The chairman of the Senate Judiciary Committee is making a new push to apply some U.S. criminal laws to federal employees and government contractors who are working abroad.
The move by Sen. Patrick Leahy, D-Vt., is at least the third such attempt since a high-profile killing of Iraqi civilians by Blackwater security guards in September 2007. But this time, Leahy has at least the tentative support of some in the contracting industry and of the U.S. Justice Department.
Leahy said in prepared remarks for a hearing Wednesday that he was planning to introduce the latest version of legislation soon, and that he will move forward with it if he finds bipartisan support.
The Justice Department’s case against the Blackwater guards, one of many incidents involving contractors abroad in recent years, is moving slowly. Last month, a federal appeals court reinstated the case, but prosecutors still face evidence problems that Leahy said could have been avoided if U.S. law clearly applied.
“Had jurisdiction for these offenses been clear, FBI agents likely would have been on the scene immediately, which could well have prevented the problems that have plagued the case,” Leahy said.
DLA Piper partner Tara Lee, who co-chairs the firm’s transnational litigation practice, said at Wednesday’s hearing that many of the government contracting companies she represents would welcome some version of the proposal because existing law is unclear. For example, the law generally applies to contractors working for the Defense Department but it doesn’t always apply to those working for other agencies like the State Department.
“If there’s lack of clarity in a statute, I stay busy all day,” Lee said. “But from the perspective of the companies I represent, I think you do have an opportunity to clearly articulate your intent here.”
via Congress Considers Penalties for U.S. Contractors Abroad.
