1.This Act may be cited as the
Civilian Extraterritorial Jurisdiction
Act (CEJA) of 2010
.
2.Accountability
for criminal acts of Federal contractors and employees outside the United
States
(a)Extraterritorial
jurisdiction over Federal contractors and employeesChapter 212A
of title 18, United States Code, is amended—
(1)by transferring
the text of section 3272 to the end of section 3271, redesignating such text as
subsection (c) of section 3271, and, in such text, as so redesignated, by
striking this chapter
and inserting this
section
;
(2)by striking the
heading of section 3272; and
(3)by adding after
section 3271, as amended by this subsection, the following new sections:
3272.Offenses
committed by Federal contractors and employees outside the United
States
(a)Whoever, while
employed by or accompanying any department or agency of the United States other
than the Armed Forces, knowingly engages in conduct (or conspires or attempts
to engage in conduct) outside the United States that would constitute an
offense enumerated in subsection (c) had the conduct been engaged in within the
United States or within the special maritime and territorial jurisdiction of
the United States shall be punished as provided for that offense.
(b)No prosecution for
an offense 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 the
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)The offenses
covered by subsection (a) are the following:
(1)Any offense under
chapter 5 (arson) of this title.
(2)Any offense under
section 111 (assaulting, resisting, or impeding certain officers or employees),
113 (assault within maritime and territorial jurisdiction), or 114 (maiming
within maritime and territorial jurisdiction) of this title, but only if the
offense is subject to a maximum sentence of imprisonment of one year or
more.
(3)Any offense under
section 201 (bribery of public officials and witnesses) of this title.
(4)Any offense under
section 499 (military, naval, or official passes) of this title.
(5)Any offense under
section 701 (official badges, identifications cards, and other insignia), 702
(uniform of armed forces and Public Health Service), 703 (uniform of friendly
nation), or 704 (military medals or decorations) of this title.
(6)Any offense under
chapter 41 (extortion and threats) of this title, but only if the offense is
subject to a maximum sentence of imprisonment of three years or more.
(7)Any offense under
chapter 42 (extortionate credit transactions) of this title.
(8)Any offense under
section 924(c) (use of firearm in violent or drug trafficking crime) or 924(o)
(conspiracy to violate section 924(c)) of this title.
(9)Any offense under
chapter 50A (genocide) of this title.
(10)Any offense under
section 1111 (murder), 1112 (manslaughter), 1113 (attempt to commit murder or
manslaughter), 1114 (protection of officers and employees of the United
States), 1116 (murder or manslaughter of foreign officials, official guests, or
internationally protected persons), 1117 (conspiracy to commit murder), or 1119
(foreign murder of United States nationals) of this title.
(11)Any offense under
chapter 55 (kidnapping) of this title.
(12)Any offense under
section 1503 (influencing or injuring officer or juror generally), 1505
(obstruction of proceedings before departments, agencies, and committees), 1510
(obstruction of criminal investigations), 1512 (tampering with a witness,
victim, or informant), or 1513 (retaliating against a witness, victim, or an
informant) of this title.
(13)Any offense under
section 1951 (interference with commerce by threats or violence), 1952
(interstate and foreign travel or transportation in aid of racketeering
enterprises), 1956 (laundering of monetary instruments), 1957 (engaging in
monetary transactions in property derived from specified unlawful activity),
1958 (use of interstate commerce facilities in the commission of murder for
hire), or 1959 (violent crimes in aid of racketeering activity) of this
title.
(14)Any offense under
section 2111 (robbery or burglary within special maritime and territorial
jurisdiction) of this title.
(15)Any offense under
chapter 109A (sexual abuse) of this title.
(16)Any offense under
chapter 113B (terrorism) of this title.
(17)Any offense under
chapter 113C (torture) of this title.
(18)Any offense under
chapter 115 (treason, sedition, and subversive activities) of this
title.
(19)Any offense under
chapter 118 (war crimes) of this title.
(20)Any offense under
section 401 (manufacture, distribution, or possession with intent to distribute
a controlled substance) or 408 (continuing criminal enterprise) of the
Controlled Substances Act (21 U.S.C. 841, 848), or under section 1002
(importation of controlled substances), 1003 (exportation of controlled
substances), or 1010 (import or export of a controlled substance) of the
Controlled Substances Import and Export Act (21 U.S.C. 952, 953, 960), but only
if the offense is subject to a maximum sentence of imprisonment of 20 years or
more.
(d)In this
section:
(1)The term
employed by any department or agency of the United States other than the
Armed Forces means—
(A)employed as a
civilian employee, a contractor (including a subcontractor at any tier), an
employee of a contractor (or a subcontractor at any tier), a grantee (including
a contractor of a grantee or a subgrantee or subcontractor at any tier), or an
employee of a grantee (or a contractor of a grantee or a subgrantee or
subcontractor at any tier) of any department or agency of the United States
other than the Armed Forces;
(B)present or
residing outside the United States in connection with such employment;
(C)in the case of
such a contractor, contractor employee, grantee, or grantee employee, such
employment supports a program, project, or activity for a department or agency
of the United States other than the Armed Forces; and
(D)not a national of
or ordinarily resident in the host nation.
(2)The term
accompanying any department or agency of the United States other than the
Armed Forces means—
(A)a dependant
of—
(i)a
civilian employee of any department or agency of the United States other than
the Armed Forces; or
(ii)a
contractor (including a subcontractor at any tier), an employee of a contractor
(or a subcontractor at any tier), a grantee (including a contractor of a
grantee or a subgrantee or subcontractor at any tier), or an employee of a
grantee (or a contractor of a grantee or a subgrantee or subcontractor at any
tier) of any department or agency of the United States other than the Armed
Forces, which contractor, contractor employee, grantee, or grantee employee is
supporting a program, project, or activity for a department or agency of the
United States other than the Armed Forces;
(B)residing with such
civilian employee, contractor, contractor employee, grantee, or grantee
employee outside the United States; and
(C)not a national of
or ordinarily resident in the host nation.
(3)The term
grant agreement means a legal instrument described in section 6304
or 6305 of title 31, other than an agreement between the United States and a
State, local, or foreign government or an international organization.
(4)The term
grantee means a party, other than the United States, to a grant
agreement.
(5)The term
Armed Forces has the meaning given the term armed
forces in section 101(a)(4) of title 10.
3273.The Attorney General, after consultation
with the Secretary of Defense, the Secretary of State, and the Director of
National Intelligence, shall prescribe regulations governing the investigation,
apprehension, detention, delivery, and removal of persons described in sections
3271 and 3272 of this
title.
.
(b)The heading of chapter 212A of such title is amended to
read as follows:
212AExtraterritorial
Jurisdiction Over Offenses of Contractors and Civilian Employees of the Federal
Government
.
(c)
(1)The table of sections at the beginning of chapter 212A
of title 18, United States Code, is amended by striking the item relating to
section 3272 and inserting the following new items:
3272. Offenses committed by Federal contractors and employees
outside the United States.
3273.
Regulations.
.
(2)The item relating to chapter 212A in the table of
chapters at the beginning of part II of such title is amended to read as
follows:
212A.
Extraterritorial Jurisdiction Over
Offenses of Contractors and Civilian Employees of the Federal
Government3271
.
3.Investigative
units for contractor and employee oversight
(a)Establishment of
investigative units for contractor and employee oversight
(1)The Attorney General, in consultation with the Secretary
of Defense, the Secretary of State, the Secretary of Homeland Security, and the
heads of any other departments or agencies of the Federal Government
responsible for employing contractors or persons overseas—
(A)shall assign
adequate personnel and resources through the creation of units (to be known as
Investigative Units for Contractor and Employee Oversight
) to
investigate allegations of criminal offenses under chapter 212A of title 18,
United States Code (as amended by section 2(a) of this Act), and may authorize
the overseas deployment of law enforcement agents and other government
personnel for that purpose; and
(B)shall include in
the regulations prescribed under section 3273 of title 18, United States Code
(as added by section 2(a) of this Act), provisions setting forth responsibility
for the investigation of any incident in which—
(i)a
weapon is allegedly discharged unlawfully by a person, while employed by or
accompanying any department or agency of the United States other than the Armed
Forces; or
(ii)a
person or persons are killed or seriously injured, or property valued greater
than $10,000 is destroyed, as a result of conduct by a person, while employed
by or accompanying any department or agency of the United States other than the
Armed Forces.
(2)Nothing in this subsection shall be construed to
limit any authority of the Attorney General or any Federal law enforcement
agency to investigate violations of Federal law or deploy personnel
overseas.
(b)Responsibilities
of Attorney General
(1)The
Attorney General shall have principal authority for the enforcement of chapter
212A of title 18, United States Code (as so amended), and shall have the
authority to initiate, conduct, and supervise investigations of any alleged
offenses under such chapter.
(2)The
Attorney General may designate and authorize any person serving in a law
enforcement position in the Department of Justice or any person serving in a
law enforcement position in any other department or agency of the Federal
Government, including a member of the Diplomatic Security Service of the
Department of State or a military police officer of the Armed Forces, to arrest
outside the United States, in accordance with applicable international
treaties, any person described in section 3271 or 3272 of title 18, United
States Code (as so amended), if there is probable cause to believe such person
committed an offense or offenses in such section 3271 or 3272.
(3)The
Attorney General may establish such procedures the Attorney General considers
appropriate to ensure that Federal law enforcement agencies refer offenses
under section 3271 or 3272 of title 18, United States Code (as so amended), to
the Attorney General for prosecution in a uniform and timely manner.
(4)Assistance on
request of attorney generalNotwithstanding any statute, rule, or
regulation to the contrary, the Attorney General may request assistance from
the Secretary of Defense, the Secretary of State, or the head of any other
Executive agency to enforce section 3271 or 3272 of title 18, United States
Code (as so amended). The assistance requested may include the
following:
(A)The assignment of
additional personnel and resources to an Investigative Unit for Contractor and
Employee Oversight established by the Attorney General under subsection
(a).
(B)An investigation
into alleged misconduct or arrest of an individual suspected of alleged
misconduct by agents of the Diplomatic Security Service of the Department of
State present in the nation in which the alleged misconduct occurs.
(5)Not later than one year after the date of the enactment of
this Act, and annually thereafter for five years, the Attorney General shall,
in consultation with the Secretary of Defense and the Secretary of State,
submit to Congress a report containing the following:
(A)The number of
offenses under chapter 212A of title 18, United States Code (as so amended),
received, investigated, and referred for prosecution by Federal law enforcement
authorities during the previous year.
(B)The number of
prosecutions under chapter 212A of title 18, United States Code (as so
amended), including the nature of the offenses and any dispositions reached,
during the previous year.
(C)The number,
location, and any deployments of Investigative Units for Contractor and
Employee Oversight to investigate offenses under chapter 212A of title 18,
United States Code (as so amended), during the previous year.
(D)Such
recommendations for legislative or administrative action as the Attorney
General considers appropriate to enforce chapter 212A of title 18, United
States Code (as so amended), and the provisions of this section.
(c)In this section, the
term Executive agency has the meaning given that term in section
105 of title 5, United States Code.
4.
(a)This Act and the amendments made by this Act shall
take effect on the date of the enactment of this Act.
(b)The
Attorney General and the head of any other department or agency of the Federal
Government to which this Act applies shall have 90 days after the date of the
enactment of this Act to ensure compliance with the provisions of this
Act.
5.Nothing in this
Act or any amendment made by this Act shall be construed to limit or affect the
application of extraterritorial jurisdiction related to any other Federal
law.
6.Authorization of
appropriationsFor each of the
fiscal years 2010 through 2015, there are authorized to be appropriated to the
Attorney General such sums as are necessary to carry out this Act.