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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle F Matters Relating To Iraq and Afghanistan

DHNDAA Section

Senate Armed Services Report -110-335

SEC. 854. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND AFGHANISTAN.

(a) In General- Section 861(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 253; 10 U.S.C. 2302 note) is amended by adding the following new paragraphs:

`(7) Mechanisms for ensuring that contractors are required to report offenses described in paragraph (6) that are alleged to have been committed by or against contractor personnel to appropriate investigative authorities.

`(8) Responsibility for providing victim and witness protection and assistance to contractor personnel in connection with alleged offenses described in paragraph (6).

`(9) Development of a requirement that a contractor shall provide to all contractor personnel who will perform work on a contract in Iraq or Afghanistan, before beginning such work, information on the following:

`(A) How and where to report an alleged offense described in paragraph (6).

`(B) Where to seek the assistance required by paragraph (8).'.

(b) Implementation-

(1) THROUGH MEMORANDUM OF UNDERSTANDING- The memorandum of understanding required by section 861(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 253; 10 U.S.C. 2302 note) shall be modified to address the requirements under the amendment made by subsection (a) not later than 120 days after the date of the enactment of this Act.

(2) AS CONDITION OF CURRENT AND FUTURE CONTRACTS- The requirements under the amendment made by subsection (a) shall be included in each contract in Iraq or Afghanistan (as defined in section 864(a)(2) of Public Law 110-181; 2302 note) awarded on or after the date that is 180 days after the date of the enactment of this Act. Federal agencies shall make best efforts to provide for the inclusion of such requirements in covered contracts awarded before such date.

(c) Reporting Requirement- Beginning not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall make publicly available a numerical accounting of alleged offenses described in section 861(b)(6) of Public Law 110-181 that have been reported under that section that occurred after the date of the enactment of this Act. The information shall be updated no less frequently than semi-annually.

(d) Definitions- Section 864(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 253; 10 U.S.C. 2302 note) is amended--

(1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and

(2) by inserting after paragraph (4) the following new paragraph:

`(5) CONTRACTOR PERSONNEL- The term `contractor personnel' means any person performing work under contract for the Department of Defense, the Department of State, or the United States Agency for International Development, in Iraq or Afghanistan, including individuals and subcontractors at any tier.'.

Additional contractor requirements and responsibilities relating to alleged crimes by or against contractor personnel in Iraq and Afghanistan (sec. 842)

The committee recommends a provision that would amend section 861 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) to require the development of mechanisms to ensure that: (1) contractors are required to report alleged crimes by or against their employees in Iraq and Afghanistan to appropriate investigative authorities; and (2) contractor employees receive appropriate victim and witness assistance in connection with such alleged crimes.

Over the last several months, a number of contractor employees who were victims of rape or sexual assault in Iraq have publicly alleged that they received little or no help from either contractor or government officials. Several of these women testified before congressional committees that they were `ignored or disciplined' by company officials to whom they reported the alleged assaults, and that they were actively discouraged from reporting anything to the government.

In one case, a woman working for a defense contractor reported that she was gang-raped by a co-worker and a soldier at a U.S. base in Iraq. Her supervisors, she testified, tried to discourage her from reporting the assault. Rather than supporting her, the woman's employer submitted her to extensive questioning, then required her to sign an inaccurate statement of facts before allowing her to move between bases.

In another case, a woman working in Iraq for the same contractor reported that she was sexually assaulted by a male co-worker who was never charged.

The provision recommended by the committee is intended to ensure that contractor employees who are the victims of similar assaults in the future are not deprived of their legal rights, and receive the help that they need and the investigative assistance that they deserve.

 

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