[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2782 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2782

     To provide personal jurisdiction in causes of action against 
   contractors of the United States performing contracts abroad with 
   respect to members of the Armed Forces, civilian employees of the 
    United States, and United States citizen employees of companies 
  performing work for the United States in connection with contractor 
                  activities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2009

 Mrs. McCaskill (for herself, Ms. Collins, Mr. Bennett, Mr. Brown, Mr. 
Nelson of Florida, Mr. LeMieux, and Mr. Casey) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
     To provide personal jurisdiction in causes of action against 
   contractors of the United States performing contracts abroad with 
   respect to members of the Armed Forces, civilian employees of the 
    United States, and United States citizen employees of companies 
  performing work for the United States in connection with contractor 
                  activities, 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 ``Lieutenant Colonel Dominic `Rocky' 
Baragona Justice for American Heroes Harmed by Contractors Act''.

SEC. 2. DEBARMENT OR SUSPENSION OF UNITED STATES GOVERNMENT CONTRACTORS 
              FOR EVASION OF PROCESS OR FAILURE TO APPEAR IN ACTIONS IN 
              CONNECTION WITH GOVERNMENT CONTRACTS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Federal Acquisition Regulatory Council established 
under section 25(a) of the Office of Federal Procurement Policy Act (41 
U.S.C. 421(a)) shall amend the Federal Acquisition Regulation to 
provide that a contractor with the United States may be debarred or 
suspended from contracting with the United States if--
            (1) the contractor evades service of process in any civil 
        action or criminal prosecution brought against the contractor 
        by the United States or a citizen or national of the United 
        States in connection with the performance of the contract; or
            (2) the contractor refuses or fails to appear before a 
        Federal court in a matter brought against the contractor by the 
        United States or a citizen or national of the United States in 
        connection with the performance of the contract.
    (b) Applicability.--The amendments to the Federal Acquisition 
Regulation made under subsection (a) shall apply to any action of a 
contractor that occurs on or after the effective date of the 
amendments.

SEC. 3. PERSONAL JURISDICTION IN COVERED CIVIL ACTIONS BY MEMBERS OF 
              THE ARMED FORCES, CIVILIAN EMPLOYEES OF THE UNITED 
              STATES, AND UNITED STATES CITIZEN EMPLOYEES OF COMPANIES 
              PERFORMING WORK FOR THE UNITED STATES AGAINST ENTITIES 
              UNDER UNITED STATES GOVERNMENT CONTRACTS PERFORMED 
              ABROAD.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Federal Acquisition Regulatory Council established 
under section 25(a) of the Office of Federal Procurement Policy Act (41 
U.S.C. 421(a)) shall amend the Federal Acquisition Regulation to 
require that any covered contract--
            (1) requires that the contractor consent to personal 
        jurisdiction over the contractor by the Federal courts with 
        respect to any covered civil action, including a covered civil 
        action against 1 or more employees of the contractor for which 
        the contractor may be liable under theories of vicarious 
        liability;
            (2) specifies that consent to personal jurisdiction under 
        paragraph (1) shall not operate to deprive or terminate 
        personal jurisdiction of the contractor in any court that 
        otherwise has personal jurisdiction under another provision of 
        law;
            (3) requires the contractor to consent to personal 
        jurisdiction in the United States District Court for the 
        District of Columbia for a covered civil action in which--
                    (A) the events giving rise to the cause of action 
                occurred outside the United States; and
                    (B) personal jurisdiction cannot be established in 
                another Federal court; and
            (4) if the covered contract has a value of not less than 
        $5,000,000 and was awarded to a contractor that does not 
        maintain an office in the United States, requires that the 
        contractor designate an agent located in the United States for 
        service of process in any covered civil action; and
            (5) requires that--
                    (A) except as provided in subparagraph (B), any 
                covered civil action shall be analyzed in accordance 
                with the laws of the United States; and
                    (B) the substantive law of the State in which the 
                covered civil action is brought shall be the law 
                applicable to a covered civil action if--
                            (i) the substantive law otherwise 
                        applicable to the covered civil action would be 
                        the law of the location where the events giving 
                        rise to the cause action occurred; and
                            (ii) the location is designated as a 
                        hazardous duty zone by the Secretary of 
                        Defense.
    (b) Applicability.--
            (1) In general.--The amendments to the Federal Acquisition 
        Regulation made under subsection (a) shall apply with respect 
        to any covered contract that is entered into on or after the 
        effective date of the amendments under subsection (a).
            (2) Prospective applicability under certain current 
        contracts.--For a covered contract that is an indefinite 
        delivery, indefinite quantity contract or blanket purchase 
        agreement in effect on the effective date of the amendments to 
        the Federal Acquisition Regulation made under subsection (a), 
        the amendments to the Federal Acquisition Regulation made under 
        subsection (a) shall apply to any task order under the covered 
        contract, including any subcontract of the covered contract, 
        that is made on or after the effective date of the amendments.

SEC. 4. PERSONAL JURISDICTION FOR CIVIL OR CRIMINAL SUITS BROUGHT BY 
              THE UNITED STATES GOVERNMENT ALLEGING WRONGDOING UNDER 
              UNITED STATES GOVERNMENT CONTRACTS PERFORMED ABROAD.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Federal Acquisition Regulatory Council established 
under section 25(a) of the Office of Federal Procurement Policy Act (41 
U.S.C. 421(a)) shall amend the Federal Acquisition Regulation to 
require that any covered contract--
            (1) requires that the contractor consent to personal 
        jurisdiction over the contractor by the Federal courts with 
        respect to any civil action or criminal prosecution brought by 
        the United States alleging wrongdoing associated with the 
        performance of the covered contract;
            (2) specifies that consent to personal jurisdiction under 
        paragraph (1) shall not operate to deprive or terminate 
        personal jurisdiction of the contractor in any other court that 
        has personal jurisdiction under another provision of law;
            (3) requires the contractor to consent to personal 
        jurisdiction in the United States District Court for the 
        District of Columbia for a civil action or criminal prosecution 
        described in paragraph (1) in which--
                    (A) the events giving rise to the cause of action 
                occurred outside the United States; and
                    (B) personal jurisdiction cannot be established in 
                another Federal court; and
            (4) if the covered contract has a value of not less than 
        $5,000,000 and was awarded to a contractor that does not 
        maintain an office in the United States, requires that the 
        contractor designate an agent located in the United States for 
        service of process in any civil action or criminal prosecution 
        described in paragraph (1).
    (b) Applicability.--
            (1) In general.--The amendments to the Federal Acquisition 
        Regulation made under subsection (a) shall apply with respect 
        to any covered contract that is entered into on or after the 
        effective date of the amendments under subsection (a).
            (2) Prospective applicability under certain current 
        contracts.--For a covered contract that is an indefinite 
        delivery, indefinite quantity contract or blanket purchase 
        agreement in effect on the effective date of the amendments to 
        the Federal Acquisition Regulation made under subsection (a), 
        the amendments to the Federal Acquisition Regulation made under 
        subsection (a) shall apply to any task order under the covered 
        contract, including any subcontract of the covered contract, 
        that is made on or after the effective date of the amendments.

SEC. 5. SAVINGS CLAUSE.

    Nothing in this Act shall be construed to limit any cause of action 
or remedy under any other provision of law.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Contractor.--The term ``contractor'', with respect to a 
        contract, includes the contractor under the contract, any 
        subcontractor under the contract, any subordinate contractor 
        under the contract, any subsidiary, parent company, or 
        successor entity of the contractor formed to act as a successor 
        in interest of the contractor, and any employee thereof 
        performing work under or in connection with the contract.
            (2) Covered civil action.--The term ``covered civil 
        action'' means a civil action alleging a rape or sexual assault 
        of or serious bodily injury to a member of the Armed Forces of 
        the United States, civilian employee of the United States, or 
        employee of a company performing work for the United States who 
        is a citizen or national of the United States.
            (3) Covered contract.--The term ``covered contract''--
                    (A) means a contract, grant, or cooperative 
                agreement--
                            (i) for work to be performed outside the 
                        United States that is awarded or entered into 
                        by the United States (including any executive 
                        department, independent establishment, or 
                        agency thereof); and
                            (ii) with a value of not less than 
                        $1,000,000; and
                    (B) includes any subcontract or subordinate 
                contract, grant, or cooperative agreement under a 
                contract, grant, or cooperative agreement described in 
                subparagraph (A).
            (4) Rape.--The term ``rape'' means conduct that would 
        violate section 920(a) of title 10, United States Code (article 
        120(a) of the Uniform Code of Military Justice), if the conduct 
        was committed by a person subject to chapter 47 of title 10, 
        United States Code (the Uniform Code of Military Justice).
            (5) Serious bodily injury.--The term ``serious bodily 
        injury'' has the meaning given that term in section 1365 of 
        title 18, United States Code.
            (6) Sexual assault.--The term ``sexual assault'' means 
        conduct that would violate section 920(c), (h), or (m) of title 
        10, United States Code (article 120(c), (h), or (m) of the 
        Uniform Code of Military Justice), if the conduct was committed 
        by a person subject to chapter 47 of title 10, United States 
        Code (the Uniform Code of Military Justice).
            (7) United states.--The term ``United States'', in a 
        geographic sense--
                    (A) means the several States and the District of 
                Columbia; and
                    (B) does not include any military installation or 
                facility located outside the area described in 
                subparagraph (A).
                                 <all>