[Congressional Record Volume 161, Number 77 (Tuesday, May 19, 2015)]
[Senate]
[Pages S3062-S3070]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN (for herself and Mr. Blunt):
S. 1369. A bill to allow funds under title II of the Elementary and
Secondary Education Act of 1965 to be used to provide training to
school personnel regarding how to recognize child sexual abuse; to the
Committee on Health, Education, Labor, and Pensions.
Mrs. FEINSTEIN. Mr. President, I rise today on behalf of myself and
Senator Blunt, to introduce bipartisan legislation that would expand
approved uses for the Elementary and Secondary Education Acts
professional development funding to include training for teachers and
school personnel on how to recognize signs of sexual abuse in students.
According to the National Child Abuse and Neglect Data System,
865,643 children were victims of maltreatment in 2013. Approximately 7
percent, or 60,956 children, were victims of sexual abuse.
The vast majority of States require that teachers report suspicions
of child abuse, but most teachers do not receive any training on how to
see the signs.
According to the National Child Abuse and Neglect Data System, 61
percent of all reports of child abuse and neglect are made by
professionals, yet only 17.5 percent of abuse and neglect is reported
by education personnel.
Given the amount of time teachers and school personnel spend with
children, it is critical that the warning signs of child sexual abuse
are identified and reported and that action is taken. Students must
also be provided appropriate resources and support if they have been
abused.
The Helping Schools Protect Our Children Act of 2015 expands the list
of allowable uses for Elementary and Secondary Education Act, ESEA,
Title II funding to permit States to use this funding to provide
training for teachers, principals, Specialized Instructional Support
Personnel and paraprofessionals on how to recognize the signs of sexual
abuse and handle the situation if sexual abuse is identified. Under
current law, Title II provides grants to states for a variety of
purposes related to recruitment, retention, and professional
development of K-12 teachers and principals. Our bill would simply
allow professional development funds to be used to provide school
personnel with this important training.
I am proud that Senator Roy Blunt has joined me as original cosponsor
on this bill.
It is essential that as mandated reporters, school personnel have
access to the proper training to recognize abuse. When no one steps in
to stop abuse, children can be scarred for their entire lives. If we
learn to recognize the signs of abuse or neglect, we will be better
able to foster a safe environment for young people to learn and grow.
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. 1369
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 ``Helping Schools Protect Our
Children Act of 2015''.
SEC. 2. TRAINING TEACHERS TO RECOGNIZE CHILD SEXUAL ABUSE.
(a) State Activities.--Section 2113(c) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6613(c)) is
amended by adding at the end the following:
``(19) Providing training for all school personnel,
including teachers, principals, specialized instructional
support personnel, and paraprofessionals, regarding how to
recognize child sexual abuse.''.
(b) Local Educational Agency Activities.--Section 2123(a)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6623(a)) is amended by inserting after paragraph (8)
the following:
``(9) Providing training for all school personnel,
including teachers, principals, specialized instructional
support personnel, and paraprofessionals, regarding how to
recognize child sexual abuse.''.
(c) Eligible Partnership Activities.--Section 2134(a) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6634(a)) is amended--
(1) in paragraph (1)(B), by striking ``and'' after the
semicolon;
(2) in paragraph (2)(C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(3) providing training for school personnel, including
teachers, principals, specialized instructional support
personnel, and paraprofessionals, regarding how to recognize
child sexual abuse.''.
______
By Ms. HEITKAMP (for herself, Ms. Murkowski, Mr. Manchin, and Mr.
Corker):
[[Page S3063]]
S. 1372. A bill to repeal the crude oil export ban, and for other
purposes; to the Committee on Banking, Housing, and Urban Affairs.
Ms. HEITKAMP. Mr. President, I am proud to introduce today, with my
good friend from Alaska, Senator Murkowski, a bill that will wipe an
outdated policy from our books while providing a boost to our domestic
oil development and production industry. I am also pleased to have my
great friends from West Virginia, Senator Manchin, and Tennessee,
Senator Corker, join us in introducing this bill today. This bill would
allow U.S. crude oil producers to compete on equal footing with most
other major oil producing nations, helping to remove current barriers
that prevent U.S. producers from receiving a fair price for their
commodity on the world market.
Just last week, I joined Senator Murkowski as she introduced her
bill, The Energy Supply and Distribution Act, that looks to address the
build-out of critical energy infrastructure and opening up access to
new markets for our energy commodities, while also looking to make it
easier to distribute our energy to our neighbors in Mexico and Canada.
A provision in that bill also looks to repeal the current crude oil
export ban. I will continue to advocate for that bill as well, and look
forward to Senator Murkowski bringing that bill before her Senate
Committee on Energy and Natural Resources. I view this bill as not only
complimentary to the bill introduced last week, but also a way to keep
the conversation going as I look to bring this bill up for debate in
another Committee, before a different audience. Senator Murkowski and I
have been working on this effort for some time and we both felt it was
time to show our cards and let our colleagues and others see where we
are in this process. The language may be different, but the goal is the
same.
Some people may wonder how we even got here, and why would we want to
remove a policy that has brought little public or Congressional
scrutiny for almost forty years. Well, in 1973, President Richard Nixon
placed crude oil under price controls after the price of oil continued
to rise. He created a ban on oil exports as an enforcement tool for his
price controls, restricting sales outside the U.S. When President
Ronald Reagan lifted those price controls, the accompanying export ban
was retained. So basically, the current restricted trade environment
for U.S. crude oil is an unintended consequence of a 1970's price
control policy.
While certain exemptions were added over the years allowing for the
export of some U.S. oil from California and Alaska, repeal of the
overall prohibition on U.S. crude oil exports was never really seen as
a major policy priority. All of that changed with the new oil
production renaissance in the U.S, brought about by technological
innovations that have allowed for pin-point accurate horizontal
drilling and continued advances in hydraulic fracturing. These, and
other advances, have allowed for exploration and production of shale in
places like North Dakota, Montana, Wyoming, Texas, Colorado, and New
Mexico. These shale oil and natural gas plays across the country have
made the U.S. the number one combined crude oil and natural gas
producer in the world. The situation on the ground has certainly
changed and it is time to make sure our export policies are finally
updated to reflect those changes.
This issue is of particular importance to North Dakota. Due to
transportation and infrastructure constraints, producers in the Bakken
are already selling their crude oil at an even steeper discount than
U.S. producers in other plays. Combined with the recent downturn in the
price of a barrel of oil, static or declining current global demand,
and stable production from OPEC nations--U.S. crude producers in North
Dakota and elsewhere have begun to feel the pinch. While other nations,
including Iran and Russia, are able to sell their crude oil into the
world market for the best price and can continue to maintain or pick up
market share during this downturn, U.S. producers are constrained from
competing on equal footing.
As recently as 2007, North Dakota ranked eight among U.S. oil
producing states. However, due to the shale oil boom in the Bakken,
North Dakota has been the number two oil producing state in the country
since 2012--behind only Texas. While North Dakota continues to remain
in that spot, there has been a steep downturn since September 2014. The
state has over one hundred less drilling rigs then at the same time in
September 2014, the number of wells awaiting completion are at near
historic highs, capital expenditures in the U.S. are way down for oil
companies, and we continue to see layoffs and reduced hours in the oil
and oilfield services industries. North Dakota crude oil producers need
access to the world market to maintain and continue to develop the
valuable natural resource in the State.
Numerous studies in the past year including one by the non-partisan
U.S. Government Accountability Office have found that repealing the ban
on crude oil exports will lower U.S. gasoline prices. These studies
concluded that we should export crude oil in the same manner that we
export millions of barrels of gasoline and diesel every day. As a
matter of fact, while some people continue to say that we need to keep
our crude oil locked in or retail gasoline prices will rise--they fail
to mention the fact that the U.S. is the number exporter in the world
of refined petroleum products, including gasoline. So the facts just do
not add up for their argument. Additionally, at a time of growing
threats to international security, hardworking Americans in the energy
sector are helping our nation become more secure, prosperous, and
resilient to crises overseas. The administration's own National
Security Strategy recognizes that energy abundance at home can
translate to a strengthened geopolitical position on the global stage.
Unrestricted exports of U.S. crude oil is key to the long-term
stability of consumer prices, continued investment and growth in U.S.
development and production, resumption of job growth in the energy
sector and supporting industries, and continued reduction in the U.S.
trade deficit, while also providing national energy security. I hope
our colleagues will join us in supporting this important effort to
remove an outdated policy and put our U.S. crude oil on equal footing
with crude oil from around the world.
______
By Mr. DURBIN (for himself and Mr. Cassidy):
S. 1374. A bill to amend the Higher Education Act of 1965 to
establish fair and consistent eligibility requirements for graduate
medical schools operating outside the United States and Canada; to the
Committee on Health, Education, Labor, and Pensions.
Mr. DURBIN. 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. 1374
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 ``Foreign Medical School
Accountability Fairness Act of 2015''.
SEC. 2. PURPOSE.
To establish consistent eligibility requirements for
graduate medical schools operating outside of the United
States and Canada in order to increase accountability and
protect American students and taxpayer dollars.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Three for-profit schools in the Caribbean receive more
than two-thirds of all Federal funding under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that
goes to students enrolled at foreign graduate medical
schools, despite those three schools being exempt from
meeting the same eligibility requirements as the majority of
graduate medical schools located outside of the United States
and Canada.
(2) The National Committee on Foreign Medical Education and
Accreditation and the Department of Education recommend that
all foreign graduate medical schools should be required to
meet the same eligibility requirements to participate in
Federal funding under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.) and see no rationale for
excluding certain schools.
(3) The attrition rate at United States medical schools
averaged 3 percent for the class beginning in 2009 while
rates at for-profit Caribbean schools have reached 26 percent
or higher.
(4) In 2013, residency match rates for foreign trained
graduates averaged 53 percent compared to 94 percent for
graduates of medical schools in the United States.
[[Page S3064]]
(5) On average, students at for-profit medical schools
operating outside of the United States and Canada amass more
student debt than those at medical schools in the United
States.
SEC. 4. REPEAL GRANDFATHER PROVISIONS.
Section 102(a)(2) of the Higher Education Act of 1965 (20
U.S.C. 1002(a)(2)) is amended--
(1) in subparagraph (A), by striking clause (i) and
inserting the following:
``(i) in the case of a graduate medical school located
outside the United States--
``(I) at least 60 percent of those enrolled in, and at
least 60 percent of the graduates of, the graduate medical
school outside the United States were not persons described
in section 484(a)(5) in the year preceding the year for which
a student is seeking a loan under part D of title IV; and
``(II) at least 75 percent of the individuals who were
students or graduates of the graduate medical school outside
the United States or Canada (both nationals of the United
States and others) taking the examinations administered by
the Educational Commission for Foreign Medical Graduates
received a passing score in the year preceding the year for
which a student is seeking a loan under part D of title
IV;''; and
(2) in subparagraph (B)(iii), by adding at the end the
following:
``(V) Expiration of authority.--The authority of a graduate
medical school described in subclause (I) to qualify for
participation in the loan programs under part D of title IV
pursuant to this clause shall expire beginning on the first
July 1 following the date of enactment of the Foreign Medical
School Accountability Fairness Act of 2015.''.
SEC. 5. LOSS OF ELIGIBILITY.
If a graduate medical school loses eligibility to
participate in the loan programs under part D of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.)
due to the enactment of the amendments made by section 4,
then a student enrolled at such graduate medical school on or
before the date of enactment of this Act may, notwithstanding
such loss of eligibility, continue to be eligible to receive
a loan under such part D while attending such graduate
medical school in which the student was enrolled upon the
date of enactment of this Act, subject to the student
continuing to meet all applicable requirements for
satisfactory academic progress, until the earliest of--
(1) withdrawal by the student from the graduate medical
school;
(2) completion of the program of study by the student at
the graduate medical school; or
(3) the fourth June 30 after such loss of eligibility.
______
By Mr. DURBIN (for himself, Ms. Baldwin, Mrs. Boxer, Mr. Franken,
Mr. Heinrich, Mr. Markey, Mr. Menendez, Mr. Murphy, Mrs.
Murray, Mr. Reed, Mr. Sanders, Ms. Warren, Mr. Whitehouse, Mr.
Leahy, and Mr. Blumenthal):
S. 1375. A bill to designate as wilderness certain Federal portions
of the red rock canyons of the Colorado Plateau and the Great Basin
Deserts in the State of Utah for the benefit of present and future
generations of people in the United States; to the Committee on Energy
and Natural Resources.
Mr. DURBIN. 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. 1375
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's
Red Rock Wilderness Act of 2015''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--DESIGNATION OF WILDERNESS AREAS
Sec. 101. Great Basin Wilderness Areas.
Sec. 102. Grand Staircase-Escalante Wilderness Areas.
Sec. 103. Moab-La Sal Canyons Wilderness Areas.
Sec. 104. Henry Mountains Wilderness Areas.
Sec. 105. Glen Canyon Wilderness Areas.
Sec. 106. San Juan-Anasazi Wilderness Areas.
Sec. 107. Canyonlands Basin Wilderness Areas.
Sec. 108. San Rafael Swell Wilderness Areas.
Sec. 109. Book Cliffs and Uinta Basin Wilderness Areas.
TITLE II--ADMINISTRATIVE PROVISIONS
Sec. 201. General provisions.
Sec. 202. Administration.
Sec. 203. State school trust land within wilderness areas.
Sec. 204. Water.
Sec. 205. Roads.
Sec. 206. Livestock.
Sec. 207. Fish and wildlife.
Sec. 208. Management of newly acquired land.
Sec. 209. Withdrawal.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land
Management.
(2) State.--The term ``State'' means the State of Utah.
TITLE I--DESIGNATION OF WILDERNESS AREAS
SEC. 101. GREAT BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Great Basin region of western Utah is comprised of
starkly beautiful mountain ranges that rise as islands from
the desert floor;
(2) the Wah Wah Mountains in the Great Basin region are
arid and austere, with massive cliff faces and leathery
slopes speckled with pinon and juniper;
(3) the Pilot Range and Stansbury Mountains in the Great
Basin region are high enough to draw moisture from passing
clouds and support ecosystems found nowhere else on earth;
(4) from bristlecone pine, the world's oldest living
organism, to newly flowered mountain meadows, mountains of
the Great Basin region are islands of nature that--
(A) support remarkable biological diversity; and
(B) provide opportunities to experience the colossal
silence of the Great Basin; and
(5) the Great Basin region of western Utah should be
protected and managed to ensure the preservation of the
natural conditions of the region.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Antelope Range (approximately 17,000 acres).
(2) Barn Hills (approximately 20,000 acres).
(3) Black Hills (approximately 9,000 acres).
(4) Bullgrass Knoll (approximately 15,000 acres).
(5) Burbank Hills/Tunnel Spring (approximately 92,000
acres).
(6) Conger Mountains (approximately 21,000 acres).
(7) Crater Bench (approximately 35,000 acres).
(8) Crater and Silver Island Mountains (approximately
121,000 acres).
(9) Cricket Mountains Cluster (approximately 62,000 acres).
(10) Deep Creek Mountains (approximately 126,000 acres).
(11) Drum Mountains (approximately 39,000 acres).
(12) Dugway Mountains (approximately 24,000 acres).
(13) Essex Canyon (approximately 1,300 acres).
(14) Fish Springs Range (approximately 64,000 acres).
(15) Granite Peak (approximately 19,000 acres).
(16) Grassy Mountains (approximately 23,000 acres).
(17) Grouse Creek Mountains (approximately 15,000 acres).
(18) House Range (approximately 201,000 acres).
(19) Keg Mountains (approximately 38,000 acres).
(20) Kern Mountains (approximately 15,000 acres).
(21) King Top (approximately 110,000 acres).
(22) Ledger Canyon (approximately 9,000 acres).
(23) Little Goose Creek (approximately 1,200 acres).
(24) Middle/Granite Mountains (approximately 80,000 acres).
(25) Mount Escalante (approximately 18,000 acres).
(26) Mountain Home Range (approximately 90,000 acres).
(27) Newfoundland Mountains (approximately 22,000 acres).
(28) Ochre Mountain (approximately 13,000 acres).
(29) Oquirrh Mountains (approximately 9,000 acres).
(30) Painted Rock Mountain (approximately 26,000 acres).
(31) Paradise/Steamboat Mountains (approximately 144,000
acres).
(32) Pilot Range (approximately 45,000 acres).
(33) Red Tops (approximately 28,000 acres).
(34) Rockwell-Little Sahara (approximately 21,000 acres).
(35) San Francisco Mountains (approximately 39,000 acres).
(36) Sand Ridge (approximately 73,000 acres).
(37) Simpson Mountains (approximately 42,000 acres).
(38) Snake Valley (approximately 100,000 acres).
(39) Spring Creek Canyon (approximately 4,000 acres).
(40) Stansbury Island (approximately 10,000 acres).
(41) Stansbury Mountains (approximately 24,000 acres).
(42) Thomas Range (approximately 36,000 acres).
(43) Tule Valley (approximately 159,000 acres).
(44) Wah Wah Mountains (approximately 167,000 acres).
(45) Wasatch/Sevier Plateaus (approximately 29,000 acres).
(46) White Rock Range (approximately 5,200 acres).
SEC. 102. GRAND STAIRCASE-ESCALANTE WILDERNESS AREAS.
(a) Grand Staircase Area.--
(1) Findings.--Congress finds that--
[[Page S3065]]
(A) the area known as the Grand Staircase rises more than
6,000 feet in a series of great cliffs and plateaus from the
depths of the Grand Canyon to the forested rim of Bryce
Canyon;
(B) the Grand Staircase--
(i) spans 6 major life zones, from the lower Sonoran Desert
to the alpine forest; and
(ii) encompasses geologic formations that display
3,000,000,000 years of Earth's history;
(C) land managed by the Secretary lines the intricate
canyon system of the Paria River and forms a vital natural
corridor connection to the deserts and forests of those
national parks;
(D) land described in paragraph (2) (other than East of
Bryce, Upper Kanab Creek, Moquith Mountain, Bunting Point,
and Vermillion Cliffs) is located within the Grand Staircase-
Escalante National Monument; and
(E) the Grand Staircase in Utah should be protected and
managed as a wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Bryce View (approximately 4,500 acres).
(B) Bunting Point (approximately 11,000 acres).
(C) Canaan Mountain (approximately 16,000 acres in Kane
County).
(D) Canaan Peak Slopes (approximately 2,300 acres).
(E) East of Bryce (approximately 750 acres).
(F) Glass Eye Canyon (approximately 24,000 acres).
(G) Ladder Canyon (approximately 14,000 acres).
(H) Moquith Mountain (approximately 16,000 acres).
(I) Nephi Point (approximately 14,000 acres).
(J) Orderville Canyon (approximately 9,200 acres).
(K) Paria-Hackberry (approximately 188,000 acres).
(L) Paria Wilderness Expansion (approximately 3,300 acres).
(M) Parunuweap Canyon (approximately 43,000 acres).
(N) Pine Hollow (approximately 11,000 acres).
(O) Slopes of Bryce (approximately 2,600 acres).
(P) Timber Mountain (approximately 51,000 acres).
(Q) Upper Kanab Creek (approximately 49,000 acres).
(R) Vermillion Cliffs (approximately 26,000 acres).
(S) Willis Creek (approximately 21,000 acres).
(b) Kaiparowits Plateau.--
(1) Findings.--Congress finds that--
(A) the Kaiparowits Plateau east of the Paria River is one
of the most rugged and isolated wilderness regions in the
United States;
(B) the Kaiparowits Plateau, a windswept land of harsh
beauty, contains distant vistas and a remarkable variety of
plant and animal species;
(C) ancient forests, an abundance of big game animals, and
22 species of raptors thrive undisturbed on the grassland
mesa tops of the Kaiparowits Plateau;
(D) each of the areas described in paragraph (2) (other
than Heaps Canyon, Little Valley, and Wide Hollow) is located
within the Grand Staircase-Escalante National Monument; and
(E) the Kaiparowits Plateau should be protected and managed
as a wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Andalex Not (approximately 18,000 acres).
(B) The Blues (approximately 21,000 acres).
(C) Box Canyon (approximately 2,800 acres).
(D) Burning Hills (approximately 80,000 acres).
(E) Carcass Canyon (approximately 83,000 acres).
(F) The Cockscomb (approximately 11,000 acres).
(G) Fiftymile Bench (approximately 12,000 acres).
(H) Fiftymile Mountain (approximately 203,000 acres).
(I) Heaps Canyon (approximately 4,000 acres).
(J) Horse Spring Canyon (approximately 31,000 acres).
(K) Kodachrome Headlands (approximately 10,000 acres).
(L) Little Valley Canyon (approximately 4,000 acres).
(M) Mud Spring Canyon (approximately 65,000 acres).
(N) Nipple Bench (approximately 32,000 acres).
(O) Paradise Canyon-Wahweap (approximately 262,000 acres).
(P) Rock Cove (approximately 16,000 acres).
(Q) Warm Creek (approximately 23,000 acres).
(R) Wide Hollow (approximately 6,800 acres).
(c) Escalante Canyons.--
(1) Findings.--Congress finds that--
(A) glens and coves carved in massive sandstone cliffs,
spring-watered hanging gardens, and the silence of ancient
Anasazi ruins are examples of the unique features that entice
hikers, campers, and sightseers from around the world to
Escalante Canyon;
(B) Escalante Canyon links the spruce fir forests of the
11,000-foot Aquarius Plateau with winding slickrock canyons
that flow into Glen Canyon;
(C) Escalante Canyon, one of Utah's most popular natural
areas, contains critical habitat for deer, elk, and wild
bighorn sheep that also enhances the scenic integrity of the
area;
(D) each of the areas described in paragraph (2) is located
within the Grand Staircase-Escalante National Monument; and
(E) Escalante Canyon should be protected and managed as a
wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Brinkerhof Flats (approximately 3,000 acres).
(B) Colt Mesa (approximately 28,000 acres).
(C) Death Hollow (approximately 49,000 acres).
(D) Forty Mile Gulch (approximately 6,600 acres).
(E) Hurricane Wash (approximately 9,000 acres).
(F) Lampstand (approximately 7,900 acres).
(G) Muley Twist Flank (approximately 3,600 acres).
(H) North Escalante Canyons (approximately 176,000 acres).
(I) Pioneer Mesa (approximately 11,000 acres).
(J) Scorpion (approximately 53,000 acres).
(K) Sooner Bench (approximately 390 acres).
(L) Steep Creek (approximately 35,000 acres).
(M) Studhorse Peaks (approximately 24,000 acres).
SEC. 103. MOAB-LA SAL CANYONS WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the canyons surrounding the La Sal Mountains and the
town of Moab offer a variety of extraordinary landscapes;
(2) outstanding examples of natural formations and
landscapes in the Moab-La Sal area include the huge sandstone
fins of Behind the Rocks, the mysterious Fisher Towers, and
the whitewater rapids of Westwater Canyon; and
(3) the Moab-La Sal area should be protected and managed as
a wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Arches Adjacent (approximately 12,000 acres).
(2) Beaver Creek (approximately 41,000 acres).
(3) Behind the Rocks and Hunters Canyon (approximately
22,000 acres).
(4) Big Triangle (approximately 20,000 acres).
(5) Coyote Wash (approximately 28,000 acres).
(6) Dome Plateau-Professor Valley (approximately 35,000
acres).
(7) Fisher Towers (approximately 18,000 acres).
(8) Goldbar Canyon (approximately 9,000 acres).
(9) Granite Creek (approximately 5,000 acres).
(10) Mary Jane Canyon (approximately 25,000 acres).
(11) Mill Creek (approximately 14,000 acres).
(12) Porcupine Rim and Morning Glory (approximately 20,000
acres).
(13) Renegade Point (approximately 6,600 acres).
(14) Westwater Canyon (approximately 37,000 acres).
(15) Yellow Bird (approximately 4,200 acres).
SEC. 104. HENRY MOUNTAINS WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Henry Mountain Range, the last mountain range to be
discovered and named by early explorers in the contiguous
United States, still retains a wild and undiscovered quality;
(2) fluted badlands that surround the flanks of 11,000-foot
Mounts Ellen and Pennell contain areas of critical habitat
for mule deer and for the largest herd of free-roaming
buffalo in the United States;
(3) despite their relative accessibility, the Henry
Mountain Range remains one of the wildest, least-known ranges
in the United States; and
(4) the Henry Mountain range should be protected and
managed to ensure the preservation of the range as a
wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Bull Mountain (approximately 16,000 acres).
(2) Bullfrog Creek (approximately 35,000 acres).
(3) Dogwater Creek (approximately 3,400 acres).
(4) Fremont Gorge (approximately 20,000 acres).
(5) Long Canyon (approximately 16,000 acres).
(6) Mount Ellen-Blue Hills (approximately 140,000 acres).
(7) Mount Hillers (approximately 21,000 acres).
[[Page S3066]]
(8) Mount Pennell (approximately 147,000 acres).
(9) Notom Bench (approximately 6,200 acres).
(10) Oak Creek (approximately 1,700 acres).
(11) Ragged Mountain (approximately 28,000 acres).
SEC. 105. GLEN CANYON WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the side canyons of Glen Canyon, including the Dirty
Devil River and the Red, White and Blue Canyons, contain some
of the most remote and outstanding landscapes in southern
Utah;
(2) the Dirty Devil River, once the fortress hideout of
outlaw Butch Cassidy's Wild Bunch, has sculpted a maze of
slickrock canyons through an imposing landscape of monoliths
and inaccessible mesas;
(3) the Red and Blue Canyons contain colorful Chinle/
Moenkopi badlands found nowhere else in the region; and
(4) the canyons of Glen Canyon in the State should be
protected and managed as wilderness areas.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Cane Spring Desert (approximately 18,000 acres).
(2) Dark Canyon (approximately 134,000 acres).
(3) Dirty Devil (approximately 242,000 acres).
(4) Fiddler Butte (approximately 92,000 acres).
(5) Flat Tops (approximately 30,000 acres).
(6) Little Rockies (approximately 64,000 acres).
(7) The Needle (approximately 11,000 acres).
(8) Red Rock Plateau (approximately 213,000 acres).
(9) White Canyon (approximately 98,000 acres).
SEC. 106. SAN JUAN-ANASAZI WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) more than 1,000 years ago, the Anasazi Indian culture
flourished in the slickrock canyons and on the pinon-covered
mesas of southeastern Utah;
(2) evidence of the ancient presence of the Anasazi
pervades the Cedar Mesa area of the San Juan-Anasazi area
where cliff dwellings, rock art, and ceremonial kivas
embellish sandstone overhangs and isolated benchlands;
(3) the Cedar Mesa area is in need of protection from the
vandalism and theft of its unique cultural resources;
(4) the Cedar Mesa wilderness areas should be created to
protect both the archaeological heritage and the
extraordinary wilderness, scenic, and ecological values of
the United States; and
(5) the San Juan-Anasazi area should be protected and
managed as a wilderness area to ensure the preservation of
the unique and valuable resources of that area.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Allen Canyon (approximately 5,900 acres).
(2) Arch Canyon (approximately 30,000 acres).
(3) Comb Ridge (approximately 15,000 acres).
(4) East Montezuma (approximately 45,000 acres).
(5) Fish and Owl Creek Canyons (approximately 73,000
acres).
(6) Grand Gulch (approximately 159,000 acres).
(7) Hammond Canyon (approximately 4,400 acres).
(8) Nokai Dome (approximately 93,000 acres).
(9) Road Canyon (approximately 63,000 acres).
(10) San Juan River (Sugarloaf) (approximately 15,000
acres).
(11) The Tabernacle (approximately 7,000 acres).
(12) Valley of the Gods (approximately 21,000 acres).
SEC. 107. CANYONLANDS BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) Canyonlands National Park safeguards only a small
portion of the extraordinary red-hued, cliff-walled
canyonland region of the Colorado Plateau;
(2) areas near Arches National Park and Canyonlands
National Park contain canyons with rushing perennial streams,
natural arches, bridges, and towers;
(3) the gorges of the Green and Colorado Rivers lie on
adjacent land managed by the Secretary;
(4) popular overlooks in Canyonlands Nations Park and Dead
Horse Point State Park have views directly into adjacent
areas, including Lockhart Basin and Indian Creek; and
(5) designation of those areas as wilderness would ensure
the protection of this erosional masterpiece of nature and of
the rich pockets of wildlife found within its expanded
boundaries.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Bridger Jack Mesa (approximately 33,000 acres).
(2) Butler Wash (approximately 27,000 acres).
(3) Dead Horse Cliffs (approximately 5,300 acres).
(4) Demon's Playground (approximately 3,700 acres).
(5) Duma Point (approximately 14,000 acres).
(6) Gooseneck (approximately 9,000 acres).
(7) Hatch Point Canyons/Lockhart Basin (approximately
149,000 acres).
(8) Horsethief Point (approximately 15,000 acres).
(9) Indian Creek (approximately 28,000 acres).
(10) Labyrinth Canyon (approximately 150,000 acres).
(11) San Rafael River (approximately 101,000 acres).
(12) Shay Mountain (approximately 14,000 acres).
(13) Sweetwater Reef (approximately 69,000 acres).
(14) Upper Horseshoe Canyon (approximately 60,000 acres).
SEC. 108. SAN RAFAEL SWELL WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the San Rafael Swell towers above the desert like a
castle, ringed by 1,000-foot ramparts of Navajo Sandstone;
(2) the highlands of the San Rafael Swell have been
fractured by uplift and rendered hollow by erosion over
countless millennia, leaving a tremendous basin punctuated by
mesas, buttes, and canyons and traversed by sediment-laden
desert streams;
(3) among other places, the San Rafael wilderness offers
exceptional back country opportunities in the colorful Wild
Horse Badlands, the monoliths of North Caineville Mesa, the
rock towers of Cliff Wash, and colorful cliffs of Humbug
Canyon;
(4) the mountains within these areas are among Utah's most
valuable habitat for desert bighorn sheep; and
(5) the San Rafael Swell area should be protected and
managed to ensure its preservation as a wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Cedar Mountain (approximately 15,000 acres).
(2) Devils Canyon (approximately 23,000 acres).
(3) Eagle Canyon (approximately 38,000 acres).
(4) Factory Butte (approximately 22,000 acres).
(5) Hondu Country (approximately 20,000 acres).
(6) Jones Bench (approximately 2,800 acres).
(7) Limestone Cliffs (approximately 25,000 acres).
(8) Lost Spring Wash (approximately 37,000 acres).
(9) Mexican Mountain (approximately 100,000 acres).
(10) Molen Reef (approximately 33,000 acres).
(11) Muddy Creek (approximately 240,000 acres).
(12) Mussentuchit Badlands (approximately 25,000 acres).
(13) Pleasant Creek Bench (approximately 1,100 acres).
(14) Price River-Humbug (approximately 120,000 acres).
(15) Red Desert (approximately 40,000 acres).
(16) Rock Canyon (approximately 18,000 acres).
(17) San Rafael Knob (approximately 15,000 acres).
(18) San Rafael Reef (approximately 114,000 acres).
(19) Sids Mountain (approximately 107,000 acres).
(20) Upper Muddy Creek (approximately 19,000 acres).
(21) Wild Horse Mesa (approximately 92,000 acres).
SEC. 109. BOOK CLIFFS AND UINTA BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Book Cliffs and Uinta Basin wilderness areas
offer--
(A) unique big game hunting opportunities in verdant high-
plateau forests;
(B) the opportunity for float trips of several days
duration down the Green River in Desolation Canyon; and
(C) the opportunity for calm water canoe weekends on the
White River;
(2) the long rampart of the Book Cliffs bounds the area on
the south, while seldom-visited uplands, dissected by the
rivers and streams, slope away to the north into the Uinta
Basin;
(3) bears, Bighorn sheep, cougars, elk, and mule deer
flourish in the back country of the Book Cliffs; and
(4) the Book Cliffs and Uinta Basin areas should be
protected and managed to ensure the protection of the areas
as wilderness.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System.
(1) Bourdette Draw (approximately 15,000 acres).
(2) Bull Canyon (approximately 2,800 acres).
(3) Chipeta (approximately 95,000 acres).
(4) Dead Horse Pass (approximately 8,000 acres).
[[Page S3067]]
(5) Desbrough Canyon (approximately 13,000 acres).
(6) Desolation Canyon (approximately 555,000 acres).
(7) Diamond Breaks (approximately 9,000 acres).
(8) Diamond Canyon (approximately 166,000 acres).
(9) Diamond Mountain (also known as ``Wild Mountain'')
(approximately 27,000 acres).
(10) Dinosaur Adjacent (approximately 10,000 acres).
(11) Goslin Mountain (approximately 4,900 acres).
(12) Hideout Canyon (approximately 12,000 acres).
(13) Lower Bitter Creek (approximately 14,000 acres).
(14) Lower Flaming Gorge (approximately 21,000 acres).
(15) Mexico Point (approximately 15,000 acres).
(16) Moonshine Draw (also known as ``Daniels Canyon'')
(approximately 10,000 acres).
(17) Mountain Home (approximately 9,000 acres).
(18) O-Wi-Yu-Kuts (approximately 13,000 acres).
(19) Red Creek Badlands (approximately 3,600 acres).
(20) Seep Canyon (approximately 21,000 acres).
(21) Sunday School Canyon (approximately 18,000 acres).
(22) Survey Point (approximately 8,000 acres).
(23) Turtle Canyon (approximately 39,000 acres).
(24) White River (approximately 23,000 acres).
(25) Winter Ridge (approximately 38,000 acres).
(26) Wolf Point (approximately 15,000 acres).
TITLE II--ADMINISTRATIVE PROVISIONS
SEC. 201. GENERAL PROVISIONS.
(a) Names of Wilderness Areas.--Each wilderness area named
in title I shall--
(1) consist of the quantity of land referenced with respect
to that named area, as generally depicted on the map entitled
``Utah BLM Wilderness''; and
(2) be known by the name given to it in title I.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area designated by this
Act with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available
for public inspection in the Office of the Director of the
Bureau of Land Management.
SEC. 202. ADMINISTRATION.
Subject to valid rights in existence on the date of
enactment of this Act, each wilderness area designated under
this Act shall be administered by the Secretary in accordance
with--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 203. STATE SCHOOL TRUST LAND WITHIN WILDERNESS AREAS.
(a) In General.--Subject to subsection (b), if State-owned
land is included in an area designated by this Act as a
wilderness area, the Secretary shall offer to exchange land
owned by the United States in the State of approximately
equal value in accordance with section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c))
and section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)).
(b) Mineral Interests.--The Secretary shall not transfer
any mineral interests under subsection (a) unless the State
transfers to the Secretary any mineral interests in land
designated by this Act as a wilderness area.
SEC. 204. WATER.
(a) Reservation.--
(1) Water for wilderness areas.--
(A) In general.--With respect to each wilderness area
designated by this Act, Congress reserves a quantity of water
determined by the Secretary to be sufficient for the
wilderness area.
(B) Priority date.--The priority date of a right reserved
under subparagraph (A) shall be the date of enactment of this
Act.
(2) Protection of rights.--The Secretary and other officers
and employees of the United States shall take any steps
necessary to protect the rights reserved by paragraph (1)(A),
including the filing of a claim for the quantification of the
rights in any present or future appropriate stream
adjudication in the courts of the State--
(A) in which the United States is or may be joined; and
(B) that is conducted in accordance with section 208 of the
Department of Justice Appropriation Act, 1953 (66 Stat. 560,
chapter 651).
(b) Prior Rights Not Affected.--Nothing in this Act
relinquishes or reduces any water rights reserved or
appropriated by the United States in the State on or before
the date of enactment of this Act.
(c) Administration.--
(1) Specification of rights.--The Federal water rights
reserved by this Act are specific to the wilderness areas
designated by this Act.
(2) No precedent established.--Nothing in this Act related
to reserved Federal water rights--
(A) shall establish a precedent with regard to any future
designation of water rights; or
(B) shall affect the interpretation of any other Act or any
designation made under any other Act.
SEC. 205. ROADS.
(a) Setbacks.--
(1) Measurement in general.--A setback under this section
shall be measured from the center line of the road.
(2) Wilderness on 1 side of roads.--Except as provided in
subsection (b), a setback for a road with wilderness on only
1 side shall be set at--
(A) 300 feet from a paved Federal or State highway;
(B) 100 feet from any other paved road or high standard
dirt or gravel road; and
(C) 30 feet from any other road.
(3) Wilderness on both sides of roads.--Except as provided
in subsection (b), a setback for a road with wilderness on
both sides (including cherry-stems or roads separating 2
wilderness units) shall be set at--
(A) 200 feet from a paved Federal or State highway;
(B) 40 feet from any other paved road or high standard dirt
or gravel road; and
(C) 10 feet from any other roads.
(b) Setback Exceptions.--
(1) Well-defined topographical barriers.--If, between the
road and the boundary of a setback area described in
paragraph (2) or (3) of subsection (a), there is a well-
defined cliff edge, stream bank, or other topographical
barrier, the Secretary shall use the barrier as the
wilderness boundary.
(2) Fences.--If, between the road and the boundary of a
setback area specified in paragraph (2) or (3) of subsection
(a), there is a fence running parallel to a road, the
Secretary shall use the fence as the wilderness boundary if,
in the opinion of the Secretary, doing so would result in a
more manageable boundary.
(3) Deviations from setback areas.--
(A) Exclusion of disturbances from wilderness boundaries.--
In cases where there is an existing livestock development,
dispersed camping area, borrow pit, or similar disturbance
within 100 feet of a road that forms part of a wilderness
boundary, the Secretary may delineate the boundary so as to
exclude the disturbance from the wilderness area.
(B) Limitation on exclusion of disturbances.--The Secretary
shall make a boundary adjustment under subparagraph (A) only
if the Secretary determines that doing so is consistent with
wilderness management goals.
(C) Deviations restricted to minimum necessary.--Any
deviation under this paragraph from the setbacks required
under in paragraph (2) or (3) of subsection (a) shall be the
minimum necessary to exclude the disturbance.
(c) Delineation Within Setback Area.--The Secretary may
delineate a wilderness boundary at a location within a
setback under paragraph (2) or (3) of subsection (a) if, as
determined by the Secretary, the delineation would enhance
wilderness management goals.
SEC. 206. LIVESTOCK.
Within the wilderness areas designated under title I, the
grazing of livestock authorized on the date of enactment of
this Act shall be permitted to continue subject to such
reasonable regulations and procedures as the Secretary
considers necessary, as long as the regulations and
procedures are consistent with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) section 101(f) of the Arizona Desert Wilderness Act of
1990 (Public Law 101-628; 104 Stat. 4469).
SEC. 207. FISH AND WILDLIFE.
Nothing in this Act affects the jurisdiction of the State
with respect to wildlife and fish on the public land located
in the State.
SEC. 208. MANAGEMENT OF NEWLY ACQUIRED LAND.
Any land within the boundaries of a wilderness area
designated under this Act that is acquired by the Federal
Government shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this Act and other laws
applicable to wilderness areas.
SEC. 209. WITHDRAWAL.
Subject to valid rights existing on the date of enactment
of this Act, the Federal land referred to in title I is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under public law;
(2) location, entry, and patent under mining law; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
______
By Mr. LEAHY (for himself, Mr. Schumer, Mrs. McCaskill, Mrs.
Shaheen, and Mr. Sanders):
[[Page S3068]]
S. 1377. 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 U.S. 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 U.S.
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 were fraught
with difficulties. The Blackwater trial has now concluded, eight years
after this tragedy, with one former security contractor receiving a
life sentence and three others receiving sentences of 30 years for
their role. The trial was significantly delayed, however, as defendants
argued in court that the U.S. Government did 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 cover people working for other Federal agencies unless they
are supporting a Defense Department mission. Although prosecutors were
able to demonstrate that the Blackwater contractors met this criteria,
had jurisdiction in that tragic incident been clear from the outset, it
could have prevented some of the problems that delayed the case.
Other incidents have made it 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.
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.
This legislation 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 U.S. 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.
Earlier this year, Secretary Johnson was joined in Washington by
Canada's Minister of Public Safety, Steven Blaney, for the signing of a
new preclearance agreement that was negotiated under the Beyond the
Border Action Plan. That agreement sets the stage for expansion of
preclearance capacity for traffic in the marine, land, air and rail
sectors between the United States and Canada. 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 fully
implementing 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. 1377
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 2015'' 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 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
[[Page S3069]]
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) being 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) being present or residing outside the United States
in connection with such employment;
``(C) not being a national of or ordinarily resident in the
host nation; and
``(D) in the case of such a contractor, contractor
employee, grantee, or grantee employee, that 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--
``(A) being 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 being 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 person 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:
``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.
[[Page S3070]]
(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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