[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1226 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1226

 To provide jurisdiction over Federal contractors who engage in human 
                         trafficking offenses.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2005

   Mr. Akaka introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide jurisdiction over Federal contractors who engage in human 
                         trafficking offenses.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Contractor Extraterritorial 
Jurisdiction for Human Trafficking Offenses Act of 2005''.

SEC. 2. FEDERAL CONTRACTOR EXTRATERRITORIAL JURISDICTION.

    Chapter 77 of title 18, United States Code, is amended by adding at 
the end the following:
``Sec. 1596. Federal contractor extraterritorial jurisdiction
    ``(a) Whoever, while a Federal contractor, engages in conduct 
outside the United States that would constitute a violation of this 
chapter punishable by imprisonment for more than 1 year if the conduct 
had been engaged in within the special maritime and territorial 
jurisdiction of the United States shall be punished as provided for 
that offense.
    ``(b) No prosecution may be commenced against a person under this 
section if a foreign government, in accordance with jurisdiction 
recognized by the United States, has prosecuted or is prosecuting such 
person for the conduct constituting such offense, except upon the 
approval of the Attorney General or the Deputy Attorney General (or a 
person acting in either such capacity), which function of approval may 
not be delegated.
    ``(c) An individual who is a victim of a violation of this chapter 
by a Federal contractor may bring a civil action against the 
perpetrator under section 1595 if a civil action would have been 
authorized under section 1595 had the conduct been engaged in within 
the special maritime and territorial jurisdiction of the United States.
    ``(d) As used in this section, the term `Federal contractor' means 
a person who--
            ``(1) is employed as a contractor (including a 
        subcontractor at any tier), or as an employee of a contractor 
        (or subcontractor at any tier), of any executive agency, as 
        that term is defined in section 4(1) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403(1));
            ``(2) is present or residing outside the United States in 
        connection with such employment; and
            ``(3) is not a national of or ordinarily resident in the 
        country where the violation occurred.''.
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