[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1145 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1145

 To amend title 18, United States Code, to clarify and expand Federal 
 criminal jurisdiction over Federal contractors and employees outside 
               the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2011

Mr. Leahy (for himself, Mr. Blumenthal, and Mr. Franken) 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 clarify and expand Federal 
 criminal jurisdiction over 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 2011''.

SEC. 2. CLARIFICATION AND EXPANSION OF FEDERAL JURISDICTION OVER 
              FEDERAL CONTRACTORS AND EMPLOYEES.

    (a) Extraterritorial Jurisdiction Over Federal Contractors and 
Employees.--
            (1) In general.--Chapter 212A of title 18, United States 
        Code, is amended--
                    (A) 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'';
                    (B) by striking the heading of section 3272; and
                    (C) by adding after section 3271, as amended by 
                this paragraph, 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 Department of Defense, 
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 section 2442 (child soldiers) 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 Department of Defense' 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 Department of Defense;
                    ``(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; 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 Department of Defense' means--
                    ``(A) a dependant, family member, or member of 
                household of--
                            ``(i) a civilian employee of any department 
                        or agency of the United States other than the 
                        Department of Defense; 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 Department of Defense, 
                        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 Department 
                        of Defense;
                    ``(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 `host nation' means the country outside of 
        the United States where the employee or contractor resides, the 
        country where the employee or contractor commits the alleged 
        offense at issue, or both.
``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.''.
            (2) Conforming amendment.--Subparagraph (A) of section 
        3267(1) of such title is amended to read as follows:
                    ``(A) employed as a civilian employee, a contractor 
                (including a subcontractor at any tier), or an employee 
                of a contractor (or a subcontractor at any tier) of the 
                Department of Defense (including a nonappropriated fund 
                instrumentality of the Department);''.
    (b) Venue.--Chapter 211 of such title is amended by adding at the 
end the following new section:
``Sec. 3245. Optional venue for offenses involving Federal employees 
              and contractors overseas
    ``In addition to any venue otherwise provided in this chapter, the 
trial of any offense involving a violation of section 3261, 3271, or 
3272 of this title may be brought--
            ``(1) in the district in which is headquartered the 
        department or agency of the United States that employs the 
        offender, or any one of two or more joint offenders, or
            ``(2) in the district in which is headquartered the 
        department or agency of the United States that the offender is 
        accompanying, or that any one of two or more joint offenders is 
        accompanying.''.
    (c) Suspension of Statute of Limitations.--Chapter 213 of such 
title is amended by inserting after section 3287 the following new 
section:
``Sec. 3287A. Suspension of limitations for offenses involving Federal 
              employees and contractors overseas
    ``The time during which a person who has committed an offense 
constituting a violation of section 3272 of this title is outside the 
United States, or is a fugitive from justice within the meaning of 
section 3290 of this title, shall not be taken as any part of the time 
limited by law for commencement of prosecution of the offense.''.
    (d) Clerical Amendments.--
            (1) Heading 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''.

            (2) Tables of sections.--(A) The table of sections at the 
        beginning of chapter 211 of such title is amended by adding at 
        the end the following new item:

``3245. Optional venue for offenses involving Federal employees and 
                            contractors overseas.''.
            (B) The table of sections at the beginning of chapter 212A 
        of such title 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.''.
            (C) The table of sections at the beginning of chapter 213 
        of such title is amended by inserting after the item relating 
        to section 3287 the following new item:

``3287A. Suspension of limitations for offenses involving Federal 
                            employees and contractors overseas.''.
            (3) 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 TASK FORCES FOR CONTRACTOR AND EMPLOYEE 
              OVERSIGHT.

    (a) Establishment of Investigative Task Forces 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 shall assign adequate personnel 
        and resources, including through the creation of task forces, 
        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.
            (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) Law enforcement authority.--With respect to violations 
        of sections 3271 and 3272 of title 18, United States Code (as 
        so amended), the Attorney General may authorize 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 exercise 
        investigative and law enforcement authority, including those 
        powers that may be exercised under section 3052 of title 18, 
        United States Code, subject to such guidelines or policies as 
        the Attorney General considers appropriate for the exercise of 
        such powers.
            (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 task forces 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 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.
                    (B) The actions taken to implement subsection 
                (a)(1), including the organization and training of 
                personnel and the use of task forces, during the 
                previous year.
                    (C) Such recommendations for legislative or 
                administrative action as the President 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. RULES OF CONSTRUCTION.

    (a) In General.--Nothing in this Act or any amendment made by this 
Act shall be construed--
            (1) to limit or affect the application of extraterritorial 
        jurisdiction related to any other Federal law; or
            (2) to limit or affect any authority or responsibility of a 
        Chief of Mission as provided in section 207 of the Foreign 
        Service Act of 1980 (22 U.S.C. 3927).
    (b) Intelligence Activities.--Nothing in this Act or any amendment 
made by this Act shall be construed--
            (1) to apply to authorized intelligence activities that are 
        carried out by or on behalf of any element of the intelligence 
        community (as that term is defined in section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 401a(4)) and conducted 
        in accordance with the United States laws, authorities, and 
        regulations governing such intelligence activities; or
            (2) to provide immunity or an affirmative defense to an 
        individual solely on the basis that the individual is working 
        for or on behalf of the intelligence community.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    For each of the fiscal years 2012 through 2017, there are 
authorized to be appropriated to the Attorney General such sums as are 
necessary to carry out this Act.
                                 <all>