[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 921 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 61
117th CONGRESS
  1st Session
                                 S. 921

To amend title 18, United States Code, to further protect officers and 
        employees of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2021

   Mr. Cornyn (for himself, Mr. Coons, Mr. Grassley, Mr. Leahy, Mr. 
 Cotton, Mr. Whitehouse, Mr. Hawley, Mr. Tillis, Mr. Durbin, Mr. Lee, 
    Mr. Cruz, Mrs. Feinstein, Mr. Blumenthal, and Ms. Cortez Masto) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

                              May 20, 2021

               Reported by Mr. Durbin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to further protect officers and 
        employees of 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Jaime Zapata and Victor 
Avila Federal Law Enforcement Protection Act''.</DELETED>

<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is the sense of Congress that--</DELETED>
        <DELETED>    (1) since the founding of the Nation, officers and 
        employees of the United States Government have dutifully and 
        faithfully served the United States overseas, including in 
        situations that place them at serious risk of death or bodily 
        harm, in order to preserve, protect, and defend the interests 
        of the United States;</DELETED>
        <DELETED>    (2) securing the safety of such officers and 
        employees while serving overseas is of paramount importance and 
        is also in furtherance of preserving, protecting, and defending 
        the interests of the United States;</DELETED>
        <DELETED>    (3) Federal courts, including the United States 
        Court of Appeals for the Second Circuit, the United States 
        Court of Appeals for the Ninth Circuit, and the United States 
        Court of Appeals for the Eleventh Circuit, have correctly 
        interpreted section 1114 of title 18, United States Code, to 
        apply extraterritorially to protect officers and employees of 
        the United States while the officers and employees are serving 
        abroad;</DELETED>
        <DELETED>    (4) in a case involving a violent attack against 
        Federal law enforcement officers Jaime Zapata and Victor Avila, 
        a panel of a Federal court of appeals held that section 1114 of 
        title 18, United States Code, does not apply 
        extraterritorially, creating a split among the United States 
        circuit courts of appeals; and</DELETED>
        <DELETED>    (5) in light of the opinion described in paragraph 
        (4), it has become necessary for Congress to clarify the 
        original intent that section 1114 of title 18, United States 
        Code, applies extraterritorially.</DELETED>

<DELETED>SEC. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED 
              STATES.</DELETED>

<DELETED>    Section 1114 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by inserting ``(a) In General.--'' before 
        ``Whoever''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Extraterritorial Jurisdiction.--There is 
extraterritorial jurisdiction over the conduct prohibited by this 
section.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Jaime Zapata and Victor Avila 
Federal Officers and Employees Protection Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) since the founding of the Nation, officers and 
        employees of the United States Government have dutifully and 
        faithfully served the United States overseas, including in 
        situations that place them at serious risk of death or bodily 
        harm, in order to preserve, protect, and defend the interests 
        of the United States;
            (2) securing the safety of such officers and employees 
        while serving overseas is of paramount importance and is also 
        in furtherance of preserving, protecting, and defending the 
        interests of the United States;
            (3) Federal courts, including the United States Court of 
        Appeals for the Second Circuit, the United States Court of 
        Appeals for the Ninth Circuit, and the United States Court of 
        Appeals for the Eleventh Circuit, have correctly interpreted 
        section 1114 of title 18, United States Code, to apply 
        extraterritorially to protect officers and employees of the 
        United States while the officers and employees are serving 
        abroad;
            (4) in a case involving a violent attack against Federal 
        law enforcement officers Jaime Zapata and Victor Avila, a panel 
        of a Federal court of appeals held that section 1114 of title 
        18, United States Code, does not apply extraterritorially, 
        creating a split among the United States circuit courts of 
        appeals;
            (5) in light of the opinion described in paragraph (4), it 
        has become necessary for Congress to clarify the original 
        intent that section 1114 of title 18, United States Code, 
        applies extraterritorially; and
            (6) it is further appropriate to clarify the original 
        intent that sections 111 and 115 of title 18, United States 
        Code, apply extraterritorially as well.

SEC. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES.

    Part I of title 18, United States Code, is amended--
            (1) in section 111, by adding at the end the following:
    ``(c) Extraterritorial Jurisdiction.--There is extraterritorial 
jurisdiction over the conduct prohibited by this section.'';
            (2) in section 115, by adding at the end the following:
    ``(e) There is extraterritorial jurisdiction over the conduct 
prohibited by this section.''; and
            (3) in section 1114--
                    (A) by inserting ``(a) In General.--'' before 
                ``Whoever''; and
                    (B) by adding at the end the following:
    ``(b) Extraterritorial Jurisdiction.--There is extraterritorial 
jurisdiction over the conduct prohibited by this section.''.
                                                        Calendar No. 61

117th CONGRESS

  1st Session

                                 S. 921

_______________________________________________________________________

                                 A BILL

To amend title 18, United States Code, to further protect officers and 
        employees of the United States, and for other purposes.

_______________________________________________________________________

                              May 20, 2021

                       Reported with an amendment