[Congressional Record Volume 160, Number 109 (Monday, July 14, 2014)]
[Senate]
[Pages S4456-S4458]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

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      By Mr. LEAHY (for himself, Mr. Schumer, Mr. Blumenthal, Mr. 
        Durbin, Mrs. McCaskill, Mrs. Shaheen, Mr. Sanders, Mr. 
        Whitehouse, and Mr. Heinrich):
  S. 2598. 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; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today, I reintroduce the Civilian 
Extraterritorial Jurisdiction Act, CEJA. The United States has huge 
numbers of Government employees and contractors working overseas, but 
the legal framework governing them is unclear and outdated. To promote 
accountability, Congress must make sure that our criminal laws reach 
serious misconduct by U.S. government employees and contractors 
wherever they act. The Civilian Extraterritorial Jurisdiction Act 
accomplishes this important and common sense goal by allowing United 
States contractors and employees working overseas who commit specific 
crimes to be tried and sentenced under U.S. law.
  Tragic events in Iraq and Afghanistan highlight 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 a rift in our relations with the Iraqi government. 
Efforts to prosecute those responsible for these shootings have been 
fraught with difficulties. The Blackwater trial is only just now under 
way, seven years after this tragedy, and the defendants continue to 
argue in court that the U.S. government does not have jurisdiction to 
prosecute them.
  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 them, and to 
contractors who work with the military. That law provides criminal 
jurisdiction over Defense Department employees and contractors, but it 
does not explicitly cover people working for other Federal agencies, 
like the Blackwater security contractors. Had jurisdiction in the 
tragic Blackwater incident been clear, it could have prevented some of 
the problems that have plagued the case.
  Other incidents have made all too clear that the Blackwater case was 
not an isolated incident. Private security contractors have been 
involved in violent incidents and serious misconduct in Iraq and 
Afghanistan, including other shooting incidents in which civilians have 
been seriously injured or killed. MEJA does not cover many of the 
thousands of U.S. contractors and employees who are working abroad. The 
legislation I introduce today fills this gap.
  Ensuring criminal accountability will also improve our national 
security and protect Americans overseas. Importantly, in those 
instances where the local justice system may be less than fair, this 
explicit jurisdiction will also protect Americans by providing the 
option of prosecuting them in the United States, rather than leaving 
them subject to potentially hostile and unpredictable local courts. Our 
allies, including those countries most essential to our 
counterterrorism and national security efforts, work best with us when 
we hold our own accountable.
  In 2011, the Senate Judiciary Committee heard testimony from the 
Justice Department and from experts in the area of contractor 
accountability about the many diplomatic and national security benefits 
of expanding criminal jurisdiction over American employees and 
contractors overseas. That hearing also explored how best to ensure 
that our Nation's intelligence activities would not be impaired by 
CEJA. The legislation I propose today has been carefully crafted to 
ensure that the intelligence community can continue its authorized 
activities unimpeded.
  This bill would also provide greater protection to American victims 
of crime, as it would lead to more accountability for crimes committed 
by U.S. Government contractors and employees against Americans working 
abroad. The Committee has previously heard testimony from Jamie Leigh 
Jones, a young woman from Texas who took a job with Halliburton in Iraq 
in 2005 when she was 20 years old. In her first week on the job, she 
was drugged and gang-raped by coworkers. When she reported this 
assault, her employers moved her to a locked trailer, where she was 
kept by armed guards and freed only when the State Department 
intervened.
  Ms. Jones testified about the arbitration clause in her contract that 
prevented her from suing Halliburton for this outrageous conduct. But 
criminal jurisdiction over these kinds of atrocious crimes abroad 
remains complicated and depends on the specific location of the crime, 
which makes prosecutions inconsistent and sometimes impossible. We must 
fix the law to help avoid arbitrary injustice and ensure that victims 
will not see their attackers escape accountability.
  This legislation also provides another important benefit: It will lay 
the groundwork to expand U.S. preclearance operations in Canada--
thereby enhancing national security and facilitating commerce and 
tourism with our largest trading partner. The United States currently 
stations U.S. Customs and Border Protection, CBP, Officers in select 
locations in Canada to inspect passengers and cargo bound for the 
United States before they leave Canada. These operations relieve 
congestion at U.S. airports, improve commerce, save money, and provide 
national security benefits. The United States and Canada are in ongoing 
conversations about an expansion of land, rail, marine and air 
preclearance operations that would greatly benefit the U.S. economy. 
But one barrier in these discussions is that the United States lacks 
legal authority to prosecute U.S. officials engaged in preclearance 
operations if they commit crimes while stationed in Canada. CEJA would 
ensure that the U.S. has legal authority to hold our own officials 
accountable if they engage in wrongdoing, and thereby help pave the way 
to finalizing the expanded Canada preclearance agreement.
  In the past, legislation in this area has been bipartisan. I hope 
Senators of both parties will work together to pass this important 
reform.
  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. 2598

       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 of 2014'' or the ``CEJA''.

     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)(1) Whoever, while employed by any department or 
     agency of the United States other than the Department of 
     Defense or accompanying any department or agency of

[[Page S4457]]

     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 paragraph (3) had the 
     conduct been engaged in within the special maritime and 
     territorial jurisdiction of the United States shall be 
     punished as provided for that offense.
       ``(2) A prosecution may not be commenced against a person 
     under this subsection 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.
       ``(3) The offenses covered by paragraph (1) are the 
     following:
       ``(A) Any offense under chapter 5 (arson) of this title.
       ``(B) 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.
       ``(C) Any offense under section 201 (bribery of public 
     officials and witnesses) of this title.
       ``(D) Any offense under section 499 (military, naval, or 
     official passes) of this title.
       ``(E) 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.
       ``(F) 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.
       ``(G) Any offense under chapter 42 (extortionate credit 
     transactions) of this title.
       ``(H) 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.
       ``(I) Any offense under chapter 50A (genocide) of this 
     title.
       ``(J) 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.
       ``(K) Any offense under chapter 55 (kidnapping) of this 
     title.
       ``(L) 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.
       ``(M) 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.
       ``(N) Any offense under section 2111 (robbery or burglary 
     within special maritime and territorial jurisdiction) of this 
     title.
       ``(O) Any offense under chapter 109A (sexual abuse) of this 
     title.
       ``(P) Any offense under chapter 113B (terrorism) of this 
     title.
       ``(Q) Any offense under chapter 113C (torture) of this 
     title.
       ``(R) Any offense under chapter 115 (treason, sedition, and 
     subversive activities) of this title.
       ``(S) Any offense under section 2442 (child soldiers) of 
     this title.
       ``(T) 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.
       ``(b) In addition to the jurisdiction under subsection (a), 
     whoever, while employed by any department or agency of the 
     United States other than the Department of Defense and 
     stationed or deployed in a country outside of the United 
     States pursuant to a treaty or executive agreement in 
     furtherance of a border security initiative with that 
     country, engages in conduct (or conspires or attempts to 
     engage in conduct) outside the United States that would 
     constitute an offense for which a person may be prosecuted in 
     a court of the United States had the conduct been engaged in 
     within the special maritime and territorial jurisdiction of 
     the United States shall be punished as provided for that 
     offense.
       ``(c) In this section:
       ``(1) The term `employed by any department or agency of the 
     United States other than the Department of Defense' means--
       ``(A) an individual is--
       ``(i) 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;
       ``(ii) present or residing outside the United States in 
     connection with such employment; and
       ``(iii) not a national of or ordinarily resident in the 
     host nation; and
       ``(B) in the case of an individual who is 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.
       ``(2) The term `accompanying any department or agency of 
     the United States other than the Department of Defense' means 
     an individual is--
       ``(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, the Secretary 
     of Homeland Security, 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 title 18, United States Code, 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 title 18, United States Code, 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 1 of 2 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 1 of 2 or more joint offenders 
     is accompanying.''.
       (c) Suspension of Statute of Limitations.--Chapter 213 of 
     title 18, United States Code, 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 statute of limitations for an offense under section 
     3272 of this title shall be suspended for the period during 
     which the individual is outside the United States or is a 
     fugitive from justice within the meaning of section 3290 of 
     this title.''.
       (d) Technical Amendments.--
       (1) Heading amendment.--The heading of chapter 212A of 
     title 18, United States Code, 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 for 
     chapter 211 of title 18, United States Code, is amended by 
     adding at the end the following new item:


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``3245. Optional venue for offenses involving Federal employees and 
              contractors overseas.''.

       (B) The table of sections for 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.''.

       (C) The table of sections for chapter 213 of title 18, 
     United States Code, 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 for part II of title 18, United 
     States Code, is amended to read as follows:

``212A.  Extraterritorial Jurisdiction Over Offenses of Contractors and 
    Civilian Employees of the Federal Government............3271''.....

     SEC. 3. INVESTIGATIVE TASK FORCES FOR CONTRACTOR AND EMPLOYEE 
                   OVERSIGHT.

       (a) Establishment of Investigative Task Forces for 
     Contractor and Employee Oversight.--The Attorney General, in 
     consultation with the Secretary of Defense, the Secretary of 
     State, the Secretary of Homeland Security, and the head of 
     any other department or agency 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 employees of the Federal 
     Government for that purpose.
       (b) Responsibilities of Attorney General.--
       (1) Investigation.--The Attorney General shall have 
     principal authority for the enforcement of this Act and the 
     amendments made by this Act, and shall have the authority to 
     initiate, conduct, and supervise investigations of any 
     alleged offense under this Act or an amendment made by this 
     Act.
       (2) Law enforcement authority.--With respect to violations 
     of sections 3271 and 3272 of title 18, United States Code (as 
     amended by section 2(a) of this Act), 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 amended by section 2(a) of this Act), 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 department or agency of the Federal Government 
     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 employees 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 1 year after the date of 
     enactment of this Act, and annually thereafter for 5 years, 
     the Attorney General shall, in consultation with the 
     Secretary of Defense, the Secretary of State, and the 
     Secretary of Homeland Security, submit to Congress a report 
     containing the following:
       (A) The number of prosecutions under chapter 212A of title 
     18, United States Code (as amended by section 2(a) of this 
     Act), including the nature of the offenses and any 
     dispositions reached, during the previous year.
       (B) The actions taken to implement subsection (a), 
     including the organization and training of employees 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 amended by 
     section 2(a) of this Act), and the provisions of this 
     section.
       (c) Definitions.--In this section, the terms ``agency'' and 
     ``department'' have the meanings given such terms in section 
     6 of title 18, United States Code.
       (d) Rule of Construction.--Nothing in this section 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 employees overseas.

     SEC. 4. EFFECTIVE DATE.

       (a) Immediate Effectiveness.--This Act and the amendments 
     made by this Act shall take effect on the date of 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 or an amendment made by this Act applies shall 
     have 90 days after the date of enactment of this Act to 
     ensure compliance with this Act and the amendments made by 
     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 apply to the authorized 
     intelligence activities of the United States Government.

     SEC. 6. FUNDING.

       If any amounts are appropriated to carry out this Act or an 
     amendment made by this Act, the amounts shall be from amounts 
     which would have otherwise been made available or 
     appropriated to the Department of Justice.

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