S 2147 ISCommentsClose CommentsPermalink

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

October 4, 2007

Mr. REID (for Mr. OBAMA (for himself, Mr. DURBIN, Mr. WHITEHOUSE, Mr. BYRD, and Mr. KERRY)) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose 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 `Security Contractor Accountability 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; andCommentsClose 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.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 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





(d) Responsibilities of Other Federal Agencies- An 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.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