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Senate Committee on Homeland Security and Governmental AffairsIntroducedNovember 17th, 2009
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Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act
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.
Lieutenant Colonel Dominic "Rocky" 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.