I 

110TH CONGRESS 

1ST SESSION H. R. 2740 

To require accountability for contractors and contract personnel under Federal 

contracts, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2007 

Mr. PRICE of North Carolina introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To require accountability for contractors and contract 

personnel under Federal contracts, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘MEJA Expansion and 

5 Enforcement Act of 2007’’. 

6 SEC. 2. LEGAL STATUS OF CONTRACT PERSONNEL. 

7 (a) CLARIFICATION OF THE MILITARY

8 EXTRATERRITORIAL JURISDICTION ACT.— 

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1 (1) INCLUSION OF CONTRACTORS.—Subsection 

2 (a) of section 3261 of title 18, United States Code, 

3 is amended— 

4 (A) by striking ‘‘or’’ at the end of para5 graph (1); 

6 (B) by striking the comma at the end of 

7 paragraph (2) and inserting ‘‘; or’’; and 

8 (C) by inserting after paragraph (2) the 

9 following: 

10 ‘‘(3) while employed under a contract (or sub11 contract at any tier) awarded by any department or 

12 agency of the United States, where the work under 

13 such contract is carried out in a region outside the 

14 United States in which the Armed Forces are con15 ducting a contingency operation,’’. 

16 (2) DEFINITION.—Section 3267 of title 18, 

17 United States Code, is amended by adding at the 

18 end the following: 

19 ‘‘(5) The term ‘contingency operation’ has the 

20 meaning given such term in section 101(a)(13) of 

21 title 10.’’. 

22 (b) DEPARTMENT OF JUSTICE INSPECTOR GENERAL

23 REPORT.— 

24 (1) REPORT REQUIRED.—Not later than 30 

25 days after the date of the enactment of this Act, the 

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1 Inspector General of the Department of Justice shall 

2 submit to Congress a report in accordance with this 

3 subsection. 

4 (2) CONTENT OF REPORT.—The report under 

5 paragraph (1) shall include— 

6 (A) a description of the status of Depart7 ment of Justice investigations of abuses alleged 

8 to have been committed by contract personnel, 

9 which shall include— 

10 (i) the number of complaints received 

11 by the Department of Justice; 

12 (ii) the number of investigations into 

13 complaints opened by the Department of 

14 Justice; 

15 (iii) the number of criminal cases 

16 opened by the Department of Justice; and 

17 (iv) the number and result of criminal 

18 cases closed by the Department of Justice; 

19 and 

20 (B) findings and recommendations about 

21 the capacity and effectiveness of the Depart22 ment of Justice in prosecuting misconduct by 

23 contract personnel. 

24 (3) FORMAT OF REPORT.—The report under 

25 paragraph (1) shall be submitted in unclassified formstockstill on PROD1PC66 with BILLS

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1 mat, but may contain a classified annex as appro2 priate. 

3 SEC. 3. FEDERAL BUREAU OF INVESTIGATION INVESTIGA4 TIVE UNIT FOR CONTINGENCY OPERATIONS. 

5 (a) ESTABLISHMENT OF THEATER INVESTIGATIVE

6 UNIT.—For each theater of operations established in con7 nection with a contingency operation in which contract 

8 personnel are carrying out work under a covered contract, 

9 the Director of the Federal Bureau of Investigation shall 

10 establish a Theater Investigative Unit, which shall be re11 sponsible for investigating allegations of criminal mis12 conduct under section 3261 of title 18, United States 

13 Code, by contract personnel. 

14 (b) RESPONSIBILITIES OF THEATER INVESTIGATIVE

15 UNIT.—The Theater Investigative Unit established for a 

16 theater of operations shall— 

17 (1) investigate reports that raise reasonable 

18 suspicion of criminal misconduct by contract per19 sonnel; 

20 (2) investigate reports of fatalities resulting 

21 from the use of force by contract personnel; and 

22 (3) upon conclusion of an investigation of al23 leged criminal misconduct, refer the case to the At24 torney General of the United States for further acmstockstill on PROD1PC66 with BILLS

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1 tion, as appropriate in the discretion of the Attorney 

2 General. 

3 (c) RESPONSIBILITIES OF FEDERAL BUREAU OF IN4 VESTIGATION.— 

5 (1) RESOURCES.—The Director of the Federal 

6 Bureau of Investigation shall ensure that each The7 ater Investigative Unit has adequate resources and 

8 personnel to carry out its responsibilities. 

9 (2) NOTIFICATION.—The Director of the Fed10 eral Bureau of Investigation shall notify Congress 

11 whenever a Theater Investigative Unit is established 

12 or terminated in accordance with this section. 

13 (d) RESPONSIBILITIES OF OTHER FEDERAL AGEN14 CIES.—An agency operating in a theater of operations in 

15 which a Theater Investigative Unit is established shall co16 operate with and support the activities of the Theater In17 vestigative Unit. Any investigation carried out by the In18 spector General of an agency shall be coordinated with the 

19 activities of the Theater Investigative Unit as appropriate. 

20 SEC. 4. DEFINITIONS. 

21 In this Act: 

22 (1) COVERED CONTRACT.—The term ‘‘covered 

23 contract’’ means an agreement— 

24 (A) that is— 

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1 (i) a prime contract awarded by an 

2 agency; 

3 (ii) a subcontract at any tier under 

4 any prime contract awarded by an agency; 

5 or 

6 (iii) a task order issued under a task 

7 or delivery order contract entered into by 

8 an agency; and 

9 (B) according to which the work under 

10 such contract, subcontract, or task order is car11 ried out in a region outside the United States 

12 in which the Armed Forces are conducting a 

13 contingency operation. 

14 (2) AGENCY.—The term ‘‘agency’’ has the 

15 meaning given the term ‘‘Executive agency’’ in sec16 tion 105 of title 5, United States Code. 

17 (3) CONTINGENCY OPERATION.—The term 

18 ‘‘contingency operation’’ has the meaning given the 

19 term section 101(13) of title 10, United States 

20 Code. 

21 (4) CONTRACTOR.—The term ‘‘contractor’’ 

22 means an entity performing a covered contract. 

23 (5) CONTRACT PERSONNEL.—The term ‘‘con24 tract personnel’’ means persons assigned by a conmstockstill on PROD1PC66 with BILLS

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1 tractor (including subcontractors at any tier) to per2 form work under a covered contract. 

3 SEC. 5. EFFECTIVE DATE. 

4 (a) APPLICABILITY.—The provisions of this Act shall 

5 apply to all covered contracts and all covered contract per6 sonnel in which the work under the contract is carried out 

7 in a theater of operations in which the United States is 

8 conducting contingency operations on or after the date of 

9 the enactment of this Act. 

10 (b) IMMEDIATE EFFECTIVENESS.—The provisions of 

11 this Act shall enter into effect immediately upon the enact12 ment of this Act. 

13 (c) IMPLEMENTATION.—With respect to covered con14 tracts and covered contract personnel discussed in sub15 section (a)(1), the Director of the Federal Bureau of In16 vestigation, and the head of any other agency to which 

17 this Act applies, shall have 90 days after the date of the 

18 enactment of this Act to ensure compliance with the provi19 sions of this Act. 

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