[Congressional Record Volume 156, Number 15 (Tuesday, February 2, 2010)]
[Senate]
[Pages S442-S445]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Kaufman):
  S. 2979. A bill to amend title 18, United States Cose, to provide 
accountability for the criminal acts of Federal contractors and 
employees outside the United States, and for other purposes; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, over the past year, President Obama has 
been working hard to restore America's credibility in the world and our 
reputation for justice and our commitment to the rule of law. A key 
component of that important mission is ensuring accountability for 
American contractors and employees overseas. Accountability is crucial, 
not just for our image abroad and our diplomatic relations, but for 
ensuring our national security.
  To restore accountability, Congress must make sure that our criminal 
laws reach serious misconduct by American government employees and 
contractors wherever they act. Today, I join with Senator Kaufman to 
introduce the Civilian Extraterritorial Jurisdiction Act, CEJA, to 
accomplish this important and common sense goal.
  Tragic events in Iraq in 2007 made clear the need to strengthen the 
laws providing for jurisdiction over American government employees and 
contractors working abroad. In September 2007, Blackwater security 
contractors working for the State Department shot more than 20 unarmed 
civilians on the streets of Baghdad, killing at least 14 of them, and 
causing an international incident with the Iraqi government.
  The Federal Bureau of Investigation, FBI, conducted a full-scale 
criminal investigation of the Blackwater shootings, and prosecutors 
brought indictments against five contractors. Last month, a Federal 
district judge dismissed all the charges because of an order from the 
past administration immunizing Blackwater contractors under Iraqi law 
and immunity commitments by the prior administration to obtain the 
testimony of some. Although the Justice Department is expected to 
appeal the dismissals, this could mean that those who perpetrated this 
act will not be held accountable. I believe that, had jurisdiction for 
these offenses been clear, FBI agents would have been on the scene 
immediately, which could well have prevented the problems that have 
plagued the case.
  Other incidents have made all too clear that the Blackwater case was 
not an isolated incident of contractor misconduct, and accountability 
for U.S. Government contractors and employees is essential. Private 
security contractors have been involved in violent

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incidents in Iraq, including other shooting incidents in which 
civilians have been seriously injured or killed. In these cases too, 
there have not been prosecutions.
  Last fall, the Senate Judiciary Committee heard testimony from Jamie 
Leigh Jones, a young woman from Texas who took a job with Halliburton 
in 2005 when she was 20 years old. In her first week on the job, she 
was drugged and gang-raped by co-workers. When she reported this 
assault, her employers moved her to a locked trailer, where she was 
kept by armed guards and denied even access to a phone.
  Only after pleading with her captors was she eventually given use of 
a phone. She called her father, who contacted her Congressman, who in 
turn contacted the State Department. State Department officials were 
able to free her. Ms. Jones testified about the arbitration clause in 
her contract that prevented her from suing Halliburton for this 
outrageous conduct, and Congress has moved to change the civil law to 
prevent that kind of injustice. Today we seek to fix the outdated 
criminal laws that have also contributed to the failure to bring those 
who perpetrated this heinous crime to justice.
  Unfortunately, many other women have encountered similar abuse and 
have similarly seen their attackers escape any accountability. Also 
last year, we learned that contractors hired to secure the American 
Embassy in Afghanistan engaged in various forms of outrageous conduct 
but there, too, there have been no prosecutions. It is time to correct 
this injustice.
  I worked with Senator Sessions and others in 2000 to pass the 
Military Extraterritorial Jurisdiction Act, MEJA, and then again to 
amend it in 2004, so that U.S. criminal laws would extend to all 
members of the U.S. military, to those who accompany the military, and 
to all contractors who support the Defense Department mission overseas. 
We wanted to make sure that all contractors working alongside the U.S. 
military or protecting U.S. interests overseas were held to the same 
standard that they would be at home. We pay these contractors with 
taxpayers' money, they represent the U.S. overseas, and they should be 
held to the same standards as our military.
  In 2007, I worked with then-Senator Obama and with Senators Sessions 
and Specter on further legislation which would have amended MEJA to 
make sure that all security contractors, not just those supporting the 
Defense Department, are accountable under U.S. law.
  Today, we introduce a bill that would finally address this issue in a 
comprehensive way, establishing clearly that all U.S. Government 
employees and contractors who commit crimes while working abroad can be 
charged and tried in the United States under U.S. law. The State 
Department, the U.S. Agency for International Development, and numerous 
other Government agencies have employees, and in recent years, more and 
more private contractors, working abroad. There must be accountability 
for all of these people who represent our Government overseas. In those 
instances where the local justice system may be less fair, this 
explicit jurisdiction will also protect Americans by providing the 
option of prosecuting them in the U.S., rather than leaving them 
subject to hostile and unpredictable local courts.
  Not only will this bill help to provide justice in cases where there 
has been none, it will improve our national security by allowing 
prosecution of those who undermine our efforts to create stability and 
improve foreign relations. By ensuring accountability in cases of 
wrongdoing against citizens of the host country, as in the Blackwater 
case, we will increase international trust and cooperation, including 
from those countries most essential to our counter-terrorism and 
national security efforts. The current lack of accountability reduces 
international confidence in our military and our Government, which 
undermines our national defense. Moreover, the talented men and women 
we need to advance our national security efforts will be more likely to 
step forward and serve if we stamp out the lawless atmosphere in places 
like Iraq and Afghanistan.
  The legislation we introduce today would further increase 
accountability by providing additional resources and creating new units 
to investigate wrongdoing by contractors and employees abroad and by 
calling on the Attorney General and the Justice Department's Inspector 
General to report to Congress on investigations under this bill.
  In the past, legislation in this area has been bipartisan. I hope it 
will be again. Senator Kaufman and I are willing to work to address any 
concerns with this legislation and to ensure that it promises justice 
in a way that strengthens, rather than weakens, our national security. 
Congressman Price is introducing a companion bill in the House. I hope 
that we will be able to rapidly pass this important reform into law.
  As we seek to restore our Nation's historic role as one of 
responsible leadership in the world, we must ensure that the values 
that brought us to that leadership are firmly in place. One of those 
great American values is the rule of law. No one should be above the 
law, certainly not American employees and contractors representing this 
great nation throughout the world. This common sense bill would promote 
the rule of law throughout the world and make us stronger in the 
process. I hope Senators on both sides of the aisle will join us.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2979

       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

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     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 Contractors and 
    Civilian Employees of the Federal Government............3271''.....

     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:

[[Page S445]]

       (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.
                                 ______