110TH CONGRESS 

1ST SESSION H. R. 2740 

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, 
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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, 

9 is 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 

15 following: 

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 

25 end the following: 
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1 ‘‘(5) The term ‘contingency operation’ has the 

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

3 title 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 
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1 (iv) the number and result of criminal 

2 cases closed by the Department of Justice; 

3 (B) findings and recommendations about 

4 the number of criminal cases prosecuted by the 

5 Department of Justice involving violations of 

6 section 3261 of title 18, United States Code; 

7 and 

8 (C) with respect to covered contracts where 

9 the work under such contracts is carried out in 

10 Iraq or Afghanistan— 

11 (i) a list of each charge brought 

12 against contractors or contract personnel 

13 performing work under such a covered con14 tract, including— 

15 (I) a description of the offense 

16 with which a contractor or contract 

17 personnel were charged; and 

18 (II) the disposition of such 

19 charge; and 

20 (ii) a description of any legal actions 

21 taken by the United States Government 

22 against contractors or contract personnel 

23 as a result of— 
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1 (I) a criminal charge brought 

2 against such contractors or contract 

3 personnel; or 

4 (II) a complaint received regard5 ing the activities of such contractors 

6 or contract personnel. 

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

8 paragraph (1) shall be submitted in unclassified for9 mat, but may contain a classified annex as appro10 priate. 

11 SEC. 3. FEDERAL BUREAU OF INVESTIGATION INVESTIGA12 TIVE UNIT FOR CONTINGENCY OPERATIONS. 

13 (a) ESTABLISHMENT OF THEATER INVESTIGATIVE

14 UNIT.—The Director of the Federal Bureau of Investiga15 tion shall ensure that there are adequate personnel 

16 through the creation of Theater Investigative Units to in17 vestigate allegations of criminal violations of section 3261 

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

19 (b) RESPONSIBILITIES OF THEATER INVESTIGATIVE

20 UNIT.—The Theater Investigative Unit established for a 

21 theater of operations shall— 

22 (1) investigate reports that raise reasonable 

23 suspicion of criminal misconduct by contract per24 sonnel; 
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1 (2) investigate reports of fatalities resulting 

2 from the potentially unlawful use of force by con3 tract personnel; and 

4 (3) upon conclusion of an investigation of al5 leged criminal misconduct, refer the case to the At6 torney General of the United States for further ac7 tion, as appropriate in the discretion of the Attorney 

8 General. 

9 (c) RESPONSIBILITIES OF FEDERAL BUREAU OF IN10 VESTIGATION.— 

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

12 Bureau of Investigation shall ensure that each The13 ater Investigative Unit has adequate resources and 

14 personnel to carry out its responsibilities. 

15 (2) NOTIFICATION.—The Director of the Fed16 eral Bureau of Investigation shall notify Congress 

17 whenever a Theater Investigative Unit is established 

18 or terminated in accordance with this section. 

19 (3) SECURITY.—The Director of the Federal 

20 Bureau of Investigation shall request security assist21 ance from the Secretary of Defense in any case in 

22 which a Theater Investigative Unit does not have 

23 the resources or is otherwise unable to provide ade24 quate security to ensure the safety of such Unit. The 

25 Director may not request or provide for security for 
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1 a Theater Investigate Unit from any individual or 

2 entity other than the Federal Bureau of Investiga3 tion or the Secretary of Defense. 

4 (d) ASSISTANCE ON REQUEST OF ATTORNEY GEN5 ERAL.—In consultation with the Director of the Federal 

6 Bureau of Investigation, the Attorney General may re7 quest assistance from the Secretary of State, the Secretary 

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

9 head of any other Executive agency, notwithstanding any 

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

11 assignment of additional personnel and resources to a 

12 Theater Investigative Unit. 

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

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

15 Investigation ensures compliance with the provisions of 

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

17 the Director of the Federal Bureau of Investigation shall 

18 submit to Congress a report containing— 

19 (1) the number of reports received by Theater 

20 Investigative Units relating to suspected criminal 

21 misconduct by contractors or contract personnel; 

22 (2) the number of reports received by Theater 

23 Investigative Units relating to fatalities resulting 

24 from the use of force by contractors or contract per25 sonnel; 
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1 (3) the number of cases referred by Theater In2 vestigative Units to the Attorney General for further 

3 investigation or other action; and 

4 (4) any recommended changes to Federal law 

5 that the Director considers necessary to perform the 

6 duties of the Director under this Act. 

7 SEC. 4. DEFINITIONS. 

8 In this Act: 

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

10 contract’’ means an agreement— 

11 (A) that is— 

12 (i) a prime contract awarded by an 

13 agency; 

14 (ii) a subcontract at any tier under 

15 any prime contract awarded by an agency; 

16 or 

17 (iii) a task order issued under a task 

18 or delivery order contract entered into by 

19 an agency; and 

20 (B) according to which the work under 

21 such contract, subcontract, or task order is car22 ried out in a region outside the United States 

23 in which the Armed Forces are conducting a 

24 contingency operation. 
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1 (2) AGENCY.—The term ‘‘agency’’ has the 

2 meaning given the term ‘‘Executive agency’’ in sec3 tion 105 of title 5, United States Code. 

4 (3) CONTINGENCY OPERATION.—The term 

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

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

7 Code. 

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

9 means an entity performing a covered contract. 

10 (5) CONTRACT PERSONNEL.—The term ‘‘con11 tract personnel’’ means persons assigned by a con12 tractor (including subcontractors at any tier) to per13 form work under a covered contract. 

14 SEC. 5. EFFECTIVE DATE. 

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

16 apply to all covered contracts and all covered contract per17 sonnel in which the work under the contract is carried out 

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

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

20 is conducting a contingency operation on or after the date 

21 of the enactment of this Act. 

22 (b) IMMEDIATE EFFECTIVENESS.—The provisions of 

23 this Act shall enter into effect immediately upon the enact24 ment of this Act. 
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1 (c) IMPLEMENTATION.—With respect to covered con2 tracts and covered contract personnel discussed in sub3 section (a)(1), the Director of the Federal Bureau of In4 vestigation, and the head of any other agency to which 

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

6 enactment of this Act to ensure compliance with the provi7 sions of this Act. 

8 SEC. 6. RULE OF CONSTRUCTION. 

9 Nothing in this Act shall be construed to affect intel10 ligence activities that are otherwise permissible prior to 

11 the enactment of this Act. 

Passed the House of Representatives October 4, 

2007. 

Attest: 

Clerk. 

110TH CONGRESS 

1ST SESSION H. R. 2740 

AN ACT 

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