110 HR 2740 PCS: MEJA Expansion and Enforcement Act of
U.S. House of Representatives
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
MEJA Expansion and Enforcement Act of
2007
.
2.Legal status of
contract personnel
(a)Clarification of
the Military Extraterritorial Jurisdiction Act
(1)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)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)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)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)The report under
paragraph (1) shall be submitted in
unclassified format, but may contain a classified annex as appropriate.
3.Federal Bureau of
Investigation investigative unit for contingency operations
(a)Establishment of
Theater Investigative UnitThe 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 UnitThe 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)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)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)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 GeneralIn 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)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.
4.In this Act:
(1)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)The
term agency has the meaning given the term Executive
agency in section 105 of title 5, United States
Code.
(3)The term contingency operation has the
meaning given the term
section
101(13) of title 10, United States Code.
(4)The
term contractor means an entity performing a covered
contract.
(5)The term contract personnel means persons
assigned by a contractor (including subcontractors at any tier) to perform work
under a covered contract.
5.
(a)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)The provisions of this Act shall enter into effect
immediately upon the enactment of this Act.
(c)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.
6.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.
Lorraine C. Miller,
Clerk.
October 5, 2007
Read the second time and ordered to be placed on the
calendar