[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2147 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2147

To require accountability for contractors and contract personnel under 
               Federal contracts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2007

 Mr. Reid (for Mr. Obama (for himself, Mr. Durbin, Mr. Whitehouse, Mr. 
  Byrd, and Mr. Kerry)) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
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 ``Security Contractor Accountability 
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; and
                    (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.
            (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 
        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.
    (d) Responsibilities of Other Federal Agencies.--An agency 
operating 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 shall cooperate with and support the activities 
of the Theater Investigative Unit. Any investigation carried out by the 
Inspector General of an agency shall be coordinated with the activities 
of the Theater Investigative Unit as appropriate.

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.
                                 <all>