; and
(4) any recommended changes to Federal law that the
Director considers necessary to perform the duties of the
Director under this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) Covered contract.--The term ``covered contract'' means
an agreement--
(A) that is--
(i) a prime contract awarded by an agency;
(ii) a subcontract at any tier under any
prime contract awarded by an agency; or
(iii) a task order issued under a task or
delivery order contract entered into by an
agency; and
(B) according to which the work under such
contract, subcontract, or task order is carried out in
a region outside the United States in which the Armed
Forces are conducting a contingency operation.
(2) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(3) Contingency operation.--The term ``contingency
operation'' has the meaning given the term section 101(13) of
title 10, United States Code.
(4) Contractor.--The term ``contractor'' means an entity
performing a covered contract.
(5) Contract personnel.--The term ``contract personnel''
means persons assigned by a contractor (including
subcontractors at any tier) to perform work under a covered
contract.
SEC. 5. EFFECTIVE DATE.
(a) Applicability.--The provisions of this Act shall apply to all
covered contracts and all covered contract personnel in which the work
under the contract is carried out in an area, or in close proximity to
an area (as designated by the Department of Defense), where the Armed
Forces is conducting a contingency operation on or after the date of
the enactment of this Act.
(b) Immediate Effectiveness.--The provisions of this Act shall
enter into effect immediately upon the enactment of this Act.
(c) Implementation.--With respect to covered contracts and covered
contract personnel discussed in subsection (a)(1), the Director of the
Federal Bureau of Investigation, and the head of any other agency to
which this Act applies, shall have 90 days after the date of the
enactment of this Act to ensure compliance with the provisions of this
Act.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to affect intelligence
activities that are otherwise permissible prior to the enactment of
this Act.
Passed the House of Representatives October 4, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 413
110th CONGRESS
1st Session
H. R. 2740
_______________________________________________________________________
AN ACT
To require accountability for contractors and contract personnel under
Federal contracts, and for other purposes.
_______________________________________________________________________
October 5, 2007
Read the second time and ordered to be placed on the calendar