Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act

Bill: 111-s-2782
Sponsor: Sen. McCaskill, Claire [D-MO]
Introduced: 2009-11-17 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Civil actions and liability
Crime victims
Diplomacy, foreign officials, Americans abroad
Jurisdiction and venue
Office of Management and Budget (OMB)
Public contracts and procurement
Sex offenses

Summary:
action_date: 2009-11-17
text: 
Lieutenant Colonel Dominic &quot;Rocky&quot; Baragona Justice for American Heroes Harmed by Contractors Act - Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR) to: (1) permit the debarment or suspension of U.S. government contractors for evading service of process in civil or criminal proceedings brought against them by a U.S. citizen or national in connection with the performance of a government contract, or for failing to appear in federal court in such proceedings; and (2) require such contractors performing federal contracts of $1 million or more outside the United States to consent to personal jurisdiction over them by the federal courts in any future civil action or criminal proceeding brought by the United States alleging wrongdoing associated with contract performance and in any future civil action alleging a rape or sexual assault of or serious bodily injury to a member of the Armed Forces, a federal civilian employee, or an employee of a company performing work for the United States who is a U.S. citizen or national.

action_date: 2010-12-09
text: 
Lieutenant Colonel Dominic &quot;Rocky&quot; Baragona Justice for American Heroes Harmed by Contractors Act - Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR) to: (1) permit the debarment or suspension of U.S. government contractors for evading service of process in civil or criminal proceedings brought against them by a U.S. citizen or national in connection with an obligation under the terms of a government contract or for failing to appear in federal court in such proceedings; and (2) require such contractors performing federal contracts of $5 million or more outside the United States to consent to personal jurisdiction over them in any future civil action brought by the United States alleging wrongdoing associated with contract performance and in any future civil action alleging a rape or sexual assault of or serious bodily injury to a member of the Armed Forces, a federal civilian employee, or an employee of a company performing work for the United States who is a U.S. citizen or national.
 
Requires the contractor to: (1) consent to personal jurisdiction in the United States District Court for the District of Columbia for a covered civil action in which the events giving rise to the cause of action occurred outside the United States and where personal jurisdiction cannot be established in another federal court; and (2) designate an agent located in the United States for service of process in any covered civil action if the covered contract was awarded to a contractor that does not maintain an office in the United States.
 
Requires: (1) a covered civil action to be analyzed in accordance with U.S. law; and (2) the substantive law of the state (including the District of Columbia) in which the covered civil action is brought to be the law applicable to a covered civil action if the substantive law otherwise applicable to the covered civil action would be the law of the location where the events giving rise to the cause of action occurred and if the location is designated as a hazardous duty zone by the Secretary of Defense (DOD).
 
Provides that nothing in this Act shall be construed to limit: (1) the ability of a contractor to assert any settled right under the U.S. Constitution; and (2) any other jurisdictional basis for a civil action against or criminal prosecution of a contractor.


Legislative actions:
action_date: 2010-12-09
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 682.
action_date: 2010-12-09
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. Without written report.
action_date: 2010-12-09
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. Without written report.
action_date: 2010-04-28
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2009-11-17
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2009-11-17
text: Introduced in Senate