Congress Reining in Private Contractors

Plainclothes contractors working for Blackwater USA take part in a firefight as Iraqi demonstrators loyal to Muqtada Al Sadr attempt to advance on a facility being defended by U.S. and Spanish soldiers, Sunday, April 4, 2004 in the Iraqi city of Najaf,. The Blackwater USA contractors were actively involved in defending the position. The images were taken by Spanish freelance photographer Gervasio Sanchez and were made available to The Associated Press Tuesday, October 2, 2007. (AP Photo/Gervasio Sanchez) (Gervasio Sanchez - AP)

WASHINGTON -- Congress is moving to update a law that has kept Blackwater USA and other private security contractors in Iraq immune to criminal prosecution. The White House contends the change could cause new problems.

The House was expected to pass legislation on Thursday by Rep. David Price, D-N.C., that would extend the criminal jurisdiction of U.S. courts to any federal contractor working alongside military operations. Senate Democratic leaders said they planned to follow suit as soon as possible and send the measure to President Bush.

The legislation comes amid a string of allegations involving Blackwater employees hired by the State Department to protect diplomatic personnel in Iraq.

In one case, a drunk Blackwater employee left a Christmas Eve party in Baghdad and fatally shot the guard of one of Iraq's vice presidents. The contractor was fired, fined and returned home to the United States; no charges have been filed.

More recently, Blackwater guards were involved in a Sept. 16 shootout that left 11 Iraqis dead. The FBI is investigating.

It is unclear whether charges can be brought against any of the contractors. Federal officials cite murky laws governing the conduct of U.S. personnel abroad not hired directly by the military. The current law, the Military Extraterritorial Jurisdiction Act, covers personnel supporting the mission of Defense Department operations overseas.

Defense Secretary Robert Gates told reporters traveling with him in South America that a Pentagon review team has recommended the military have more control over contractors and private security guards fall under the military code of justice in some cases.

He said new guidelines for military commanders in Iraq probably will increase the number of private security contractors who will face prosecution or discipline for violence.

Because Blackwater's primary mission is to protect State Department officials, defense lawyers probably would argue successfully that the current law does not apply.

At the same time, U.S. contractors are immune from prosecution by Iraqi courts.

White House officials say they support increasing accountability of contractors abroad but worry that the House bill is too vague and may go too far. An administration statement Wednesday said the bill would have "unintended and intolerable consequences for crucial and necessary national security activities and operations."

But the statement did not explain further or give examples on how the bill would affect national security. The White House referred questions to the Justice Department, which declined comment.