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

                                                       Calendar No. 682
111th CONGRESS
  2d 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, Mr. Casey, Mr. Tester, Mr. Leahy, and 
Mr. Whitehouse) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                            December 9, 2010

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Lieutenant Colonel Dominic 
`Rocky' Baragona Justice for American Heroes Harmed by Contractors 
Act''.</DELETED>

<DELETED>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.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>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.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) the events giving rise to the cause of 
                action occurred outside the United States; 
                and</DELETED>
                <DELETED>    (B) personal jurisdiction cannot be 
                established in another Federal court; and</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) requires that--</DELETED>
                <DELETED>    (A) except as provided in subparagraph 
                (B), any covered civil action shall be analyzed in 
                accordance with the laws of the United States; 
                and</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) the location is designated as 
                        a hazardous duty zone by the Secretary of 
                        Defense.</DELETED>
<DELETED>    (b) Applicability.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>

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

<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the events giving rise to the cause of 
                action occurred outside the United States; 
                and</DELETED>
                <DELETED>    (B) personal jurisdiction cannot be 
                established in another Federal court; and</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Applicability.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. SAVINGS CLAUSE.</DELETED>

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

<DELETED>SEC. 6. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Covered contract.--The term ``covered 
        contract''--</DELETED>
                <DELETED>    (A) means a contract, grant, or 
                cooperative agreement--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) with a value of not less than 
                        $1,000,000; and</DELETED>
                <DELETED>    (B) includes any subcontract or 
                subordinate contract, grant, or cooperative agreement 
                under a contract, grant, or cooperative agreement 
                described in subparagraph (A).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (5) Serious bodily injury.--The term ``serious 
        bodily injury'' has the meaning given that term in section 1365 
        of title 18, United States Code.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (7) United states.--The term ``United States'', in 
        a geographic sense--</DELETED>
                <DELETED>    (A) means the several States and the 
                District of Columbia; and</DELETED>
                <DELETED>    (B) does not include any military 
                installation or facility located outside the area 
                described in subparagraph (A).</DELETED>

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 180 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 an obligation under the terms 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 an obligation under the terms 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.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to limit the ability of a contractor to assert any settled 
right under the Constitution of the United States.

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 180 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 in accordance with paragraphs 
        (3) through (5) 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 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 (including the 
                District of Columbia) 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.--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).

SEC. 4. PERSONAL JURISDICTION FOR ACTIONS BROUGHT BY THE UNITED STATES 
              GOVERNMENT ALLEGING WRONGDOING UNDER UNITED STATES 
              GOVERNMENT CONTRACTS PERFORMED ABROAD.

    (a) In General.--Not later than 180 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 action 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 any action 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 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 action described in 
        paragraph (1).
    (b) Applicability.--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).
    (c) Rule of Construction.--Nothing in this section shall be 
construed to limit any other jurisdictional basis for a civil action 
against or criminal prosecution of a contractor.

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 arising out of the 
        performance of the covered contract 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--
                            (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 
                        $5,000,000; and
                    (B) includes any subcontract or subordinate 
                contract under a contract 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).
                                                       Calendar No. 682

111th CONGRESS

  2d Session

                                S. 2782

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 9, 2010

                       Reported with an amendment