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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2740 Placed on Calendar Senate (PCS)]

                                                       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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``MEJA Expansion and Enforcement Act 
of 2007''.

SEC. 2. LEGAL STATUS OF CONTRACT PERSONNEL.

    (a) Clarification of the Military Extraterritorial Jurisdiction 
Act.--
            (1) Inclusion of contractors.--Subsection (a) of section 
        3261 of title 18, United States Code, is amended--
                    (A) by striking ``or'' at the end of paragraph (1);
                    (B) by striking the comma at the end of paragraph 
                (2) and inserting ``; or''; and
                    (C) by inserting after paragraph (2) the following:
            ``(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,''.
            (2) Definition.--Section 3267 of title 18, United States 
        Code, is amended by adding at the end the following:
            ``(5) The term `contingency operation' has the meaning 
        given such term in section 101(a)(13) of title 10.''.
    (b) Department of Justice Inspector General Report.--
            (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.
            (2) Content of report.--The report under paragraph (1) 
        shall include--
                    (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--
                            (i) the number of complaints received by 
                        the Department of Justice;
                            (ii) the number of investigations into 
                        complaints opened by the Department of Justice;
                            (iii) the number of criminal cases opened 
                        by the Department of Justice; and
                            (iv) the number and result of criminal 
                        cases closed by the Department of Justice;
                    (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; and
                    (C) with respect to covered contracts where the 
                work under such contracts is carried out in Iraq or 
                Afghanistan--
                            (i) a list of each charge brought against 
                        contractors or contract personnel performing 
                        work under such a covered contract, including--
                                    (I) a description of the offense 
                                with which a contractor or contract 
                                personnel were charged; and
                                    (II) the disposition of such 
                                charge; and
                            (ii) a description of any legal actions 
                        taken by the United States Government against 
                        contractors or contract personnel as a result 
                        of--
                                    (I) a criminal charge brought 
                                against such contractors or contract 
                                personnel; or
                                    (II) a complaint received regarding 
                                the activities of such contractors or 
                                contract personnel.
            (3) Format of report.--The report under paragraph (1) shall 
        be submitted in unclassified format, but may contain a 
        classified annex as appropriate.

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.
    (b) Responsibilities of Theater Investigative Unit.--The Theater 
Investigative Unit established for a theater of operations shall--
            (1) investigate reports that raise reasonable suspicion of 
        criminal misconduct by contract personnel;
            (2) investigate reports of fatalities resulting from the 
        potentially unlawful use of force by contract personnel; and
            (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.
    (c) Responsibilities of Federal Bureau of Investigation.--
            (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.
            (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.
            (3) Security.--The Director of the Federal Bureau of 
        Investigation shall request security assistance from the 
        Secretary of Defense in any case in which a Theater 
        Investigative Unit does not have the resources or is otherwise 
        unable to provide adequate security to ensure the safety of 
        such Unit. The Director may not request or provide for security 
        for a Theater Investigate Unit from any individual or entity 
        other than the Federal Bureau of Investigation or the Secretary 
        of Defense.
    (d) Assistance on Request of Attorney General.--In consultation 
with the Director of the Federal Bureau of Investigation, the Attorney 
General may request assistance from the Secretary of State, the 
Secretary of Defense, the Secretary of Homeland Security, or the head 
of any other Executive agency, notwithstanding any statute, rule, or 
regulation to the contrary, including the assignment of additional 
personnel and resources to a Theater Investigative Unit.
    (e) Annual Report.--Not later than one year after the date on which 
the Director of the Federal Bureau of Investigation ensures compliance 
with the provisions of this Act pursuant to section 5(c), and annually 
thereafter, the Director of the Federal Bureau of Investigation shall 
submit to Congress a report containing--
            (1) the number of reports received by Theater Investigative 
        Units relating to suspected criminal misconduct by contractors 
        or contract personnel;
            (2) the number of reports received by Theater Investigative 
        Units relating to fatalities resulting from the use of force by 
        contractors or contract personnel;
            (3) the number of cases referred by Theater Investigative 
        Units to the Attorney General for further investigation or 
        other action; and
            (4) any recommended changes to Federal law that the 
        Director considers necessary to perform the duties of the 
        Director under this Act.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Covered contract.--The term ``covered contract'' means 
        an agreement--
                    (A) that is--
                            (i) a prime contract awarded by an agency;
                            (ii) a subcontract at any tier under any 
                        prime contract awarded by an agency; or
                            (iii) a task order issued under a task or 
                        delivery order contract entered into by an 
                        agency; and
                    (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.
            (2) Agency.--The term ``agency'' has the meaning given the 
        term ``Executive agency'' in section 105 of title 5, United 
        States Code.
            (3) Contingency operation.--The term ``contingency 
        operation'' has the meaning given the term section 101(13) of 
        title 10, United States Code.
            (4) Contractor.--The term ``contractor'' means an entity 
        performing a covered contract.
            (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.

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.
    (b) Immediate Effectiveness.--The provisions of this Act shall 
enter into effect immediately upon the enactment of this Act.
    (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.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to affect intelligence 
activities that are otherwise permissible prior to the enactment of 
this Act.

            Passed the House of Representatives October 4, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                       Calendar No. 413

110th CONGRESS

  1st Session

                               H. R. 2740

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                            October 5, 2007

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