[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2979 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 2979

 To amend title 18, United States Code, to provide accountability for 
  the criminal acts of Federal contractors and employees outside the 
                 United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2010

Mr. Leahy (for himself and Mr. Kaufman) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide accountability for 
  the criminal acts of Federal contractors and employees outside the 
                 United States, and for other purposes.

    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 ``Civilian Extraterritorial 
Jurisdiction Act (CEJA) of 2010''.

SEC. 2. ACCOUNTABILITY FOR CRIMINAL ACTS OF FEDERAL CONTRACTORS AND 
              EMPLOYEES OUTSIDE THE UNITED STATES.

    (a) Extraterritorial Jurisdiction Over Federal Contractors and 
Employees.--Chapter 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:
``Sec. 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.
``Sec. 3273. Regulations
    ``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) Conforming Amendment.--The heading of chapter 212A of such 
title is amended to read as follows:

    ``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER OFFENSES OF 
    CONTRACTORS AND CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT''.

    (c) Clerical Amendments.--
            (1) Table of sections.--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) Table of chapters.--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          3271''.
                            Contractors and Civilian 
                            Employees of the Federal 
                            Government.

SEC. 3. INVESTIGATIVE UNITS FOR CONTRACTOR AND EMPLOYEE OVERSIGHT.

    (a) Establishment of Investigative Units for Contractor and 
Employee Oversight.--
            (1) In general.--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) Rule of construction.--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) Investigation.--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) Arrest.--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) Prosecution.--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 general.--
        Notwithstanding 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) Annual report.--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) Executive Agency.--In this section, the term ``Executive 
agency'' has the meaning given that term in section 105 of title 5, 
United States Code.

SEC. 4. EFFECTIVE DATE.

    (a) Immediate Effectiveness.--This Act and the amendments made by 
this Act shall take effect on the date of the enactment of this Act.
    (b) Implementation.--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.

SEC. 5. RULE OF CONSTRUCTION.

    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.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    For 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.
                                 <all>