1.This Act may be cited as the
Federal Contractor Extraterritorial
Jurisdiction for Human Trafficking Offenses Act of
2005
.
2.Federal contractor
extraterritorial jurisdictionChapter 77 of title 18, United States Code,
is amended by adding at the end the following:
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.
.