1.This Act may be cited as the
Security Contractor Accountability 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;
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)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 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.
(d)Responsibilities
of other Federal agenciesAn
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.
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.