1.This Act may be cited as the
Lieutenant Colonel Dominic Rocky
Baragona Justice for
American Heroes Harmed by Contractors Act
.
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)Not later than 180 days after the date of enactment of
this Act, the Federal Acquisition Regulatory Council established under section
1302(a) of title 41, United States Code, 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)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)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.
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)Not later than 180
days after the date of enactment of this Act, the Federal Acquisition
Regulatory Council established under section 1302(a) of title 41, United States
Code, 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)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).
4.Personal
jurisdiction for actions brought by the United States Government alleging
wrongdoing under United States Government contracts performed abroad
(a)Not later than 180 days after the date of enactment of
this Act, the Federal Acquisition Regulatory Council established under section
1302(a) of title 41, United States Code, 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)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)Nothing in this section shall be construed to limit
any other jurisdictional basis for a civil action against or criminal
prosecution of a contractor.
5.Nothing in this Act
shall be construed to limit any cause of action or remedy under any other
provision of law.
6.In this Act:
(1)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)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)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)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)The term serious bodily injury has the
meaning given that term in section 1365 of title 18, United States Code.
(6)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)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).