IB 

Union Calendar No. 217 

110TH CONGRESS 

1ST SESSION H. R. 2740 

[Report No. 110–352] 

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 

SEPTEMBER 27, 2007 

Additional sponsors: Mr. DEFAZIO, Mr. FILNER, Ms. WOOLSEY, Mr. HALL of 

New York, Mr. GRIJALVA, Mr. MCGOVERN, Mr. STARK, Mr. BRADY of 

Pennsylvania, Mr. DAVIS of Illinois, Mr. SPRATT, Ms. SCHAKOWSKY, Ms. 

HIRONO, Mr. BISHOP of New York, Mr. ELLISON, and Mr. BLUMENAUER

SEPTEMBER 27, 2007 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 15, 2007] 

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, 


hsrobinson on PROD1PC76 with BILLS
2 

•HR 2740 RH

1 SECTION 1. SHORT TITLE. 

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

3 Enforcement Act of 2007’’. 

4 SEC. 2. LEGAL STATUS OF CONTRACT PERSONNEL. 

5 (a) CLARIFICATION OF THE MILITARY

6 EXTRATERRITORIAL JURISDICTION ACT.— 

7 (1) INCLUSION OF CONTRACTORS.—Subsection 

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

9 amended— 

10 (A) by striking ‘‘or’’ at the end of para11 graph (1); 

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

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

14 (C) by inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) while employed under a contract (or sub17 contract at any tier) awarded by any department or 

18 agency of the United States, where the work under 

19 such contract is carried out in an area, or in close 

20 proximity to an area (as designated by the Depart21 ment of Defense), where the Armed Forces is con22 ducting a contingency operation,’’. 

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

24 United States Code, is amended by adding at the end 

25 the following: 


hsrobinson on PROD1PC76 with BILLS
3 

•HR 2740 RH

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

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

3 10.’’. 

4 (b) DEPARTMENT OF JUSTICE INSPECTOR GENERAL

5 REPORT.— 

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

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

8 Inspector General of the Department of Justice shall 

9 submit to Congress a report in accordance with this 

10 subsection. 

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

12 paragraph (1) shall include— 

13 (A) a description of the status of Depart14 ment of Justice investigations of alleged viola15 tions of section 3261 of title 18, United States 

16 Code, to have been committed by contract per17 sonnel, which shall include— 

18 (i) the number of complaints received 

19 by the Department of Justice; 

20 (ii) the number of investigations into 

21 complaints opened by the Department of 

22 Justice; 

23 (iii) the number of criminal cases 

24 opened by the Department of Justice; and 


hsrobinson on PROD1PC76 with BILLS
4 

•HR 2740 RH

1 (iv) the number and result of criminal 

2 cases closed by the Department of Justice; 

3 and 

4 (B) findings and recommendations about 

5 the number of criminal cases prosecuted by the 

6 Department of Justice involving violations of 

7 section 3261 of title 18, United States Code. 

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

9 paragraph (1) shall be submitted in unclassified for10 mat, but may contain a classified annex as appro11 priate. 

12 SEC. 3. FEDERAL BUREAU OF INVESTIGATION INVESTIGA13 TIVE UNIT FOR CONTINGENCY OPERATIONS. 

14 (a) ESTABLISHMENT OF THEATER INVESTIGATIVE

15 UNIT.—The Director of the Federal Bureau of Investigation 

16 shall ensure that there are adequate personnel through the 

17 creation of Theater Investigative Units to investigate allega18 tions of criminal violations of section 3261 of title 18, 

19 United States Code, by contract personnel. 

20 (b) RESPONSIBILITIES OF THEATER INVESTIGATIVE

21 UNIT.—The Theater Investigative Unit established for a 

22 theater of operations shall— 

23 (1) investigate reports that raise reasonable sus24 picion of criminal misconduct by contract personnel; 


hsrobinson on PROD1PC76 with BILLS
5 

•HR 2740 RH

1 (2) investigate reports of fatalities resulting from 

2 the use of force by contract personnel; and 

3 (3) upon conclusion of an investigation of alleged 

4 criminal misconduct, refer the case to the Attorney 

5 General of the United States for further action, as ap6 propriate in the discretion of the Attorney General. 

7 (c) RESPONSIBILITIES OF FEDERAL BUREAU OF IN8 VESTIGATION.— 

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

10 Bureau of Investigation shall ensure that each The11 ater Investigative Unit has adequate resources and 

12 personnel to carry out its responsibilities. 

13 (2) NOTIFICATION.—The Director of the Federal 

14 Bureau of Investigation shall notify Congress when15 ever a Theater Investigative Unit is established or ter16 minated in accordance with this section. 

17 (d) RESPONSIBILITIES OF OTHER FEDERAL AGEN18 CIES.—An agency operating in an area, or in close prox19 imity to an area (as designated by the Department of De20 fense), where the Armed Forces is conducting a contingency 

21 operation shall cooperate with and support the activities 

22 of the Theater Investigative Unit. Any investigation carried 

23 out by the Inspector General of an agency shall be coordi24 nated with the activities of the Theater Investigative Unit 

25 as appropriate. 


hsrobinson on PROD1PC76 with BILLS
6 

•HR 2740 RH

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 such 

15 contract, subcontract, or task order is carried out 

16 in a region outside the United States in which 

17 the Armed Forces are conducting a contingency 

18 operation. 

19 (2) AGENCY.—The term ‘‘agency’’ has the mean20 ing given the term ‘‘Executive agency’’ in section 105 

21 of title 5, United States Code. 

22 (3) CONTINGENCY OPERATION.—The term ‘‘con23 tingency operation’’ has the meaning given the term 

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

25 (4) CONTRACTOR.—The term ‘‘contractor’’ means 

26 an entity performing a covered contract. 


hsrobinson on PROD1PC76 with BILLS
7 

•HR 2740 RH

1 (5) CONTRACT PERSONNEL.—The term ‘‘contract 

2 personnel’’ means persons assigned by a contractor 

3 (including subcontractors at any tier) to perform 

4 work under a covered contract. 

5 SEC. 5. EFFECTIVE DATE. 

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

7 apply to all covered contracts and all covered contract per8 sonnel in which the work under the contract is carried out 

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

10 by the Department of Defense), where the Armed Forces is 

11 conducting a contingency operation on or after the date of 

12 the enactment of this Act. 

13 (b) IMMEDIATE EFFECTIVENESS.—The provisions of 

14 this Act shall enter into effect immediately upon the enact15 ment of this Act. 

16 (c) IMPLEMENTATION.—With respect to covered con17 tracts and covered contract personnel discussed in sub18 section (a)(1), the Director of the Federal Bureau of Inves19 tigation, and the head of any other agency to which this 

20 Act applies, shall have 90 days after the date of the enact21 ment of this Act to ensure compliance with the provisions 

22 of this Act. 


hsrobinson on PROD1PC76 with BILLS
Union Calendar No. 217 

110TH CONGRESS 

1ST SESSION H. R. 2740 

[Report No. 110

–352] 

A BILL 

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

SEPTEMBER 27, 2007 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


hsrobinson on PROD1PC76 with BILLS