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Managing America: Government

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Week Ending October 5, 2007

H.R.2740  To require accountability for contractors and contract personnel under Federal contracts, and for other purposes.

Around 180,000 contractors are working in Iraq, more elsewhere, and current law does not make those performing security functions overseas accountable for any criminal conduct. Laws do govern contractors who commit crimes on Federal property and those hired by the Defense Department, but a large number of contractors are not hired by Defense but rather by other government agencies. They still work under the aegis of the US government, the bill report noted.

The report further notes that cases brought against contractors remain un-prosecuted with the exception of a CIA contractor who beat a detainee to death. The catch in the law allows for crimes to go unaddressed because the alleged criminal was deemed to not be ‘supporting the mission of the Department of Defense. The bill aims to derail that catch.

The bill makes clear that contractors working for other government agencies, the State Department and the Department of Interior in particular be accountable for any misconduct.

The Justice Department Inspector General is required to submit a report to Congress regarding the identification and prosecution of alleged contractor abuses overseas. Justice is further required to establish a Theater Investigative Unit to investigate reports of criminal misconduct in regions where the contractors are working. The Director is given the flexibility to assure that adequate resources are applied to the directive. The bill allows that the term investigate means that an initial examination confirming the use of force for the purpose of self-defense so that lengthy investigations can be avoided if not needed.

The law would be applied to contractors working in or in close proximity to an area where the US is conducting a military operation

Sponsor:  Rep. David E, Price (D-NC-4^th)

Vote: Passed the House RC 940 October 3, 2007

Cost to the taxpayers: “CBO estimates that implementing H.R. 2740 would cost $23 million over the 2008-2012 period, assuming appropriation of the necessary amounts. Enacting the bill could affect direct spending and revenues, but we estimate that any such effects would not be significant”

Earmark Certification:   In accordance with clause 9 of rule XXI of the Rules of the House of Representatives, H.R. 2740 does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

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