HR 2740 EHPCSCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `MEJA Expansion and Enforcement Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. LEGAL STATUS OF CONTRACT PERSONNEL.

(a) Clarification of the Military Extraterritorial Jurisdiction Act-CommentsClose CommentsPermalink





(1) INCLUSION OF CONTRACTORS- Subsection (a) of section 3261 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) by striking `or' at the end of paragraph (1);CommentsClose CommentsPermalink





(B) by striking the comma at the end of paragraph (2) and inserting `; or'; andCommentsClose CommentsPermalink





(C) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink





`(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,'.CommentsClose CommentsPermalink





(2) DEFINITION- Section 3267 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(5) The term `contingency operation' has the meaning given such term in section 101(a)(13) of title 10.'.CommentsClose CommentsPermalink





(b) Department of Justice Inspector General Report-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) CONTENT OF REPORT- The report under paragraph (1) shall include--CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) the number of complaints received by the Department of Justice;CommentsClose CommentsPermalink





(ii) the number of investigations into complaints opened by the Department of Justice;CommentsClose CommentsPermalink





(iii) the number of criminal cases opened by the Department of Justice; andCommentsClose CommentsPermalink





(iv) the number and result of criminal cases closed by the Department of Justice;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(C) with respect to covered contracts where the work under such contracts is carried out in Iraq or Afghanistan--CommentsClose CommentsPermalink





(i) a list of each charge brought against contractors or contract personnel performing work under such a covered contract, including--CommentsClose CommentsPermalink





(I) a description of the offense with which a contractor or contract personnel were charged; andCommentsClose CommentsPermalink





(II) the disposition of such charge; andCommentsClose CommentsPermalink





(ii) a description of any legal actions taken by the United States Government against contractors or contract personnel as a result of--CommentsClose CommentsPermalink





(I) a criminal charge brought against such contractors or contract personnel; orCommentsClose CommentsPermalink





(II) a complaint received regarding the activities of such contractors or contract personnel.CommentsClose CommentsPermalink





(3) FORMAT OF REPORT- The report under paragraph (1) shall be submitted in unclassified format, but may contain a classified annex as appropriate.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Responsibilities of Theater Investigative Unit- The Theater Investigative Unit established for a theater of operations shall--CommentsClose CommentsPermalink





(1) investigate reports that raise reasonable suspicion of criminal misconduct by contract personnel;CommentsClose CommentsPermalink





(2) investigate reports of fatalities resulting from the potentially unlawful use of force by contract personnel; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Responsibilities of Federal Bureau of Investigation-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) SECURITY- The Director of the Federal Bureau of Investigation shall request security assistance from the Secretary of Defense in any case in which a Theater Investigative Unit does not have the resources or is otherwise unable to provide adequate security to ensure the safety of such Unit. The Director may not request or provide for security for a Theater Investigate Unit from any individual or entity other than the Federal Bureau of Investigation or the Secretary of Defense.CommentsClose CommentsPermalink





(d) Assistance on Request of Attorney General- In consultation with the Director of the Federal Bureau of Investigation, the Attorney General may request assistance from the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, or the head of any other Executive agency, notwithstanding any statute, rule, or regulation to the contrary, including the assignment of additional personnel and resources to a Theater Investigative Unit.CommentsClose CommentsPermalink





(e) Annual Report- Not later than one year after the date on which the Director of the Federal Bureau of Investigation ensures compliance with the provisions of this Act pursuant to section 5(c), and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to Congress a report containing--CommentsClose CommentsPermalink





(1) the number of reports received by Theater Investigative Units relating to suspected criminal misconduct by contractors or contract personnel;CommentsClose CommentsPermalink





(2) the number of reports received by Theater Investigative Units relating to fatalities resulting from the use of force by contractors or contract personnel;CommentsClose CommentsPermalink





(3) the number of cases referred by Theater Investigative Units to the Attorney General for further investigation or other action; andCommentsClose CommentsPermalink





(4) any recommended changes to Federal law that the Director considers necessary to perform the duties of the Director under this Act.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) COVERED CONTRACT- The term `covered contract' means an agreement--CommentsClose CommentsPermalink





(A) that is--CommentsClose CommentsPermalink





(i) a prime contract awarded by an agency;CommentsClose CommentsPermalink





(ii) a subcontract at any tier under any prime contract awarded by an agency; orCommentsClose CommentsPermalink





(iii) a task order issued under a task or delivery order contract entered into by an agency; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) AGENCY- The term `agency' has the meaning given the term `Executive agency' in section 105 of title 5, United States Code.CommentsClose CommentsPermalink





(3) CONTINGENCY OPERATION- The term `contingency operation' has the meaning given the term section 101(13) of title 10, United States Code.CommentsClose CommentsPermalink





(4) CONTRACTOR- The term `contractor' means an entity performing a covered contract.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Immediate Effectiveness- The provisions of this Act shall enter into effect immediately upon the enactment of this Act.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 6. RULE OF CONSTRUCTION.

Nothing in this Act shall be construed to affect intelligence activities that are otherwise permissible prior to the enactment of this Act.CommentsClose CommentsPermalink

Passed the House of Representatives October 4, 2007.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk. LORRAINE C. MILLER, CommentsClose CommentsPermalink

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