II 

111TH CONGRESS 

1ST SESSION S. 2782 

To provide personal jurisdiction in causes of action against contractors of 

the United States performing contracts abroad with respect to members 

of the Armed Forces, civilian employees of the United States, and United 

States citizen employees of companies performing work for the United 

States in connection with contractor activities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2009 

Mrs. MCCASKILL (for herself, Ms. COLLINS, Mr. BENNETT, Mr. BROWN, Mr. 

NELSON of Florida, Mr. LEMIEUX, and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To provide personal jurisdiction in causes of action against 

contractors of the United States performing contracts 

abroad with respect to members of the Armed Forces, 

civilian employees of the United States, and United 

States citizen employees of companies performing work 

for the United States in connection with contractor activities, 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 ‘‘Lieutenant Colonel 

3 Dominic ‘Rocky’ Baragona Justice for American Heroes 

4 Harmed by Contractors Act’’. 

5 SEC. 2. DEBARMENT OR SUSPENSION OF UNITED STATES 

6 GOVERNMENT CONTRACTORS FOR EVASION 

7 OF PROCESS OR FAILURE TO APPEAR IN AC8 TIONS IN CONNECTION WITH GOVERNMENT 

9 CONTRACTS. 

10 (a) IN GENERAL.—Not later than 90 days after the 

11 date of enactment of this Act, the Federal Acquisition 

12 Regulatory Council established under section 25(a) of the 

13 Office of Federal Procurement Policy Act (41 U.S.C. 

14 421(a)) shall amend the Federal Acquisition Regulation 

15 to provide that a contractor with the United States may 

16 be debarred or suspended from contracting with the 

17 United States if— 

18 (1) the contractor evades service of process in 

19 any civil action or criminal prosecution brought 

20 against the contractor by the United States or a cit21 izen or national of the United States in connection 

22 with the performance of the contract; or 

23 (2) the contractor refuses or fails to appear be24 fore a Federal court in a matter brought against the 

25 contractor by the United States or a citizen or naVerDate Nov 24 2008 22:53 Nov 17, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2782.IS S2782

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1 tional of the United States in connection with the 

2 performance of the contract. 

3 (b) APPLICABILITY.—The amendments to the Fed4 eral Acquisition Regulation made under subsection (a) 

5 shall apply to any action of a contractor that occurs on 

6 or after the effective date of the amendments. 

7 SEC. 3. PERSONAL JURISDICTION IN COVERED CIVIL AC8 TIONS BY MEMBERS OF THE ARMED FORCES, 

9 CIVILIAN EMPLOYEES OF THE UNITED 

10 STATES, AND UNITED STATES CITIZEN EM11 PLOYEES OF COMPANIES PERFORMING 

12 WORK FOR THE UNITED STATES AGAINST EN13 TITIES UNDER UNITED STATES GOVERNMENT 

14 CONTRACTS PERFORMED ABROAD. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of enactment of this Act, the Federal Acquisition 

17 Regulatory Council established under section 25(a) of the 

18 Office of Federal Procurement Policy Act (41 U.S.C. 

19 421(a)) shall amend the Federal Acquisition Regulation 

20 to require that any covered contract— 

21 (1) requires that the contractor consent to per22 sonal jurisdiction over the contractor by the Federal 

23 courts with respect to any covered civil action, in24 cluding a covered civil action against 1 or more emVerDate Nov 24 2008 22:53 Nov 17, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2782.IS S2782

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1 ployees of the contractor for which the contractor 

2 may be liable under theories of vicarious liability; 

3 (2) specifies that consent to personal jurisdic4 tion under paragraph (1) shall not operate to de5 prive or terminate personal jurisdiction of the con6 tractor in any court that otherwise has personal ju7 risdiction under another provision of law; 

8 (3) requires the contractor to consent to per9 sonal jurisdiction in the United States District 

10 Court for the District of Columbia for a covered civil 

11 action in which— 

12 (A) the events giving rise to the cause of 

13 action occurred outside the United States; and 

14 (B) personal jurisdiction cannot be estab15 lished in another Federal court; and 

16 (4) if the covered contract has a value of not 

17 less than $5,000,000 and was awarded to a con18 tractor that does not maintain an office in the 

19 United States, requires that the contractor designate 

20 an agent located in the United States for service of 

21 process in any covered civil action; and 

22 (5) requires that— 

23 (A) except as provided in subparagraph 

24 (B), any covered civil action shall be analyzed 


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1 in accordance with the laws of the United 

2 States; and 

3 (B) the substantive law of the State in 

4 which the covered civil action is brought shall 

5 be the law applicable to a covered civil action 

6 if— 

7 (i) the substantive law otherwise ap8 plicable to the covered civil action would be 

9 the law of the location where the events 

10 giving rise to the cause action occurred; 

11 and 

12 (ii) the location is designated as a 

13 hazardous duty zone by the Secretary of 

14 Defense. 

15 (b) APPLICABILITY.— 

16 (1) IN GENERAL.—The amendments to the 

17 Federal Acquisition Regulation made under sub18 section (a) shall apply with respect to any covered 

19 contract that is entered into on or after the effective 

20 date of the amendments under subsection (a). 

21 (2) PROSPECTIVE APPLICABILITY UNDER CER22 TAIN CURRENT CONTRACTS.—For a covered contract 

23 that is an indefinite delivery, indefinite quantity con24 tract or blanket purchase agreement in effect on the 

25 effective date of the amendments to the Federal AcVerDate Nov 24 2008 22:53 Nov 17, 2009 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2782.IS S2782

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1 quisition Regulation made under subsection (a), the 

2 amendments to the Federal Acquisition Regulation 

3 made under subsection (a) shall apply to any task 

4 order under the covered contract, including any sub5 contract of the covered contract, that is made on or 

6 after the effective date of the amendments. 

7 SEC. 4. PERSONAL JURISDICTION FOR CIVIL OR CRIMINAL 

8 SUITS BROUGHT BY THE UNITED STATES 

9 GOVERNMENT ALLEGING WRONGDOING 

10 UNDER UNITED STATES GOVERNMENT CON11 TRACTS PERFORMED ABROAD. 

12 (a) IN GENERAL.—Not later than 90 days after the 

13 date of enactment of this Act, the Federal Acquisition 

14 Regulatory Council established under section 25(a) of the 

15 Office of Federal Procurement Policy Act (41 U.S.C. 

16 421(a)) shall amend the Federal Acquisition Regulation 

17 to require that any covered contract— 

18 (1) requires that the contractor consent to per19 sonal jurisdiction over the contractor by the Federal 

20 courts with respect to any civil action or criminal 

21 prosecution brought by the United States alleging 

22 wrongdoing associated with the performance of the 

23 covered contract; 

24 (2) specifies that consent to personal jurisdic25 tion under paragraph (1) shall not operate to deVerDate Nov 24 2008 22:53 Nov 17, 2009 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2782.IS S2782

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1 prive or terminate personal jurisdiction of the con2 tractor in any other court that has personal jurisdic3 tion under another provision of law; 

4 (3) requires the contractor to consent to per5 sonal jurisdiction in the United States District 

6 Court for the District of Columbia for a civil action 

7 or criminal prosecution described in paragraph (1) 

8 in which— 

9 (A) the events giving rise to the cause of 

10 action occurred outside the United States; and 

11 (B) personal jurisdiction cannot be estab12 lished in another Federal court; and 

13 (4) if the covered contract has a value of not 

14 less than $5,000,000 and was awarded to a con15 tractor that does not maintain an office in the 

16 United States, requires that the contractor designate 

17 an agent located in the United States for service of 

18 process in any civil action or criminal prosecution 

19 described in paragraph (1). 

20 (b) APPLICABILITY.— 

21 (1) IN GENERAL.—The amendments to the 

22 Federal Acquisition Regulation made under sub23 section (a) shall apply with respect to any covered 

24 contract that is entered into on or after the effective 

25 date of the amendments under subsection (a). 


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1 (2) PROSPECTIVE APPLICABILITY UNDER CER2 TAIN CURRENT CONTRACTS.—For a covered contract 

3 that is an indefinite delivery, indefinite quantity con4 tract or blanket purchase agreement in effect on the 

5 effective date of the amendments to the Federal Ac6 quisition Regulation made under subsection (a), the 

7 amendments to the Federal Acquisition Regulation 

8 made under subsection (a) shall apply to any task 

9 order under the covered contract, including any sub10 contract of the covered contract, that is made on or 

11 after the effective date of the amendments. 

12 SEC. 5. SAVINGS CLAUSE. 

13 Nothing in this Act shall be construed to limit any 

14 cause of action or remedy under any other provision of 

15 law. 

16 SEC. 6. DEFINITIONS. 

17 In this Act: 

18 (1) CONTRACTOR.—The term ‘‘contractor’’, 

19 with respect to a contract, includes the contractor 

20 under the contract, any subcontractor under the 

21 contract, any subordinate contractor under the con22 tract, any subsidiary, parent company, or successor 

23 entity of the contractor formed to act as a successor 

24 in interest of the contractor, and any employee 


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1 thereof performing work under or in connection with 

2 the contract. 

3 (2) COVERED CIVIL ACTION.—The term ‘‘cov4 ered civil action’’ means a civil action alleging a rape 

5 or sexual assault of or serious bodily injury to a 

6 member of the Armed Forces of the United States, 

7 civilian employee of the United States, or employee 

8 of a company performing work for the United States 

9 who is a citizen or national of the United States. 

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

11 contract’’— 

12 (A) means a contract, grant, or cooperative 

13 agreement— 

14 (i) for work to be performed outside 

15 the United States that is awarded or en16 tered into by the United States (including 

17 any executive department, independent es18 tablishment, or agency thereof); and 

19 (ii) with a value of not less than 

20 $1,000,000; and 

21 (B) includes any subcontract or subordi22 nate contract, grant, or cooperative agreement 

23 under a contract, grant, or cooperative agree24 ment described in subparagraph (A). 


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1 (4) RAPE.—The term ‘‘rape’’ means conduct 

2 that would violate section 920(a) of title 10, United 

3 States Code (article 120(a) of the Uniform Code of 

4 Military Justice), if the conduct was committed by 

5 a person subject to chapter 47 of title 10, United 

6 States Code (the Uniform Code of Military Justice). 

7 (5) SERIOUS BODILY INJURY.—The term ‘‘seri8 ous bodily injury’’ has the meaning given that term 

9 in section 1365 of title 18, United States Code. 

10 (6) SEXUAL ASSAULT.—The term ‘‘sexual as11 sault’’ means conduct that would violate section 

12 920(c), (h), or (m) of title 10, United States Code 

13 (article 120(c), (h), or (m) of the Uniform Code of 

14 Military Justice), if the conduct was committed by 

15 a person subject to chapter 47 of title 10, United 

16 States Code (the Uniform Code of Military Justice). 

17 (7) UNITED STATES.—The term ‘‘United 

18 States’’, in a geographic sense— 

19 (A) means the several States and the Dis20 trict of Columbia; and 

21 (B) does not include any military installa22 tion or facility located outside the area de23 scribed in subparagraph (A). 

Æ 


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