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Calendar No. 413 

110TH CONGRESS 

1ST SESSION H. R. 2740 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 4, 2007 

Received and read the first time 

OCTOBER 5, 2007 

Read the second time and ordered to be placed on the calendar 

AN ACT 

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 an area, or in close 

14 proximity to an area (as designated by the Depart15 ment of Defense), where the Armed Forces is con16 ducting a contingency operation,’’. 

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

18 United States Code, is amended by adding at the 

19 end the following: 

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

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

22 title 10.’’. 

23 (b) DEPARTMENT OF JUSTICE INSPECTOR GENERAL

24 REPORT.— 


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1 (1) REPORT REQUIRED.—Not later than 180 

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

3 Inspector General of the Department of Justice shall 

4 submit to Congress a report in accordance with this 

5 subsection. 

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

7 paragraph (1) shall include— 

8 (A) a description of the status of Depart9 ment of Justice investigations of alleged viola10 tions of section 3261 of title 18, United States 

11 Code, to have been committed by contract per12 sonnel, which shall include— 

13 (i) the number of complaints received 

14 by the Department of Justice; 

15 (ii) the number of investigations into 

16 complaints opened by the Department of 

17 Justice; 

18 (iii) the number of criminal cases 

19 opened by the Department of Justice; and 

20 (iv) the number and result of criminal 

21 cases closed by the Department of Justice; 

22 (B) findings and recommendations about 

23 the number of criminal cases prosecuted by the 

24 Department of Justice involving violations of 


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1 section 3261 of title 18, United States Code; 

2 and 

3 (C) with respect to covered contracts where 

4 the work under such contracts is carried out in 

5 Iraq or Afghanistan— 

6 (i) a list of each charge brought 

7 against contractors or contract personnel 

8 performing work under such a covered con9 tract, including— 

10 (I) a description of the offense 

11 with which a contractor or contract 

12 personnel were charged; and 

13 (II) the disposition of such 

14 charge; and 

15 (ii) a description of any legal actions 

16 taken by the United States Government 

17 against contractors or contract personnel 

18 as a result of— 

19 (I) a criminal charge brought 

20 against such contractors or contract 

21 personnel; or 

22 (II) a complaint received regard23 ing the activities of such contractors 

24 or contract personnel. 


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

2 paragraph (1) shall be submitted in unclassified for3 mat, but may contain a classified annex as appro4 priate. 

5 SEC. 3. FEDERAL BUREAU OF INVESTIGATION INVESTIGA6 TIVE UNIT FOR CONTINGENCY OPERATIONS. 

7 (a) ESTABLISHMENT OF THEATER INVESTIGATIVE

8 UNIT.—The Director of the Federal Bureau of Investiga9 tion shall ensure that there are adequate personnel 

10 through the creation of Theater Investigative Units to in11 vestigate allegations of criminal violations of section 3261 

12 of title 18, United States Code, by contract personnel. 

13 (b) RESPONSIBILITIES OF THEATER INVESTIGATIVE

14 UNIT.—The Theater Investigative Unit established for a 

15 theater of operations shall— 

16 (1) investigate reports that raise reasonable 

17 suspicion of criminal misconduct by contract per18 sonnel; 

19 (2) investigate reports of fatalities resulting 

20 from the potentially unlawful use of force by con21 tract 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 acVerDate Aug 31 2005 01:57 Oct 16, 2007 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740

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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 (3) SECURITY.—The Director of the Federal 

14 Bureau of Investigation shall request security assist15 ance from the Secretary of Defense in any case in 

16 which a Theater Investigative Unit does not have 

17 the resources or is otherwise unable to provide ade18 quate security to ensure the safety of such Unit. The 

19 Director may not request or provide for security for 

20 a Theater Investigate Unit from any individual or 

21 entity other than the Federal Bureau of Investiga22 tion or the Secretary of Defense. 

23 (d) ASSISTANCE ON REQUEST OF ATTORNEY GEN24 ERAL.—In consultation with the Director of the Federal 

25 Bureau of Investigation, the Attorney General may reVerDate Aug 31 2005 01:57 Oct 16, 2007 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2740.PCS H2740

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1 quest assistance from the Secretary of State, the Secretary 

2 of Defense, the Secretary of Homeland Security, or the 

3 head of any other Executive agency, notwithstanding any 

4 statute, rule, or regulation to the contrary, including the 

5 assignment of additional personnel and resources to a 

6 Theater Investigative Unit. 

7 (e) ANNUAL REPORT.—Not later than one year after 

8 the date on which the Director of the Federal Bureau of 

9 Investigation ensures compliance with the provisions of 

10 this Act pursuant to section 5(c), and annually thereafter, 

11 the Director of the Federal Bureau of Investigation shall 

12 submit to Congress a report containing— 

13 (1) the number of reports received by Theater 

14 Investigative Units relating to suspected criminal 

15 misconduct by contractors or contract personnel; 

16 (2) the number of reports received by Theater 

17 Investigative Units relating to fatalities resulting 

18 from the use of force by contractors or contract per19 sonnel; 

20 (3) the number of cases referred by Theater In21 vestigative Units to the Attorney General for further 

22 investigation or other action; and 

23 (4) any recommended changes to Federal law 

24 that the Director considers necessary to perform the 

25 duties of the Director under this Act. 


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1 SEC. 4. DEFINITIONS. 

2 In this Act: 

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

4 contract’’ means an agreement— 

5 (A) that is— 

6 (i) a prime contract awarded by an 

7 agency; 

8 (ii) a subcontract at any tier under 

9 any prime contract awarded by an agency; 

10 or 

11 (iii) a task order issued under a task 

12 or delivery order contract entered into by 

13 an agency; and 

14 (B) according to which the work under 

15 such contract, subcontract, or task order is car16 ried out in a region outside the United States 

17 in which the Armed Forces are conducting a 

18 contingency operation. 

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

20 meaning given the term ‘‘Executive agency’’ in sec21 tion 105 of title 5, United States Code. 

22 (3) CONTINGENCY OPERATION.—The term 

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

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

25 Code. 


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

2 means an entity performing a covered contract. 

3 (5) CONTRACT PERSONNEL.—The term ‘‘con4 tract personnel’’ means persons assigned by a con5 tractor (including subcontractors at any tier) to per6 form work under a covered contract. 

7 SEC. 5. EFFECTIVE DATE. 

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

9 apply to all covered contracts and all covered contract per10 sonnel in which the work under the contract is carried out 

11 in an area, or in close proximity to an area (as designated 

12 by the Department of Defense), where the Armed Forces 

13 is conducting a contingency operation on or after the date 

14 of the enactment of this Act. 

15 (b) IMMEDIATE EFFECTIVENESS.—The provisions of 

16 this Act shall enter into effect immediately upon the enact17 ment of this Act. 

18 (c) IMPLEMENTATION.—With respect to covered con19 tracts and covered contract personnel discussed in sub20 section (a)(1), the Director of the Federal Bureau of In21 vestigation, and the head of any other agency to which 

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

23 enactment of this Act to ensure compliance with the provi24 sions of this Act. 


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1 SEC. 6. RULE OF CONSTRUCTION. 

2 Nothing in this Act shall be construed to affect intel3 ligence activities that are otherwise permissible prior to 

4 the enactment of this Act. 

Passed the House of Representatives October 4, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 413 

110TH CONGRESS 

1ST SESSION H. R. 2740 

AN ACT 

To require accountability for contractors and conother purposes. tract personnel under Federal contracts, and for 

OCTOBER 5, 2007 

Read the second time and ordered to be placed on the 

calendar 


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