II 
#(Star Print)
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 Representa-
tives 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.— 
VerDate Aug 31 2005 
01:57 Oct 16, 2007
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2740.PCS
H2740
bajohnson on PROD1PC71 with BILLS
HR 2740 PCS1S 
(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 para-
graph (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 sub-
contract 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 Depart-
ment of Defense), where the Armed Forces is con-
ducting 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.— 
VerDate Aug 31 2005 
01:57 Oct 16, 2007
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2740.PCS
H2740
bajohnson on PROD1PC71 with BILLS
HR 2740 PCS1S 
(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 Depart-
ment of Justice investigations of alleged viola-
tions of section 3261 of title 18, United States 
Code, to have been committed by contract per-
sonnel, 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 
VerDate Aug 31 2005 
01:57 Oct 16, 2007
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2740.PCS
H2740
bajohnson on PROD1PC71 with BILLS
HR 2740 PCS1S 
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 con-
tract, 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 regard-
ing the activities of such contractors 
or contract personnel. 
VerDate Aug 31 2005 
01:57 Oct 16, 2007
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2740.PCS
H2740
bajohnson on PROD1PC71 with BILLS
HR 2740 PCS1S 
(3) FORMAT
OF
REPORT.—The report under 
paragraph (1) shall be submitted in unclassified for-
mat, but may contain a classified annex as appro-
priate. 
SEC. 3. FEDERAL BUREAU OF INVESTIGATION INVESTIGA-
TIVE UNIT FOR CONTINGENCY OPERATIONS. 
(a) ESTABLISHMENT OF THEATER INVESTIGATIVE 
UNIT.—The Director of the Federal Bureau of Investiga-
tion shall ensure that there are adequate personnel 
through the creation of Theater Investigative Units to in-
vestigate 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 per-
sonnel; 
(2) investigate reports of fatalities resulting 
from the potentially unlawful use of force by con-
tract personnel; and 
(3) upon conclusion of an investigation of al-
leged criminal misconduct, refer the case to the At-
torney General of the United States for further ac-
VerDate Aug 31 2005 
01:57 Oct 16, 2007
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2740.PCS
H2740
bajohnson on PROD1PC71 with BILLS
HR 2740 PCS1S 
tion, as appropriate in the discretion of the Attorney 
General. 
(c) RESPONSIBILITIES OF FEDERAL BUREAU OF IN-
VESTIGATION.— 
(1) RESOURCES.—The Director of the Federal 
Bureau of Investigation shall ensure that each The-
ater Investigative Unit has adequate resources and 
personnel to carry out its responsibilities. 
(2) NOTIFICATION.—The Director of the Fed-
eral 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 assist-
ance 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 ade-
quate 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 Investiga-
tion or the Secretary of Defense. 
(d) ASSISTANCE ON REQUEST OF ATTORNEY GEN-
ERAL.—In consultation with the Director of the Federal 
Bureau of Investigation, the Attorney General may re-
VerDate Aug 31 2005 
01:57 Oct 16, 2007
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2740.PCS
H2740
bajohnson on PROD1PC71 with BILLS
HR 2740 PCS1S 
quest 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 per-
sonnel; 
(3) the number of cases referred by Theater In-
vestigative 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. 
VerDate Aug 31 2005 
01:57 Oct 16, 2007
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2740.PCS
H2740
bajohnson on PROD1PC71 with BILLS
HR 2740 PCS1S 
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 car-
ried 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 sec-
tion 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. 
VerDate Aug 31 2005 
01:57 Oct 16, 2007
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2740.PCS
H2740
bajohnson on PROD1PC71 with BILLS
HR 2740 PCS1S 
(4) 
CONTRACTOR.—The 
term 
‘‘contractor’’ 
means an entity performing a covered contract. 
(5) CONTRACT PERSONNEL.—The term ‘‘con-
tract personnel’’ means persons assigned by a con-
tractor (including subcontractors at any tier) to per-
form 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 per-
sonnel 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 enact-
ment of this Act. 
(c) IMPLEMENTATION.—With respect to covered con-
tracts and covered contract personnel discussed in sub-
section (a)(1), the Director of the Federal Bureau of In-
vestigation, 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 provi-
sions of this Act. 
VerDate Aug 31 2005 
01:57 Oct 16, 2007
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2740.PCS
H2740
bajohnson on PROD1PC71 with BILLS
HR 2740 PCS1S 
SEC. 6. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to affect intel-
ligence 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. 
VerDate Aug 31 2005 
01:57 Oct 16, 2007
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2740.PCS
H2740
bajohnson on PROD1PC71 with BILLS
VerDate Aug 31 2005 
01:57 Oct 16, 2007
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2740.PCS
H2740
bajohnson on PROD1PC71 with BILLS
Calendar No. 413 
110TH CONGRESS 
1ST SESSION 
H. R. 2740 
AN ACT 
To require accountability for contractors and con-
tract personnel under Federal contracts, and for 
other purposes. 
OCTOBER 5, 2007 
Read the second time and ordered to be placed on the 
calendar 
VerDate Aug 31 2005 
01:57 Oct 16, 2007
Jkt 069200
PO 00000
Frm 00012
Fmt 6651
Sfmt 6651
E:\BILLS\H2740.PCS
H2740
bajohnson on PROD1PC71 with BILLS